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NYC Mayor De Blasio Must be Removed From Office Now

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Article first appeared on Ammoland.com

U.S.A.-(AmmoLand.com)- New York City cannot tolerate Bill de Blasio for the duration of his term. He must be removed before the City turns into the New Badlands. See, supra, Arbalest Quarrel article, titled, “NYC: The New Badlands”.

What Is The Matter With This Mayor?

Most New York City residents desire stability and cherish the free Constitutional Republic our founders placed their life on the line to give us. These New Yorkers do not much appreciate or accept the Mayor’s policies. They reflect his Marxist principles and philosophy, antithetical to their own. And the negative impact is plain: a once safe, secure, vibrant, and economically thriving City drained of all vitality.

Can the Mayor do whatever the hell he wants and get away with it? No!

Mayor de Blasio may think his policies are a step in the right direction even as peace and public order have been shot to hell. Any normal, rational person, though, would say the Mayor has utterly failed at his job.

This brings up a pressing question: what are the Mayor’s duties, after all? New York law spells this out.

A Matter Of Law And The Rule Of Law In New York

In the reign of Bill de Blasio, Mayor of New York City, the City’s residents would do well to peruse New York law. It says much regarding the duties and responsibilities of the Mayor who is supposed to serve them, but isn’t.

NY CLS Sec Cl Cities § 54 (Duties of the Mayor) sets forth that,

“It shall be the duty of the mayor to see that the city officers and departments faithfully perform their duties; to maintain peace and good order within the city; to take care that the laws of the state and the ordinances of the common council are executed and enforced within the city. . . .”

Further, NY CLS Sec Cl Cities § 57 (Additional powers and duties) sets forth:

“The mayor shall have such other powers and perform such other duties as may be prescribed in this chapter or by other laws of the state or by ordinance of the common council, not inconsistent with law. In case of riot, conflagration or other public emergency requiring it, the mayor shall have power to call out the police and firefighters; he or she shall also have power to appoint such number of special police officers as he or she may deem necessary to preserve the public peace. Such special police officers shall be under the sole control of the regularly appointed and constituted officers of the police department. They have shall have power to make arrests only for disorderly conduct or other offenses against peace or good order. In case of riot or insurrection, he or she may take command of the whole police force, including the chief executive officer thereof.”

Do you think the Mayor is complying with NY CLS Sec Cl Cities § 54? Clearly not!

Mayor de Blasio has done nothing to end riot, conflagration, and public emergency. To the contrary, he has stoked it. He should be removed from Office. But can he be?

The short answer is, “yes;” the Mayor can be removed from Office, prior to election. The process in New York isn’t quick and it isn’t easy, but it can be done.

Unfortunately, New York doesn’t have a recall procedure, unlike other cities. Removing the Mayor from Office through the electoral process, prior to the general election, isn’t open to New York City’s citizens. And the next regular election won’t take place until November 2021. So, removing de Blasio, sooner, barring death, must be done, if at all, through the Courts.

But can the Mayor be taken to Court? He can if he is considered an “officer” under New York State law who has committed crimes under color of law.

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And, under New York law, the Mayor is an officer of the City: an ‘elected officer.’

NY CLS Sec Cl Cities § 11 (Elected officers) provides that:

“There shall be elected by the qualified electors of the city, a mayor, comptroller, treasurer, president of the common council and four assessors. There shall be elected by the qualified electors of each ward of the city an alderman and a supervisor. There shall also be elected by the qualified electors of the city and of the wards thereof such other officers as may be provided by law.”

State law sets forth the grounds for removal of city officers. The mayor comes under the purview of NY CLS Sec Cl Cities § 20 (Charges against city officers):

“An officer of the city . . . shall be removed only upon charges, such charges shall be for disability for service or neglect or dereliction of official duty or incompetency or incapacity to perform his official duties or some delinquency materially affecting his general character or fitness for the office unless otherwise specifically provided by law.”

The follow-up question is this: Has there been “disability for service or neglect or dereliction of official duty, or incompetency or incapacity to perform his official duties” sufficient to support a legal basis to remove de Blasio from Office?

As an avowed and devoted Marxist, de Blasio operates in accord with the tenets of Marxist Collectivism. His supporters might argue he’s faithfully carrying out official duties, consistent with his ideological bent, namely, to promote Marxism. And many City residents seem satisfied with that, having voted him into Office in the first place.

But there is a specific act de Blasio has undertaken that is inconsistent with his duties as Mayor, rendering the matter of his political and social philosophy and posture irrelevant.

