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What happens if Mayor Adams resigns – or refuses to leave City Hall?
By
Elizabeth Kim
and
David Brand
Published Sep 25, 2024
Modified Sep 26, 2024
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Andrew Lichtenstein/Corbis via Getty Images
By
Elizabeth Kim
and
David Brand
Published Sep 25, 2024
Modified Sep 26, 2024
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Mayor Eric Adams now owns the dubious distinction of being the first sitting mayor in modern New York City history to be indicted.
After news of the indictment broke, Adams vowed to remain in City Hall while fighting the criminal charges. However, that decision may not be entirely up to him. Here’s what could happen next.
Gov. Kathy Hochul could remove Adams from office.
The city’s charter states that the governor may remove the mayor after he is charged with a crime. Whether Hochul does so is up to her. The governor and mayor have been steady allies.
"Governor Hochul is aware of these concerning news reports and is monitoring the situation. It would be premature to comment further until the matter is confirmed by law enforcement," Avi Small, press secretary for the governor, said late Wednesday night.
Adams could resign, making Public Advocate Jumaane Williams the acting mayor.
Should Adams step down, Williams would be mayor until a special election is held to choose a replacement. According to the charter, the acting mayor must announce a date for that election within three days of the mayor leaving office.
William Gerlich, a spokesperson for the public advocate, called news of the indictment “incredibly serious.” He said Williams would say more as facts emerge but that “right now, he is focused on how best to ensure that New Yorkers can regain trust, confidence and stability in city government.”
Should Williams be unable to serve for any reason, the next in line would be City Comptroller Brad Lander, who is running for mayor.
Two previous mayors, Jimmy Walker in 1932 and Bill O’Dwyer in 1950, resigned amid corruption investigations surrounding their administrations. But unlike Adams, Walker and O’Dwyer were not charged while in office.
Adams could continue to serve as mayor.
This is the option Adams chose as word emerged of the indictment, which remained sealed late Wednesday night. Calls from his fellow Democrats for Adams to resign were quickly mounting, including from his primary challengers.
Earlier Wednesday — hours before news of the indictment emerged — U.S. Rep. Alexandria Ocasio-Cortez said she did not see how Adams could “continue governing” and that the “flood of resignations and vacancies are threatening” the function of government. Earlier this month, NYPD Commissioner Edward Caban resigned shortly after federal agents took his phones. Two days later, Adams’ chief counsel, Lisa Zornberg, stepped down.
On Tuesday, Schools Chancellor David Banks — whose phones were also seized — said he would retire at the end of the year. Health Commissioner Ashwin Vasan also announced plans to step down by early next year. Vasan has not been linked to any ongoing federal investigation.
Federal authorities are pursuing at least four separate investigations into Adams’ administration or his campaign.
City officials could form an “inability committee” — or try to.
Under the charter, the city can also form a rare committee with the power to fire the mayor — an “inability committee.” That committee consists of five positions: the corporation counsel, also known as the city’s top attorney; the comptroller; the City Council speaker; a deputy mayor picked by the mayor; and the longest serving borough president. The three known members would be Comptroller Brad Lander, Speaker Adrienne Adams and Queens Borough President Donovan Richards. It would be up to Adams which deputy mayor to choose, and the city’s corporation counsel position is currently vacant.
At least four members must vote to remove the mayor. The charter does not make clear how or if the committee can be formed without anyone acting as top lawyer.
This story has been updated to include a statement from Avi Small, press secretary for Gov. Kathy Hochul, and an additional scenario.
Brigid Bergin contributed reporting.
Tagged
new york city
Adams investigations
Politics
Elizabeth Kim
Elizabeth Kim is a reporter on the People and Power desk who covers mayoral power. She previously covered the pandemic, housing, redevelopment and public spaces. A native of Queens, she speaks fluent Mandarin. Got a tip? Email [email protected]
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David Brand
David is a reporter covering housing for Gothamist and WNYC. Got a tip? Email [email protected] or Signal 908-310-3960.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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