What would occur if Mayor Adams resigns or refuses to step down from City Hall?

 


Mayor Eric Adams now holds the troubling distinction of being the first sitting mayor in modern New York City history to be indicted.

In response to the indictment, Adams has committed to staying in City Hall while he battles the criminal charges. However, the final decision on his future may not rest solely with him. Here’s what could unfold next.

Governor Kathy Hochul has the authority to remove Adams from office.

According to the city’s charter, the governor has the power to remove the mayor if he is charged with a crime. Whether Hochul will take that step is her decision, especially since she and Adams have maintained a solid alliance.

"Governor Hochul is aware of these troubling news reports and is closely monitoring the situation. It would be premature to comment further until law enforcement provides confirmation," said Avi Small, the governor’s press secretary, late Wednesday night.

Adams could choose to resign, which would elevate Public Advocate Jumaane Williams to the position of acting mayor.

If Adams were to step down, Williams would serve as mayor until a special election could be held to select a replacement. The city charter stipulates that the acting mayor must announce the election date within three days of the mayor’s departure.

William Gerlich, a spokesperson for the public advocate, described the indictment as “incredibly serious.” He stated that Williams would provide further comments as more information becomes available, but emphasized that “right now, he is focused on how to help New Yorkers regain trust, confidence, and stability in city government.”

If Williams were unable to serve for any reason, City Comptroller Brad Lander, who is running for mayor, would be next in line.

Historically, two former mayors, Jimmy Walker in 1932 and Bill O’Dwyer in 1950, resigned during corruption investigations linked to their administrations. However, unlike Adams, neither Walker nor O’Dwyer faced charges while in office.

Adams could choose to remain in office as mayor.

This is the path he opted for as news of the indictment surfaced, which was still sealed late Wednesday night. Pressure from fellow Democrats for Adams to resign was quickly increasing, including demands from his primary challengers.

Earlier on Wednesday, just hours before the indictment news broke, U.S. Rep. Alexandria Ocasio-Cortez expressed doubts about Adams's ability to "continue governing," noting that the "flood of resignations and vacancies are threatening" the functioning of government. Earlier this month, NYPD Commissioner Edward Caban resigned shortly after federal agents confiscated his phones. Two days later, Adams’s chief counsel, Lisa Zornberg, also stepped down.

On Tuesday, Schools Chancellor David Banks—whose phones were similarly seized—announced he would retire at the end of the year. Health Commissioner Ashwin Vasan also revealed plans to resign by early next year, although he has not been linked to any ongoing federal investigation.

Federal authorities are currently conducting at least four separate investigations into Adams's administration or his campaign.

City officials could attempt to establish an “inability committee.”

According to the city charter, officials can establish a rare committee known as an “inability committee,” which has the authority to remove the mayor. This committee consists of five members: the corporation counsel (the city’s chief attorney), the comptroller, the City Council speaker, a deputy mayor selected by the mayor, and the longest-serving borough president. The known members would include Comptroller Brad Lander, Speaker Adrienne Adams, and Queens Borough President Donovan Richards. The choice of deputy mayor would be up to Adams, and currently, the corporation counsel position is vacant.

To remove the mayor, at least four members must vote in favor. However, the charter does not clarify how the committee can be formed without a sitting corporation counsel.


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