Gov. Hochul has the constitutional authority to remove a mayor from office

ALBANY — A growing number of Democratic leaders want Gov. Kathy Hochul to use a constitutional power for the first time in state history to remove a mayor from office: embattled New York City Mayor Eric Adams.

Although she’s made no decision yet, on Tuesday she convened a closed-door meeting with "key leaders" in the city about the controversy surrounding Adams. Hochul announced her meeting after four deputy mayors said they will resign over the issue.

The mayor, a Democratic ally of Hochul, has been accused by the U.S. Department of Justice of using his "prominent positions in New York City government" to obtain illegal campaign contributions and luxury travel from Turkish business owners and others.

Adams has denied the accusations and remains in office.

The state constitution says a governor may remove elected officials for "misconduct or malversation in office." The New York City Charter also allows a governor to suspend a mayor for up to 30 days.

Hochul "clearly has the authority and I think it would be hard to debate that what Mayor Adams has been accused of doing didn’t amount to ‘misconduct or malversation,’ " said Vincent Bonventre, a distinguished professor of law at Albany Law School, in an interview.

The justice department in September, during the term of former Democratic President Joe Biden, had accused Adams of bribery and campaign finance violations that require the identification of true donors. Adams also is accused of using "straw" donors to conceal the identity of Turkish officials who funded his luxury travel.

Under Republican President Donald Trump, however, the justice department is seeking to end that investigation, although a federal judge in Manhattan must go along with it. As a result, Adams is being accused of reshaping city and state policies and laws to match Trump’s hard-line policies on immigration and enforcement against people believed to be undocumented immigrants.

Several top Democratic leaders have called on Adams to resign. They include Hochul’s lieutenant governor, Antonio Delgado, who tweeted that Adams appears "beholden to the president," City Council Speaker Adrienne Adams and State Senate Majority Leader Andrea-Stewart Cousins (D-Yonkers).

Hochul said she understands the gravity of her decision goes beyond Adams’ future.

"I recognize the immense responsibility I hold as governor and the constitutional powers granted to this office," Hochul said in a written statement Monday night. "In the 235 years of New York State history, these powers have never been utilized to remove a duly-elected mayor; overturning the will of the voters is a serious step that should not be taken lightly."

But she said the accusations against Adams "are troubling and cannot be ignored."

State Unified Court System records show the power of a governor to remove an elected official was used in 1900 by Gov. Theodore Roosevelt. That wasn’t, however, to remove a mayor, but was directed at the Manhattan district attorney.

In 1932, Gov. Franklin D. Roosevelt ordered hearings to determine if New York City Mayor Jimmy Walker should remain in office. Walker, who was part of the corrupt Tammany Hall political power at the time, resigned that year after he was accused of taking money to award city contracts.

The New York City Charter also allows a governor to suspend a mayor for up to 30 days.

"It's clear that Mayor Adams must resign and finally put the interests of the city and the public ahead of his own," said Susan Lerner, executive director of the Common Cause/NY good-government group.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.