When an individual is criminally charged the presumption of innocence and due process are fundamental rights that must never be abridged.
Mayor Adams, NYC’s first mayor to be indicted, is entitled to these inalienable rights, irrespective of a negative poll and the swirl of the public frenzy pushing Gov. Hochul to remove Adams as mayor before he defends himself at his criminal trial.
The Rev. Al Sharpton and House Democratic Minority Leader Hakeem Jeffries — stating, there must be “one set of rules” for all — are correct. Adams’ removal would short-circuit his right to a fair trial to clear his name.
The question is, can Adams govern the most complex city in the world while preparing for a trial and running for mayor in 2025? His attorney believes Adams’ future for reelection depends on Adams campaigning as, “. . . an acquitted innocent man rather than a man under the weight of this case.”
In my opinion, Adams cannot successfully do this triple act simultaneously as mayor, candidate, and criminal defendant. It is not in New York City’s interests.
The alternative.
The City Charter permits Adams to take a voluntary temporary — not permanent — leave of absence, called a voluntary declaration of temporary inability, if the mayor’s ability to discharge his duties is questionable. If the mayor steps aside, the first deputy mayor becomes the acting mayor exercising full mayoral powers. Yesterday, Maria Torres-Springer was appointed as first deputy mayor, taking over for Sheena Wright, who resigned after her phone was taken and residence searched by federal authorities.
The public advocate, with a Charter leave succession, only approves or disapproves local laws or resolutions until the mayor’s leave ends.
Consequently, a temporary leave keeps Adams as mayor but eliminates the day-to-day pressures of governing NYC. He can focus on his request for a speedy criminal trial. As a reelection candidate, he has a platform to take his case to the 2025 voters. Adams receives his salary and resides in Gracie Mansion until a criminal conviction occurs which forfeits his office. If found not guilty, Adams’ leave ends. He then returns as mayor until his current term ends or is extended by winning reelection.
There is a precedent for an office holder retaining elective office after an indictment.
Former Democratic Assembly Speaker Sheldon Silver and former Republican State Senate Majority Leader Dean Skelos were separately indicted for corruption. Both immediately lost their leadership posts but retained their elected positions until their convictions.
For this voluntary exit to ideally happen, Adams needs a reality check by publicly acknowledging that NYC comes first. Adams’ self-entitled comments, “I’m not going to resign, I’m going to reign” only increase governmental chaos and does not consider NYC first.
Reports of the governor pressuring Adams to “clean house” of appointees (gone, Schools Chancellor David Banks, Senior Advisor Tim Pearson, Deputy Mayor Phil Banks, to name a few) caught up in the federal investigation is a Band-Aid approach to fix a stunning alleged municipal scandal.
Urgently, more than resignations are needed to end the chaos and weather this storm.
The time has come for the governor to urge Adams to voluntarily step aside by taking a leave of absence as NYC’s Charter permits.
If not, NYC’s reputation suffers every day, Adams remains mayor. To achieve Adams’ exit, the governor should enlist Sharpton and Jeffries, both effective leaders, to encourage Adams to take a temporary leave of absence. It is in NYC’s best interest and would resolve Sharpton’s, Jeffries’, and other supporters’ discriminatory concerns.
Ending Adams’ mayoralty, without a June primary and a general election, is regrettable. It is detrimental to the elective process and is governmentally disruptive to NYC. The governor removing Adams has legal consequences impacting on his criminal case sending a public message he must be guilty.
Furthermore, you cannot fool New Yorkers by marching at parades, attending media-covered events, and justifying scandal-related administration resignations, giving the illusion of governing. It is not.
Mr. Mayor, do NYC and yourself a service, don’t gamble that the governor will not remove you. It is a bad bet.
Now is the time to go.
My advice Mr. Mayor, take a voluntary leave as allowed under the City Charter. New York City is entitled to this. It is a dignified exit while this scandal continues to grow.
Kriss, a lawyer, is a former NYPD deputy commissioner-trials during the Koch administration and a former Brooklyn assistant district attorney.