The Mayor is a trustee of the public’s property. Under NY CLS Sec Cl Cities § 22, the Mayor, no less than any other officer of the City, whether elected or appointed, including members of the common council,

“are hereby declared trustees of the property, funds and effects of said city respectively, so far as such property, funds and effects are or may be committed to their management or control, and every taxpayer residing in said city is hereby declared to be a cestui que trust in respect to the said property, funds and effects respectively; and any co-trustee or any cestui que trust shall be entitled as against said trustees and in regard to said property, funds and effects to all the rules, remedies and privileges provided by law for any co-trustee or cestui que trust; to prosecute and maintain an action to prevent waste and injury to any property, funds and estate held in trust; and such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by the city or by any co-trustee or cestui que trust aforesaid. The remedies herein provided shall be in addition to those now provided by law.”

Bill de Blasio has made clear his intention to defund the police to the tune of one billion dollars. But those funds are police funds, part of the budget necessary to maintain public order. His intention to take money away from the police is prima facie inconsistent with the Mayor’s principal duty “to maintain peace and good order within the City.” Doing so, during a period of rising crime—indeed, a stratospheric increase in crime—amounts to an act in flagrante delicto.

The Mayor’s dislocation of valuable police resources, including disbanding anticrime units, hamstringing police operations, rewriting police policy to cohere with Marxist objectives that are wholly inconsistent with traditional and accepted police practice, destroying cohesion within the ranks of the police, and misappropriation of public funds necessary to the proper functioning police operations, demonstrate clear evidence of massive dereliction of duties and incompetency, demanding de Blasio’s immediate removal from office.

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Of course, a lawsuit against de Blasio might not, and probably would not, succeed—as Radical Left forces along with a seditious Press would be marshalled against such a lawsuit—but it would send a clear and stark message, to both de Blasio and to those who support a Radical Left insurgency, nonetheless; a message that reverberates throughout the Country: that, yes, Leftists do commit crimes, serious crimes, and they should be called out for those crimes.

What Other Action Might Be Taken To Constrain A Renegade Mayor?

Lawsuits against public officers are an expensive and time-consuming process. Can something expeditiously be done to curb de Blasio’s actions?

As a stopgap, the present Police Commissioner, Dermot F. Shea, can try, at least, to keep the Mayor’s power in check, refusing to implement policies that endanger public order and safety. But would Shea even want to?

Remember, Mayor de Blasio appointed Shea. He did so obviously because they share a similar political and social philosophy. In fact, The New York Times quoted de Blasio as saying he selected Shea “because he is a ‘proven agent’ of change.”

And we know what kind of change de Blasio has in mind for the City: Marxist Collectivism.

But even Shea realizes de Blasio is operating erratically, as the Times pointed out in that same August 3 article. “[Shea’s] criticism of Mayor Bill de Blasio’s law enforcement policies was stinging.”

Apart from publicly criticizing the Mayor, Shea seems reluctant to go any further than that; he is unlikely to take action to countermand the Mayor’s policies concerning police operations. If he were to do that, Shea would jeopardize his own position because de Blasio would likely fire him. It is the Mayor’s prerogative to do so since the Police Commissioner is appointed by the Mayor. Shea knows that.

In New York, as in many jurisdictions, the Police Commissioner, i.e., the “Commissioner of Public Safety,” isn’t elected by the people, so he isn’t directly answerable to the people. He is answerable to the Mayor who appointed him.

NY CLS Sec Cl Cities § 12 (Appointive officers) provides that,

“There shall be appointed by the mayor a corporation counsel, city engineer, commissioner of public works, commissioner of public safety, commissioner of public welfare and sealer of weights and measures.”

Perhaps New York law should be changed to enable the residents to elect their police commissioner directly, as they do their mayor. If so, the police commissioner wouldn’t be answerable to the mayor, but directly to the people who elected him. That might help.

But, in the interim, unless a party with standing—who also has the time, money, the moral fiber and strength of spirit—to file a lawsuit to remove a recalcitrant, intransigent de Blasio from Office, the public is stuck with him until the next mayoral election in November 2021.

What kind of shape do you suppose the City will be in fifteen months from now with de Blasio still in office? Can the residents of New York City afford to wait that long? The prognosis isn’t good.

Representative Lee Zeldin (R-NY) told Fox News, bluntly:

“ ‘I don’t believe New York City is going to survive the remainder of Mayor de Blasio’s term in office,’ he told Fox News. ‘Certainly there are individuals who live in New York City who will not literally survive without any type of a change in the way New York City approaches policing, law and order, safety and security.’”


 

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