Mayors are not immune to impeachment. In fact, they can be impeached just like any other state or local official. The process usually happens after one exhibits intense misconduct that is unacceptable in their position.
What is Impeachment?
Impeachment is the “process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct” [Source]. It is also defined as a “charge of misconduct made against the holder of a public office.” Simply, impeachment is removing a person who holds a certain office. Usually, it involves government officials.
How Impeachment is not the same as Removal from Office
Impeachment and removal from office are two distinct actions. Impeachment is a legal process that uses legislation and other relevant laws. When it comes to impeaching government officials, the legislature has to vote [Source] or pass a vote of no confidence or sign a petition. This will trigger a legal process of removing one from office. ‘”Removal from office” can refer to anything from impeachment to forced resignation to even hostile takeover. Hence, it can be legal or illegal, but impeachment is forced to follow legal proceedings.
Can a Governor fire a Mayor?
A governor cannot dismiss a mayor, but a governor can initiate a chain of federal impeachment procedures. Evidence is needed to determine whether the mayor is guilty or innocent. Under New York laws, the governor can lay charges against the mayor and pursue other legal steps to remove the mayor [Source].
Who can Remove a Mayor from Office?
A governor has the authority to bring charges against a mayor and begin an impeachment procedure. If it succeeds, a mayor may be removed. Another process is the recalling of local offices by citizens [Source], but the reasons for a recall depend on the state’s laws and differ. Mayors can be removed from office through a recall election. It is defined as a “procedure by which, in certain polities, voters can remove an elected official from office through a referendum before that official’s term of office has ended” [Source]. Recalls only need sufficient voters to sign a petition and will be actioned.
Can a City Council remove a Mayor?
The city council cannot remove a mayor on its own accord but needs the backing up of signatures on a petition by citizens. Under certain laws, the mayor has veto power and holds administrative power. But the city council has the power to undertake the recalling process of a mayor and are seen as legislative agents to deem a mayor guilty or innocent, hence, action their removal.
How many Signatures are needed to Recall a Mayor?
The number of signatures needed to recall a mayor differs as per the state’s rules and laws. “Many charters need a certain number of signatures equal to a percentage of the city’s registered voters, or a percentage of those who voted in the most recent mayoral election.” [Source]. The city of Austin’s government site explains that a recall petition for removal of the mayor must be “signed by qualified voters of the territory from which the council member is elected.” Because the mayor is elected at large, this would include all qualified voters within the city. The number of valid signatures needed to recall the mayor is “at least 10 percent” of the city’s qualified voters. [Source].
Which Mayors have been Impeached?
Mayors who have been impeached include Dana Williamson, the former mayor of Raceland, Adam Paul mayor of Ellisville [Source], and former New York mayor Sulzer William.
