TGR: What if Baltimore's Mayor is Convicted?
While this is not about race nor party affiliation, these are questions of democracy.
By Doni Morton Glover, www.bmorenews.com
(BALTIMORE – October 15, 2009) –What happens is Baltimore City Mayor Sheila Dixon is convicted? Who will, God forbid an indictment should happen, appoint her replacement?
Personally, I think it is a valid question. And while issues of race and party affiliation have been raised this week, this question deserves an appropriately intelligent response.
Background: A rumor had been put out there on Frank Conaway’s WOLB News Talk Radio Show that suggested that two people not of the majority community were being considered by Gov. Martin O’Malley to replace Mayor Sheila Dixon if she were convicted. Former Baltimore City Solicitor Neal Janey was asked about the procedure for succeeding a convicted mayor in office in Baltimore City.
Janey initially answered that the City Council President would take the place of the mayor, but also stated that he had not researched the question thoroughly enough and needed a little time day to give a definite response. Not long thereafter, Janey reappeared on the radio show and gave the results of his research. The results were that the Governor, according to the State Constitution, must remove a sitting mayor who is convicted of misconduct in office.
Also, the State Constitution calls for a special (not regularly scheduled quadrennial) election for the mayor’s position. The exact source of reference is the Maryland Declaration of Rights (MDR, Article 11, Section 6). This means that time, money, and logistics will automatically come into play – a massive undertaking, to say the least.
So, what happens between the time of the removal of a convicted mayor and the date of the special election?
Hypothetically, based on the language of the Maryland Annotated Code, it is inferable that the governor can declare an emergency in any area of the state where he can then appoint a mayor.
Now, let’s go a step further, as some interestingly provocative questions come to mind. Does this mean that this newly appointed mayor can run with all of the accoutrements and advantages of an incumbent? Or, should the appointed mayor be that merely of a caretaker and not one given to political opportunism.
I think that as a condition of such an appointment, the caretaker ought not be able to run for mayor.
While this is not about race nor party affiliation, these are questions of democracy. In short, this week brought forth answers to questions of concern regarding of an otherwise unintentional quirk in the law that could deprive Baltimoreans of a democratically elected mayor.
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