A former Harford County councilman — who pleaded no contest to theft stemming from allegations that he stole more than $23,000 from a union that he led for more than 50 years — has filed a lawsuit challenging his removal from office.

Nearly two weeks after declaring in court that he was taking responsibility, Dion Guthrie now claims in a lawsuit filed last Wednesday in Harford County Circuit Court that he did not actually plead no contest to theft.

That’s because Guthrie asserts that he could not take that step without the consent of the court. And the judge, he noted, said he was striking the no contest plea before placing him on probation before judgment.

Guthrie is seeking a declaratory judgment that he remains a member of the Harford County Council as well as an injunction to prevent Council President Pat Vincenti, a Republican, from taking any additional steps to interfere with the performance of his job duties.

In a statement, Guthrie, a Democrat, said he’s planning to continue in his position, adding that there was “no basis or authority for the suggestion that I should be removed from Council.”

“Instead, I will continue my decades of faithful and effective service to District A and the 43,000 citizens who look to me as their voice on the Council,” Guthrie said. “With the budget and comprehensive zoning processes under way, along with other pressing issues that affect Harford County, I plan to do what I have always done — roll up my sleeves and get to work for the people of Joppatowne and Edgewood.”

The Maryland Constitution states that elected officials who plead guilty or no contest to felonies or certain misdemeanors “shall be removed from the elective office by operation of law and the office shall be deemed vacant.”

Voters adopted a constitutional amendment in 2012 that changed the point at which elected officials charged with certain crimes are removed from office.

But Guthrie alleges that provision does not apply in his case.

On Nov. 14, Guthrie pleaded no contest in Baltimore County Circuit Court to one count of theft between $1,500 and $25,000, a felony.

Guthrie, 86, of Joppa, did not admit guilt but acknowledged that prosecutors had enough evidence to get a conviction. He agreed to pay almost $23,500 in restitution.

Prosecutors alleged that Guthrie stole from the International Brotherhood of Electrical Workers Local 1501, which is based in Cockeysville. He served for almost 52 years as president and business manager of the union, which represents some contractors who work at NASA as well as workers at AmTote International, a racing and gaming technology company.

Guthrie’s defense attorney, Domenic Iamele, said his client denied the accusations but did not have the resilience to dispute them at trial.

During the hearing, Baltimore County Circuit Judge Dennis M. Robinson Jr. posed a number of questions to Guthrie and asked, “Knowing all of the rights that you’re waiving, do you still wish to enter the plea today?”

“Yes. Yes. Yes, your honor,” Guthrie replied.

Next, Iamele said he understood that the judge was accepting a no contest plea.

“I am,” Robinson responded.

“Yes,” Iamele said. “Thank you.”

Robinson then listened to a statement of facts from Assistant State’s Attorney Kayla York and found beyond a reasonable doubt that Guthrie was guilty of theft.

When he was given the opportunity to address the court, Guthrie said, “I’m taking responsibility. I’m the president of the union. If something happens in there, if somebody else does it, the hit is on me.”

Later, Robinson described the facts and the circumstances of the case as “serious and troubling.”

On the other hand, Robinson brought up Guthrie’s age and lack of a criminal record, along with the fact that he’d already paid restitution.

Robinson then struck the guilty verdict and granted Guthrie probation before judgment.

Harford County Council Attorney Meaghan Alegi previously said in a statement that regardless of sympathies, his removal from office was “a matter of a state constitutional requirement.”

Lawyers at Rifkin Weiner Livingston LLC, outside counsel for the Harford County Council, reiterated on Monday that Guthrie was removed from office the moment he entered a no contest plea.

“The equation here is simple,” they wrote in court documents. “Mr. Guthrie seeks to retain all the benefits of a nolo contendere plea he entered and accepted, while escaping the negative consequences that come with it under the Constitution.”

Guthrie did not provide a copy of the full transcript of the hearing because “the part he omitted defeats his claim.” The constitutional amendment, they said, is “clear, unambiguous, and supported by its legislative history.”

They also brought up how former Maryland Attorney General Doug Gansler noted in an opinion in 2012 that the constitutional amendment mandates immediate and automatic removal for guilty pleas and no contest pleas to certain crimes.

Harford County Circuit Judge Yolanda L. Curtin has ordered Guthrie to file a complete transcript of the hearing as well as a response no later than noon on Tuesday.

Gansler is now a partner at Cadwalader, Wickersham & Taft LLP in Washington. He represents Guthrie in his lawsuit.