Yes. A governor can fire a mayor in New York, but not on the spot and not without process. Both state law and the New York City Charter give the governor authority to remove a mayor after filing formal charges and holding a hearing. The power has existed since the 19th century, and no governor has ever actually used it to complete a removal.
Where the Power Comes From
Two provisions sit behind this authority. New York Public Officers Law § 33 says the chief executive officer of every city may be removed by the governor after the 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 The chief executive of a city is its mayor, so the statute reaches mayors statewide, not just the mayor of New York City.
For New York City, Section 9 of the City Charter restates the power in nearly identical terms: the mayor may be removed by the governor upon charges and after service of a copy of those charges, with an opportunity to be heard in defense. Section 9 adds something the state statute does not: while 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 moves through three steps. The governor drafts formal charges. The mayor receives a copy. The mayor gets a meaningful chance to answer them. Only after that hearing does the governor decide whether to restore the mayor or remove them permanently.
The 30-day suspension is a separate tool the governor can use while charges are being prepared and heard.2American Legal Publishing. Section 9 – Removal of Mayor It is temporary. A suspended mayor who successfully defends against the charges returns to full authority.
Courts have a role too. A mayor facing charges can ask a court to review whether the governor followed the required procedures and whether due process was respected. Jimmy Walker tried this in 1932, seeking an injunction against Governor Franklin Roosevelt’s proceedings before resigning. Because no removal has ever been completed, there is little case law defining the exact limits.
What Counts as Grounds
Neither the Public Officers Law nor the Charter lists specific offenses that justify removal. The governor has substantial discretion to decide what qualifies, as long as the charges are substantive.
For comparison, New York Penal Law § 195.00 defines “official misconduct” as a public servant either performing an unauthorized act related to their office or deliberately 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 intent requirement means incompetence or a policy disagreement does not meet the criminal threshold.
Removal by the governor is not a criminal proceeding, though, so a governor could in theory bring charges based on conduct that stops short of a criminal conviction but still represents a serious breach of public trust. That gap is where the controversy lives whenever the power comes up.
Why It’s Never Been Used
No governor in New York’s history has completed the removal of a mayor.4TIME. 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 investigated the administration of Mayor Jimmy Walker, documented widespread graft, and submitted a removal charge to Governor Roosevelt. Rather than see the hearing through, Walker resigned and left the country.
The more recent example involved Mayor Eric Adams. After Adams was indicted on federal corruption charges in 2024, Governor Kathy Hochul publicly weighed using her removal power. She decided against it, saying she could not defy the “will of the voters,” and instead announced oversight measures she called “guardrails.” Adams said there was no legal basis for his removal. The episode showed how politically costly the power is to use, even when the legal authority is clear.
Other Ways a Mayor Can Be Removed
The governor’s authority is the most direct route, but it is not the only one for New York City. The Charter also establishes an inability committee: a five-member body made up of the corporation counsel, the comptroller, the speaker of the City Council, a deputy mayor designated by the mayor, and the borough president with the longest consecutive service.5NYC Charter. Chapter 1 – Mayor If at least four members sign a declaration that the mayor is unable to discharge the duties of office, the mayor is temporarily sidelined. The mayor can contest the declaration, which sends the question to a panel of all City Council members. This process is built for incapacity rather than misconduct, and it has never been invoked.
One route that does not exist in New York: a recall election. The state does not permit voters to recall elected officials at any level. A mayor who loses public confidence can be pressured to resign but cannot be voted out mid-term.
Who Takes Over if a Mayor Is Removed
Succession is set by the Charter. The mayor’s powers pass first to the public advocate, then to the comptroller if the public advocate is unavailable.6American Legal Publishing. Section 10 – Succession The successor serves until a special election fills the seat.
The successor’s authority depends on whether the mayor is suspended or permanently removed. During a suspension, the acting mayor cannot make appointments, cannot remove officials, and cannot sign or veto legislation for the first nine days.6American Legal Publishing. Section 10 – Succession Those limits exist to prevent sweeping changes during what might be a short interlude. A permanent removal gives the successor broader governing authority until the special election.