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Q&A
Commissioner Savino and Rachael Fauss discuss creating a city-based mayoral removal process
1:41:28
·
3 min
Commissioner Diane Savino questions Rachael Fauss (Reinvent Albany) about the proposal for a city-based mayoral removal mechanism, noting the governor's existing state-level authority. Fauss advocates for a locally controlled process, separate from the current inability provisions, suggesting it could be modeled differently but should be determined by the city. Savino raises concerns about dual standards and asks Fauss to elaborate on the specifics in future testimony.
- Discussion centers on the need for and structure of a potential charter-based mayoral removal process.
- Fauss emphasizes local control; Savino questions potential conflict with existing state law.
Diane Savino
1:41:28
Thank you.
1:41:28
So you said that you'll be back for a subsequent charter revision commission where meeting where you're gonna discuss more about ethics and and recommendations for good government?
Rachael Fauss
1:41:40
I I think that April 9 hearing Okay.
1:41:44
I know that you have the another government reform session.
Diane Savino
1:41:47
So we'll we'll get into some of the recommendations that you had in greater detail then, but I wanna focus on one that you mentioned and that you think that we should take up an issue of of removal of the mayor.
1:41:58
Not that I support that idea, but that we should do it.
1:42:00
But right now, under state law, does grant the governor the right to remove an executive, whether it be municipal one, county, or any any duly elected executive pursuant to the service of charges and the ability to hear and be heard either in the area where whoever the governor is.
1:42:18
We determine it could be in state supreme court.
1:42:20
It could be in
Dr. Lisette Nieves
1:42:20
the legislature.
1:42:21
It could be in our office.
1:42:22
What do
Diane Savino
1:42:22
you think needs to change about that?
Rachael Fauss
1:42:24
We think it should be a locally controlled process.
1:42:27
I think, ideally, you would have something that would be different than the inability provision, which doesn't really foresee some of the circumstances we've seen.
1:42:36
So I think it would be better for the city to propose and create a process for itself.
1:42:42
We don't have a formal process that we recommend at this time.
1:42:46
We just think it would be a much better process to have the city determine how to
Diane Savino
1:42:50
do that itself.
1:42:51
So so as you're familiar, the charter talks about it tries the state law in there and then subsequently talks about the inability committee, which is really related to the inability of a mayor to serve because of physical, mental, or they they they're not here.
1:43:06
Suggesting we had
Rachael Fauss
1:43:07
a different category to that?
1:43:09
Well, I think, you know, at the state level, there's an impeachment process.
1:43:12
At the federal level, there's an impeachment process.
1:43:14
There's been there are a lot of legal scholars on this topic.
1:43:18
I think that it could be an interesting topic to have some some people come in and and figure out how New York City focused process could be.
Diane Savino
1:43:26
But but then wouldn't wouldn't that executive, whoever it happens to be, this one, future one, wouldn't they be subject to two different sets of standards, one by the state?
1:43:35
Because we we would have to change the state law as well.
1:43:37
I would imagine if we're gonna create a different standard for removal in the city that was not related to physical inability and or, to say physical inabilities, whether or not the mayor is disabled, he can no longer serve.
1:43:51
Because that's what the charter talks about.
1:43:52
So if you're suggesting a different standard to be of due process for
Rachael Fauss
1:43:57
Not a a different standard.
1:43:59
I mean, I think the thirty day process in state law sets up the defense mechanism for for the mayor, for example.
1:44:05
I I think that that could potentially be buried at the city level.
1:44:09
I just think it would be worthwhile for city voters to have a a view into that process rather than have it be something controlled with the state.
1:44:18
One would argue that city voters already do
Louisa Chafee
1:44:20
it if you went to
Diane Savino
1:44:20
this process.
1:44:21
It's called election day.
1:44:22
You don't like what you have.
1:44:23
You get rid of them, then you get somebody else.
1:44:25
But, I mean, I'm I'd be really interested between now and the next hearing on good gospel for you to flesh out that.
1:44:30
Absolutely.
1:44:30
Thank you.
Richard R. Buery Jr.
1:44:31
Thank you.
1:44:32
Commissioner Yemis?