Although New York Governor Kathy Hochul has the power to begin removal proceedings against New York City Mayor Eric Adams, a New York City mayor has never been removed by the governor. Fordham Law Adjunct Professor Jerry H. Goldfeder, director of Fordham Law School’s Voting Rights and Democracy Project, explained to The New York Times when the closest precedent last occurred.
While the State Constitution clearly gives the governor the power to remove the mayor, history offers little guidance for how such a move might unfold. No governor since Franklin D. Roosevelt has even tried to use the removal power against a sitting New York City mayor, and even that almost century-old action never reached a conclusion.
…
Initiating the removal of Mr. Adams, who has always insisted he was innocent of the charges, would set off an extraordinary and unpredictable course of events. A mayor of New York City has never been removed by the governor. The closest precedent occurred in 1931, when Roosevelt pushed to remove Mayor Jimmy Walker. The matter was never formally tested, however: Fourteen days of hearings were held, but Mr. Walker eventually resigned and moved to Europe.
Jerry H. Goldfeder, a longtime election lawyer who teaches at Fordham Law School, said in an interview that Mr. Roosevelt allowed Mr. Walker “free rein” to call witnesses and introduce evidence to defend himself. If Ms. Hochul were to play this card, he said, she would be on firm ground so long as Mr. Adams was given clear reasons for his removal and the chance to offer a defense.
“If the governor is going to charge a mayor with the kind of conduct that she believes requires removal, she should have an expansive view of what due process rights he’s entitled to,” Mr. Goldfeder said.
…
Mr. Goldfeder wrote in a law paper in the fall that there was little question that Ms. Hochul had the power to remove Mr. Adams, but “a governor who chooses to exercise the power of removal has no clear guideposts, and must navigate proceedings with care.”
Read “Many Want Hochul to Force Adams From Office. She Isn’t Rushing.” in The New York Times.
