The resolution passed "nearly unanimously" with little debate from the 150 or so delegates who attended the meeting, James said. It lays out two options, asking either for the governor to defer to the city's charter and elevate the city council president to mayor; or a revision to state law to prevent an emergency mayoral appointee by the governor to run for the office in the next election.
Rick Abbruzzese, a spokesman for Gov. Martin O'Malley, reiterated that the governor cannot appoint a mayor of Baltimore, and did not answer other questions about the resolution. The adoption of the resolution was first reported by the online news Web site Investigative Voice.
The state constitution is difficult to follow on the topic of succession, Friedman said. One section of the document indicates that the governor has the authority to appoint a new leader should the sitting mayor be convicted and sentenced. However, that section has been superseded by a separate portion which clearly defers matters to the city's charter, Friedman said.
"If the [city charter] provides for an automatic succession, then that is what happens," Friedman said. "Baltimore's charter provides for that." Should Dixon be removed from office, City Council President Stephanie C. Rawlings-Blake would become mayor. The city's charter then directs the remaining city council members to elect a new city council president.
Cheatham said he wants the attorney general's office to issue a written opinion on the matter.
The mayoral vacancy would occur if Dixon is convicted of a felony or a misdemeanor that relates to her official duties and sentenced. Dixon faces seven theft-related charges for using gift cards that were donated to her office for distribution to needy families. She's also accused of failing to report lavish gifts from her then-boyfriend on her city ethics forms.
The removal provision of the state constitution could also apply to city councilwoman Helen L. Holton, a West Baltimore Democrat. She is charged with two campaign finance violations and set to be tried Dec. 7.
Should Holton be removed from office, the city's charter directs the remaining city council members to elect a new council member to finish out the term. The city's next general election is in November 2011.
