New York City Mayor Eric Adams insisted he would remain in office despite the charges. But the city charter outlines two ways to force Adams out of his position. One way would involve his close ally, Gov. Cathy Hochul.
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After news broke that New York City Mayor Eric Adams had been indicted on five criminal charges, many other politicians began calling for him to resign from office. So far, Adams has been defiant.
“I will fight these injustices with all my heart and soul,” Adams said in a recorded statement Wednesday, when news of the indictment broke. He denies any wrongdoing.
However, this does not guarantee that he will remain in power. Regardless of the outcome of the trial, there are two ways to remove him from office.
The decision could be made by Gov. Kathy Hochul or by an “incapacity board,” which has never been used before.
Under the city charter, Hochul could remove Adams from office if he is charged with a crime. But Mr. Hochul and Mr. Adams have remained close allies in recent years, and it’s unclear whether Mr. Hochul will choose to oust him, according to the New York City-based Gothamist newspaper.
In the second scenario outlined in the charter, the city could convene an “incompetence board” that has never been held before. According to the city charter, the commission is made up of five people: New York City’s top lawyer, the comptroller, the president of the city council, the longest-serving borough president, and a vice mayor chosen by the mayor.
Currently, three of these positions are filled by known individuals. Adrian Adams is City Council President, Donovan Richards is the longest-serving borough president, and Brad Lander is Comptroller (and is running for mayor in 2025).
Richards did not respond to requests for comment. A spokeswoman for Mr. Lander declined to comment.
The position of top lawyer, formally known as corporate counsel, is vacant, but Muriel Good-Trufan is acting in the role. Good Trufant did not respond to requests for comment.
The New York Times reported that former federal prosecutor Randy Mastro, whom Adams had nominated for the top prosecutor position, withdrew his candidacy for the position in September.
It is also unclear who Adams will choose as deputy mayor.
A vote from four out of five committee members is required to remove Adams from office.
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“The Mayor made clear today that as Mayor, he intends to continue serving 8.3 million New Yorkers,” Adams spokesperson Fabian Levy told Business Insider in an email.
Who will replace Adams?
If Adams is fired or resigns, Jumaane Williams, the city’s public defender, will serve as acting mayor. If Williams is unable to serve, Comptroller Lander will take over until a special election for mayor is held.
Within three days of Adams vacating the Gracie residence, Williams will have to specify a date for the special election. According to city rules, that date will be the first Tuesday 80 days after Adams resigns.
This election does not include a primary election, so candidates must run as independents. Voters will use ranked-choice voting, similar to the previous mayoral election.
But there’s yet another complicating wrinkle.
If Adams steps down within 90 days of the June mayoral primary, there will essentially be no special election after late March 2025. Instead, Williams will serve as mayor until the November election. At that point, the winner would immediately take over, according to the charter.
