Leaders of the Maryland NAACP, worried that a Baltimore mayor's criminal conviction could result in the appointment of a white or Republican leader who may not fully represent the majority black and Democratic city, are asking state lawmakers to strip the governor of authority to permanently fill the office.
The request, made in a resolution adopted at a state meeting of the civil rights group last weekend, marks the first time a mainstream organization has raised questions about succession should Baltimore Mayor Dixon be convicted of any of the nine charges she faces. Dixon has been indicted for theft and perjury and the first of two trials is scheduled for early next month.
"There is that possibility of a conviction, and we want to know those protocols that are in place," said Elbridge James, the political action chairman of the state National Association for the Advancement of Colored People. "If it looks like it is going to rain, I am going to buy an umbrella."
Still, it is not clear that the resolution or a law change is warranted. According to Dan Friedman, an assistant attorney general who is counsel to the General Assembly, the governor does not have the authority to make an appointment.
Instead, the state constitution defers to the city's charter, he said, which elevates the city council president to be mayor in case of a vacancy. That's how Dixon became mayor in 2007 after Martin O'Malley, her predecessor, was elected governor.
Marvin L. Cheatham, the president of the Baltimore Chapter of the NAACP, introduced the resolution because he heard an attorney on a radio program discussing a lack of clarity on succession if Dixon were to be convicted and sentenced.
"Our concern is who would the governor appoint?" Cheatham said. "Here you have a predominantly African-American city. What if the governor appointed somebody white? ... Would he appoint someone Irish to be the mayor?"
Cheatham also said he worried that a future Republican governor could appoint someone from his party to lead a city where Democrats outnumber Republicans 9 to 1. "Would not the Republican governor have the ability to pick a Republican mayor?" he asked. "We just think there are some unanswered questions about the process," Cheatham said.
