Issue Watch
FOR RELEASE FRIDAY JAN. 8TH 2010
Contact Delegate Don Dwyer
Cell 410-419-3870
Delegate Raises Constitutional Challenge to Mayor’s Pension
Annapolis Maryland – Delegate Don Dwyer, Jr. of Anne Arundel County has released a letter sent today to State Prosecutor Robert A. Rohrbaugh. Mr. Rohrbaugh represented the state in the case against Mayor Shelia Dixon in the case involving the misuse of gift cards.
Dwyer contends in the letter that the state constitution prohibits the state from allowing Dixon to receive a lifetime pension after being convicted by a jury.
On December 4th just two days after the conviction, Dwyer is said to have had a heated phone conversation with Maryland Attorney General Douglas Gansler regarding the removal of Dixon from office. Delegate Dwyer challenged Attorney General Gansler to read Article XV of the state constitution for himself and insisted that action be taken in accordance with the state constitution.
Subject: FOR RELEASE FRIDAY JAN 8th – Delegate Raises Constitutional Challenge to Mayor’s Pension
Office of State Prosecutor
Robert A. Rohrbaugh
300 East Joppa Road
Hampton Plaza, Suite 410
Towson, MD 21286-3152
January 8, 2010
Dear Mr. Rohrbaugh,
As a member of the Maryland Legislature and the House Judiciary committee I am concerned with media reports that Mayor Shelia Dixon has been permitted to resign her position as Mayor while facing a conviction and sentence that would ultimately have resulted in removal without pay or benefit. As I understand, the Mayor was “convicted” on December 2. 2009 by a Jury regarding the improper use of gift cards.
The state constitution under Article XV required that the Mayor be suspended without pay or benefit upon conviction. That suspension should have taken place on December 2nd. Under the plain and clear language of Article XV not only was the Mayor not suspended, she has now been given the opportunity to take an Alford plea (nolo contendere) in a separate perjury case that derived from the original case. As result of the “deal” she has retained the “benefit” of a lifetime pension and been cleared of the original conviction. As I read it, this is in direct violation of the state constitution.
Now that the deal has been cut, what happens to the original case and the conviction that required suspension without pay or benefit? When will she be sentenced under the original conviction of December 2nd?
Would you please explain in detail how the Mayor is allowed a pension and how this is permissible under the law when the requirements of the state constitution under Article XV clearly prohibit it?
Article XV Sec. 2
Any elected official of the State, or of a county or of a municipal corporation who during his term of office is convicted of or enters a plea of nolo contendere (an Alford plea) to any crime which is a felony, or which is a misdemeanor related to his public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be suspended by operation of law without pay or benefits from the elective office.
Also explain why the Governor has not acted as instructed by Article XI Sec. 6, to remove the Mayor.
ARTICLE XI
SEC. 6. The Mayor shall, on conviction in a Court of Law, of wilful 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.
Given the clear language of Article XV and XI, I respectfully request that the state consider an immediate reversal of the pension on the grounds that the state constitution specifically prohibits it. I would also ask that the Governor act immediately in accordance with Article XI to remove Mayor Dixon from office.
Maryland citizens are outraged at the outcome of this trial and the possibility that the Mayor will receive a pension for life.
Your prompt response would be greatly appreciated.
Constitutionally yours,
State Delegate Don H. Dwyer, Jr.
c.c. Governor Martin O’Malley
Maryland Attorney General Gansler
Speaker of the House
President of the Senate
Chairman, House Judiciary Committee
