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Commissioner Savino challenges the feasibility of an apolitical mayoral removal process

2:11:43

·

3 min

Commissioner Diane Savino expresses strong skepticism about Citizens Union's proposed mayoral removal process, questioning its ability to avoid partisan abuse in the current political climate and drawing parallels to contentious federal impeachments.

She raises concerns about due process when the council acts as both initiator and adjudicator.

Ben Weinberg responds that the proposed high supermajority requirements (70% and 80%), limitation to misconduct charges, final voter approval, and strict timeline are designed as safeguards against political weaponization, arguing that the existence of such systems elsewhere doesn't automatically lead to constant abuse, though Savino remains doubtful.

Diane Savino
2:11:43
Ben, I just have a question.
2:11:46
The proposal I don't know where he is, so I'll just speak to the room.
2:11:49
I'm here.
2:11:50
The proposal about, mayoral removal is built on the idea that you would it would be a completely apolitical process, which I don't see that as even possible in the environment we're in.
2:12:01
I mean, if we just look at the abuse of the impeachment process in Washington on both sides of the aisle depending on who's in charge and who the president is, how would how would we be able to prevent that type of, you know, political activity, in a removal process?
2:12:17
Where would the fairness be if the if the counsel becomes the prosecutor and the trial body and they made up their mind when they drew up the charges, what due process does an executive in this city have?
Ben Weinberg
2:12:32
Thank you, commissioner Savino.
2:12:33
That that's an excellent question.
2:12:35
The question of, partisanship and political abuse was at the heart of our considerations here.
2:12:43
We we we basically started from that concern, I should say.
2:12:47
And that is why we thought the regular impeachment process would not work in this situation because that requires two chambers.
2:12:56
One kinda checks the other.
2:12:58
A recall process also involves problematic, outside, interest that, do funnel kind of other, parties and considerations.
2:13:11
We think that the high supermajority proposal that we, put forward, which is only to bring the charges would require a council a seven 70% of the council, and then to approve the charges would require 80 of the council, plus the fact that the council, if it would try to, abuse the process and recommend removal, to a mayor that has done nothing wrong or that would not be removed by voters eventually, voters get the final say, the council itself would put itself in a in a in a political risk.
2:13:53
So we think we inserted several checks, into this process, including the super majority, including setting specific grounds for removal.
2:14:03
Not like, you know, there are some states and cities where you can recall an executive over any reason.
2:14:09
This is this would have specific reasons.
2:14:11
And finally, the fact that the final vote would be in the hands of the voters.
2:14:16
The process as we built it, the way we see it, is pretty hard to achieve and complete as we think it should be.
2:14:22
This should be a very, very rare situation that only happens in the most, extreme situations.
Diane Savino
2:14:28
I have tremendous respect for you, Ben, and for the work of your organization, but I think you're assuming that there are honor among thieves, and I used that term lightly.
2:14:37
But the idea that there would be a completely objective process where the chief executive who is in an adversarial relationship 90% of the time with his local count his or her local council body, I think is naive.
2:14:49
And then this would this would become terribly abusive in in my opinion.
2:14:52
So but I do appreciate the work and the effort that you put into it.
Ben Weinberg
2:14:56
I appreciate it.
2:14:57
I will just say one thing.
2:14:59
Other New York is an outlier in that it doesn't have these removal processes.
2:15:04
There are several cities that do have only even one chamber impeachment, and that is not abused over there.
2:15:11
And there are also many recall systems that are not only abused.
2:15:14
That is to say, I concur with the risk, but I think the fact that the system is there does not mean it will be abused at the first moment.
2:15:24
It is, it is available.
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