What law gives the governor of New York the power the remove the mayor of the City of New York?
Answer
Public Officers Law § 33 grants the governor power to remove public officers from office. The New York City Charter § 9 also grants this power to the governor. The governor's power to remove a public officer is derived from the New York State Constitution, Article 13, Section 5.
There is little legal authority or discussion on this. In 1900, New York Governor Theodore Roosevelt used this power to remove the elected district attorney of New York County, Asa Bird Gardiner, on charges of "interfering with deputies of the Attorney General in presentation of election cases to the Grand Jury and the prosecution thereof." In 1932, Governor Franklin D. Roosevelt held hearings to remove Mayor Walker. People ex rel Walker v Roosevelt, 144 Misc 525 (Sup Crt, Albany County 1932) provides some background to this famous Tammany Hall case. The case cites to the 1896 Constitution and the 1901 NYC City Charter.