After a year or so of relative calm, New York\u2019s political world was shaken by the federal indictment of New York City Mayor Adams. While the action was not altogether unexpected \u2013 the Mayor and his top aides had been under investigation for quite some time \u2013 nevertheless it was the first time that a sitting New York City Mayor was indicted.<\/p>\n\n\n\n
The feds allege that Mr. Adams, both before and during his time as Mayor, used his influence to benefit special interests. In particular, the federal indictment<\/a> alleged that the Mayor received overseas trips and illegal campaign contributions from Turkey in return for political favors. The Mayor is also accused<\/a> of illegal campaign financing activities allowing him to receive $10 million in City public matching funds via \u201cstraw<\/a>\u201d campaign donations (contributions that are given by one person in the name of another).<\/p>\n\n\n\n The Mayor has pled not guilty and has repeatedly denied having acted illegally, arguing that the indictment is \u201centirely false, based on lies<\/a>\u201d and that he will not \u201cresign, he will reign<\/a>.\u201d He is, of course, presumed innocent until the charges are heard in court. Despite increasing calls<\/a> for his resignation by some<\/a> elected officials<\/a> and advocates, he is entitled to have his side of the story told.<\/p>\n\n\n\n The Mayor, at least publicly<\/a>, argued that he became a target because of his criticism<\/a> of the Biden administration\u2019s response to the migrant crisis.<\/p>\n\n\n\n The cloud over City Hall extends to other high-ranking New York City officials who also are under scrutiny by the feds. Adding to the Administration\u2019s problems is that several key senior officials \u2013 including the police commissioner, the schools chancellor and the mayor\u2019s top lawyer \u2013 have recently resigned<\/a>. And the probe is ongoing as federal and state agents seized<\/a> the phone of the Mayor\u2019s chief adviser after the indictment dropped.<\/p>\n\n\n\n While this is not the first time that Mr. Adams has faced questions about his actions<\/a>, this is by far the most serious. If convicted, Mayor Adams could face<\/a> up to 45 years in prison.<\/p>\n\n\n\n So, what is next? There are three scenarios of what could happen. The most obvious is that the Mayor could resign. If he does, the next official in the line of succession is the Public Advocate. The New York City Public Advocate is selected in a citywide election and under the New York City Charter<\/a> would become the interim Mayor (if he cannot accept the role, the other citywide elected official, the New York City Comptroller becomes the interim).<\/p>\n\n\n\n That position is only for an interim<\/em> basis. The City Charter establishes complicated options for how the interim<\/em> Mayor should call for a special election to replace an elected<\/em> Mayor who resigned. However, the Charter makes it clear that the interim Mayor must \u201cWithin three days of the occurrence of a vacancy in the office of the mayor, the person acting as mayor shall proclaim the date for the election.\u201d That special election date would most likely (as of now) have to occur within a couple of months. The newly elected Mayor would then face re-election at the end of the existing term, November 2025.<\/p>\n\n\n\n The New York City Charter does offer a path for removal<\/em> of the Mayor by action of the City\u2019s political leadership. While this provision has been untested, it works like this: Under the City Charter, an \u201cinability committee\u201d can be formed to remove the Mayor. That committee consists of five positions: the corporation counsel (the City\u2019s top lawyer), the City Comptroller; the City Council speaker; a deputy Mayor picked by the Mayor; and the longest serving borough president. At least four members must vote to remove the Mayor. If removed, the Mayor is replaced by the Public Advocate.<\/p>\n\n\n\n The third option is one that impacts Albany. Under state law<\/a>, Governor Hochul has the power to remove the mayor<\/a> of any city in the state \u2013 including New York City. Also according to the City\u2019s Charter<\/a>, \u201cThe mayor may be removed from office by the Governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the Governor may suspend the mayor for a period not exceeding thirty days.\u201d<\/p>\n\n\n\n The Governor\u2019s power is broad but largely untested when it comes to the removal of a New York City Mayor. Historically, it has only been used for that purpose once, when former Gov. Franklin Roosevelt initiated removal proceedings<\/a> against a former Mayor, who resigned prior to action. That power, however, has been used for the removal<\/a> of other local officials.<\/p>\n\n\n\n Yet, such an action by the Governor would add another explosive issue to an agenda that includes what to do about congestion pricing<\/a>, the state\u2019s upcoming budget and its potential deficits<\/a>, her involvement<\/a> in the election of Democrats this November, and of course, her day job \u2013 running state government.<\/p>\n\n\n\n