NYC Mayor De Blasio Must be Removed From Office Now

New York City: The New Badlands - PART ONE
New York City: The New Badlands

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.

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.

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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Rock
Rock
1 month ago

NO ONE is going to do SHIT, unless Trump is re elected, this time with the CLAWS OUT !!!!!!!!!!!!!!!!!!!!!
The next four years can be spent CLEARING THE TRASH from the House/Senate, states, cities, districts…..EVERYWHERE !
Trump 2020 !

ralph
ralph
1 month ago

No, Mayor Warren Wilhelm (real name) should be allowed to remain in office as an ever-gleaming monument to socialism/totalitarianism. No need then to point to failed Cuba or Venezuela (or California) to display the disasters inherent in today’s Democrat Party.

MarkE
MarkE
1 month ago

There isn’t any doubt that de Blasio is truly a Marxist – he has long since leapfrogged over the tenets of socialism. Anyone who doubts this need only review de Blasio’s endless rants about mandatory and massive “redistribution”. And, under his tutelage, his obsession about “income inequality” will indeed be addressed in NYC. The problem is that, given the number of upper- and middle-income people who, with foresight and common sense, are leaving the city, everyone remaining will be poor. While this will, indeed, narrow the income inequality, it will come about simply by insuring everyone is poor. Problem solved…I… Read more »

Coelacanth
Coelacanth
1 month ago

Clearly, dereliction of duty is the least of the charges that should be leveled. This guy is an avowed Marxist and a domestic enemy if there ever was one. Period.

Neanderthal75
Neanderthal75
1 month ago

Mr. Katz, I appreciate all the effort you went through to write this article, but the underlying premise of your article is completely dashed upon the Shoals of reality in one key aspect: The majority of New York voters voted the Communist mayor into office not once, but two times! The citizens of New York are getting precisely what they deserve, they voted for the man and he was upfront with his policies from the word go! The majority of Voters in New York are getting precisely what they deserve; they must now live with their choices. Cheers from the… Read more »

RK-ARBALEST QUARREL
RK-ARBALEST QUARREL
1 month ago
Reply to  Neanderthal75

Neanderthal175, the fact that New Yorkers voted de Blasio into office isn’t lost on AQ. The question is, “how bad do matters have to get before the public does something about it?” And we suggest filing a lawsuit against de Blasio to send a much-needed message that Radical Leftists are not beyond the power of law. Unfortunately, the masochist quotient of New York City residents must be extraordinarily high given they continue to allow this clown to remain in office. Many New York City residents have found an answer. They have simply left the City. Many more residents will undoubtedly… Read more »

hoss
hoss
1 month ago

May the Lord grant us victory over our enemies!
Death to the Godless Commie Rat bastards!
We’ve been fighting the communist since the fifties, and now because they have infiltrated our schools, and our colleges, we are reaping the reward for our laziness.
There is only one thing they understand, and that is force, and power.

uncle dudley
uncle dudley
1 month ago

New Yorkers should send de Blasio, Cuomo, and AOC to Cuba since they like that style of governing.

alpha
alpha
1 month ago

The fear of losing White privilege and power!

alpha
alpha
1 month ago

You can’t stop the browning of America. That’s the real issue here. Your anxiety, fear…lol!!!!

Heed the Call-up
Heed the Call-up
1 month ago
Reply to  alpha

If you mean the charred buildings, cars, etc., after these Leftists have destroyed everything in their path, then, yes, that is correct. If you are making a racist comment, which it appears you are, that is deplorable, and sadly, typical of Leftists who project their hatred onto others. We here believe in peace and living peaceably with all other, regardless of all the labels that you use to try to divide us. If you look upon others as just another person, labels are irrelevant, unless you are a Leftist full of bigotry and hate.

MICHAEL J
MICHAEL J
1 month ago

Who’s going to challenge this tyrant when everything government is on his side? Lawlessness is becoming part of the landscape and it’s no longer outside the legal system, it’s entrenched by those who are supposed to uphold it. By the time people wake up, a one sided government that goes unchallenged becomes the very cause of the rioting. It is clear that cities like New York are incompetently run by idiots who used to worry about sodas with sugar, plastic bags and drinking straws.
When faced with real issues, they blame everyone and everything on someone else.

Rebel VA
Rebel VA
1 month ago
Reply to  MICHAEL J

A sniper!

Wass
Wass
1 month ago

New Yorkers elected DeBlasio and re-elected DeBlasio. They did it to themselves. And they will continue to do stupid as stupid does, because the vast majority either vote straight party line,ie. Democrat, or they are too ambivalent to vote at all. Either way, they get what they deserve. This will be the picture for the whole US, in several years, unless Trump is re-elected along with a Republican Congress.

john
john
1 month ago

The Democrats have been working towards controlling sanctuary cities they coined that phrase. Democrats have also been placing lawyers judges mayors governors in those large cities as the have the largest democratic membership who vote. Mail in ballots will assure a fight for the 2020 election after 20 days leaving Nancy Pelosi as president till the election is decided. The news media is protecting democrats as far as mayors go they are almost impossible to remove in small and large cities and towns. The democrats new this and now use them to control the police right down to the small… Read more »

uncle dudley
uncle dudley
1 month ago

The governor could declare Marshal Law and take over control of New York City but the current governor isn’t much better than the mayor.

Heed the Call-up
Heed the Call-up
1 month ago
Reply to  uncle dudley

but the current governor isn’t much better than the mayor.

Cuomo is worse than the mayor, he is the head villain, the mayor is just a hand puppet, with Cuomo’s hand all the way up it, that is why the mayor smiles so much.

mottlee
mottlee
1 month ago

I think the people of NY LIKE this, Why else would they keep voting for Dumba$$’s

musicman44mag
musicman44mag
1 month ago
Reply to  mottlee

wish I could vote twice.

Bob
Bob
1 month ago

Why don’t federal marshals come in and simply arrest him and charge him with appropriate crimes? Whether ultimately convicted is irrelevant. The idea is to take him out of action for the next 15 months. And while at it, they need to arrest Gov Cuomo for his threats to the President.

Last edited 1 month ago by Bob
WI Patriot
WI Patriot
1 month ago

““He can’t have enough bodyguards to walk through New York City,” Cuomo told reporters during a conference call on Wednesday evening. “Forget bodyguards. He better have an army if he thinks he’s going to walk down the streets in New York.”

Considering that he issued a direct threat to the POTUS, he needs to be charged as well…

Rebel VA
Rebel VA
1 month ago
Reply to  WI Patriot

Agreed! And, POTUS does have an Army!!

RoyD
RoyD
1 month ago

I am going to say one thing: Where there is the will, there is a way.