Hochul examining dormant power to remove a New York City mayor

ALBANY, New York — Gov. Kathy Hochul has begun to examine a long-dormant power that lets governors remove local officials such as New York City mayors, following Thursday’s indictment of Eric Adams.

Lawyers in Hochul’s office on Thursday internally discussed the legal and constitutional framework for removing an elected official, according to two people familiar with the conversations who were granted anonymity due to the sensitive nature of the talks.

The discussions were not an indication that Hochul is planning to remove Adams, but are being viewed internally as a way of keeping the governor’s options open.

“Of course the counsel's office would be prepared to present to the governor on any possible legal scenario related to this matter,” Hochul spokesperson Avi Small said. “But as the governor has made clear, she is reviewing the details made public this morning and it would be inappropriate to make any further comment at this time.”

Hochul, who has long maintained a close working relationship with Adams, said after an event in the Syracuse area Thursday morning that the charges appeared to be a “very serious matter,” but that she had not yet been briefed on them. She promised more information on her response soon.

“I will be deliberative, I will be thoughtful, but we’re going to come to the right resolution on what to do in this moment,” she said.

Governors need to give officials who they seek to remove a chance to defend themselves. Before taking the formal step of removal, they can suspend a mayor for a month while considering charges.

But the power otherwise appears to be absolute. Franklin Roosevelt, the last governor to make significant use of it, declared he would be both the judge and jury in such cases.

Roosevelt’s most famous use of the power involved former New York City Mayor Jimmy Walker, whose bank accounts had large infusions of money from city contractors.

“The evidence against Walker was in a report by a special prosecutor,” Tammany historian Terry Golway said. “The scenario that faces Hochul is worse than the scenario that faced FDR, because this was an indictment.”

Walker wound up resigning before he was removed, after a judge ruled in 1932 that Roosevelt’s power to oust officials was essentially unlimited. The judge concluded that a mayor has the right to have witnesses testify before a governor, but that the state’s chief executive otherwise only needs to answer “to the people and his own conscience” in instances like this.

As Tuesday carried on, it became clear that Hochul would indeed face a difficult path evading some sort of a response.

“With the city reeling from crime, the migrant crisis, and high-level government corruption, Gov. Hochul has a responsibility to act,” Conservative Party Chair Gerard Kassar said in a statement. “She should immediately begin the process of removing Mr. Adams from office so that a new election can be held.”

The governor’s powers to remove officials are rarely used. At least three borough presidents were kicked out of office in the early 20th century, though the most recent removal was FDR’s ouster of Manhattan Sheriff Thomas “Tin Box” Farley in 1932.

Requests for the governor to utilize the power have come up practically every year in recent history. They often end with the officials in question resigning before charges are filed. But several recent governors have made clear that the option still exists.

“Technically, the governor could remove a mayor,” Andrew Cuomo occasionally reminded people when he feuded with Adams' predecessor Bill de Blasio.