BMORENEWS.com

NATIONAL ASSOCIATION FOR THE ADVANCEMENT

OF COLORED PEOPLE

Baltimore City Branch, Legal Redress Committee

Eight West 26^th Street

Baltimore, Maryland 21218

October 3^rd, 2009

PROPOSED EMERGENCY

RESOLUTION REGARDING BALTIMORE CITY

MAYORAL SUCCESSION

WHEREAS, The Maryland State Prosecutor’s Office is currently prosecuting The Honorable Sheila Dixon, Mayor of The City of Baltimore, for conduct alleged to involve Theft and Misconduct in Office; and,

WHEREAS, The Maryland Declaration of Rights requires that The Mayor shall, on conviction in a Court of Law, of willful neglect of duty, or misbehavior in office, be removed from office by the Governor of the State, and a successor shall thereafter be elected, as in a case of vacancy; (Maryland Declaration of Rights, Article XI, Section 6,) and, (that) a special election (shall then) be held; and,

WHEREAS, it is apparent that a time delay would likely occur between the point when the Mayor would be removed upon conviction, and the time when a special election could pragmatically occur,

WHEREAS, relevant provisions of The Public Safety and State Government Articles of The Maryland Annotated Code could be read together to construe that the Governor has the power to declare such a circumstance as, “an emergency” as intended by the provisions of the aforementioned Articles of the Annotated Code; and,

WHEREAS, a reading of The Annotated Code of Maryland as discussed immediately above, could further conclude that the Governor is empowered to appoint an interim mayor to serve during the lapse of time between any removal of a convicted mayor, and the special election replacing such a mayor;

BE IT RESOLVED, That The Maryland Conference of The National Association for the Advancement of Colored People, shall advocate for, lobby for, and generally seek the enactment of legislation by The Maryland State Legislature, which shall require that the Governor exercise his/her authority in the case of the need to remove a convicted Mayor of The City of Baltimore in one of the following two alternative ways:

1.      Should The Governor determine the need to make an emergency appointment of an Interim Mayor during the period between the removal of a convicted mayor and the constitutionally required special election, The Governor shall appoint The City Council President to the Office of The Mayor for the limited period of time which may elapse between the removal of a convicted mayor and the constitutionally required special election; During such an interim appointment, the chain of succession established by The Charter of The City of Baltimore shall control any and all other affected  offices; However, The City Council President shall not be able to run for Mayor in the special election; Upon the election of a new mayor in such a special election, all affected, interim officers shall return to their originally elected offices; or,

2.      Should The Governor determine the need to make an emergency appointment of an Interim Mayor during the period between the removal of a convicted mayor and the constitutionally required special election, The Governor shall appoint any qualified person to the Office of Mayor of The City of Baltimore, with the provision that such person shall be precluded from running in the special election required by The Maryland Declaration of Rights.

Signed this 5^th day of October 2009

__________________________________                ______________________________

Dr. Marvin L. Cheatham, Sr., President                        Bette D. Brooks, Secretary

Tags: Baltimore, NAACP, Politics