Yes, a governor can fire a mayor in New York, but not with a phone call or a press release. Both New York’s Public Officers Law and the New York City Charter give the governor authority to remove a mayor from office, provided the mayor first receives written charges and a chance to defend against them. No governor has ever completed that process.
The Statutes That Grant the Power
Two provisions establish the authority. New York Public Officers Law § 33 says the chief executive officer of every city may be removed by the governor after that officer receives a copy of the charges and an opportunity to be heard in defense.1New York State Senate. New York Public Officers Law 33 – Removals by Governor Because the chief executive officer of a city is the mayor, the statute reaches every mayor in the state, not only the mayor of New York City.
Section 9 of the New York City Charter restates the same power for the city specifically: “The mayor may be removed from office by the governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense.” The charter adds a companion tool. While the charges are pending, the governor may suspend the mayor for up to 30 days.2American Legal Publishing. Section 9 – Removal of Mayor
How the Process Works
Removal has three steps. The governor drafts formal charges. The mayor is served with a copy. The mayor then gets a meaningful opportunity to answer them. Only after that hearing concludes can the governor decide to restore the mayor or remove them for good.
The 30-day suspension is a separate lever the governor can pull while the case is being built. It is temporary. If the mayor mounts a successful defense, the governor can put them back in full authority. If the mayor cannot, permanent removal follows.
What Counts as Grounds
Neither the Public Officers Law nor the City Charter lists specific offenses. The governor has considerable discretion in deciding what conduct rises to the level of removal charges, so long as the charges are substantive.
New York’s Penal Law offers one reference point. Under Penal Law § 195.00, a public servant commits official misconduct by either performing an unauthorized act tied to their office or refusing to perform a required duty, with intent to benefit themselves or deprive someone else of a benefit.3New York State Unified Court System. Official Misconduct Penal Law 195.00 That is a criminal standard, and removal is not a criminal proceeding. A governor could bring charges based on conduct short of a conviction, provided it reflects a serious breach of public trust. Corruption, criminal activity, and a serious failure to carry out the duties of office are the kinds of conduct most likely to trigger the process.
Who Takes Over
If a New York City mayor is removed, the City Charter sets the line of succession. The powers and duties pass first to the public advocate, and to the comptroller if the public advocate is unavailable.4American Legal Publishing. Section 10 – Succession The successor holds the office until a special election chooses a new mayor.
How much power the successor has depends on whether the vacancy is temporary or permanent. During a suspension, the acting mayor cannot make appointments, cannot remove officials, and cannot sign or veto legislation for the first nine days.4American Legal Publishing. Section 10 – Succession Those restrictions keep an acting mayor from making sweeping changes during what may be a brief absence. A permanent removal gives the successor broader authority until the special election is held.
What Courts Can Do
A mayor facing removal is not limited to the hearing. Courts can review whether the governor followed the required procedures, whether the charges have substance, and whether due process was respected. Mayor Jimmy Walker attempted exactly that in 1932, seeking an injunction against Governor Franklin Roosevelt’s proceedings before ultimately resigning.
Because no removal has ever been completed, there is little case law drawing sharp lines around what a court would accept. The general principle is that judges look at fairness of process and seriousness of charges, not at whether they agree with the governor’s political judgment.
What New York Does Not Allow
New York does not permit recall elections at any level of government. Voters cannot force a mayor out at the ballot box between elections, no matter how much public confidence has eroded. Public pressure can push a mayor to resign, but there is no signature-and-vote mechanism to remove one.
The City Charter does contain a separate “inability” process, run by a five-member committee that can declare the mayor unable to discharge the duties of office.5NYC Charter. Chapter 1 – Mayor That mechanism is aimed at incapacity rather than misconduct, involves the governor not at all, and has never been used.
Why It Has Never Actually Happened
The removal power has existed since the 19th century, and no New York governor has ever finished using it.6TIME. How the Mayor of New York Could Be Removed From Office and What Would Happen Next The closest case came in 1932. Judge Samuel Seabury, running a reform investigation, uncovered widespread graft in Jimmy Walker’s administration and submitted a removal charge to Governor Roosevelt. Rather than face the hearing, Walker resigned and left the country.
The more recent test came in 2024, after Mayor Eric Adams was indicted on federal corruption charges. Governor Kathy Hochul publicly weighed removal and decided against it, saying she would not defy the “will of the voters.” She announced a set of oversight measures she described as “guardrails” on the Adams administration. Adams said there was no legal basis for removing him. The episode showed how politically fraught the power is, even when the legal authority is not in doubt.