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What happens if Mayor Adams resigns – or refuses to leave City Hall?


What happens if Mayor Adams resigns – or refuses to leave City Hall?

Mayor Eric Adams has the dubious honor of being the first sitting mayor in the modern history of New York State to be impeached.

After the charges were announced, Adams vowed to stay at City Hall and fight the charges. However, that decision may not be entirely his to make. Here's what could happen next.

Governor Kathy Hochul could remove Adams from office.

The city's charter states that the governor can fire the mayor if he is accused of a crime. Whether Hochul does so is up to her own decision. The governor and mayor have always been firm 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 has been confirmed by law enforcement,” Avi Small, the governor's press secretary, said late Wednesday night.

Adams could resign and make public advocate Jumaane Williams the acting mayor.

If Adams resigns, Williams would be mayor until a special election is held to select a successor. By statute, the incumbent mayor must announce a date for that election within three days of leaving office.

William Gerlich, a spokesman for the district attorney, called the news of the indictment “incredibly serious.” He said Williams would say more as the facts emerge, but “right now he is focused on how best to ensure that New Yorkers can regain trust, confidence and stability in city government.”

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

Two previous mayors, Jimmy Walker in 1932 and Bill O'Dwyer in 1950, resigned amid corruption investigations related to their terms in office. But unlike Adams, Walker and O'Dwyer were not indicted during their terms in office.

Adams could continue to serve as mayor.

That was the option Adams chose when the charges, which remained sealed late Wednesday night, were announced. Calls for Adams to resign from his fellow Democrats quickly grew, including from his challengers in the primaries.

On Wednesday morning – hours before the charges were announced – US Representative Alexandria Ocasio-Cortez said she could not imagine Adams “continuing to govern” and that the “flood of resignations and vacancies threatens” the ability of the government to function. Earlier this month, NYPD Commissioner Edward Caban resigned shortly after federal agents seized his phones. Two days later, Adams's chief adviser Lisa Zornberg resigned.

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 resign early next year. Vasan will not be included in any of the ongoing federal government investigations.

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

The city administration could form an “incompetence committee” – or at least try to.

Additionally, under the charter, the city can form a rare committee with the power to fire the mayor — an “incapacity committee.” This committee consists of five positions: the corporation counsel, also known as the city's top lawyer; the auditor; the speaker of the City Council; a deputy mayor selected by the mayor; and the longest-serving borough president. The three known members would be auditor Brad Lander, speaker Adrienne Adams, and Queens Borough President Donovan Richards. It would be up to Adams to choose which deputy mayor he chooses, and the city's corporation counsel position is currently vacant.

At least four members must vote to remove the mayor. The charter does not specify how or if the committee can be formed without one of the two serving as chief counsel.

This story has been updated to include a statement from Avi Small, press secretary for Governor Kathy Hochul, and an additional scenario.

Brigid Bergin contributed to reporting.

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