A LACKLUSTER NYC MAYOR AND NYPD’S BRASS THAT WON’T SHINE
NYC MAYOR DE BLASIO’S RECIPE FOR DISASTER
Crime is rampant in New York City today. A rational person would expect the Mayor of the City, Bill de Blasio, to work diligently with the Commissioner of Public Safety to develop and implement a comprehensive, concrete plan to deal expeditiously and effectively with this public disorder. Instead, the Mayor remonstrates against the police and essentially orders the police to stand down. This suggests either that the Mayor doesn’t comprehend the severity of the problem affecting the City and is incompetent or he is intentionally inviting anarchy to reign in the City, and the man is insane.
In a City as large as NYC the Mayor’s failure to take charge and deal with the mounting violence and chaos amounts, at the very least, to a serious dereliction of duty. Perhaps the Mayor thinks violence and chaos will sort itself out by itself. It won’t; it never does. A person must be dull-witted to think otherwise. Something must be done. Consider——
New York City, with a population of over 8.7 million people, is the largest City in the Country, and among the largest in the world.
Moreover, NYC has the highest density of any major U.S. City, with over 27,000 people per square mile. https://www1.nyc.gov/site/planning/planning-level/nyc-population/population-facts.page.
But does population density itself have an impact on crime? If so, does population density tend to increase the crime rate, or reduce it?
In 2011, the Radical Left publication “The Atlantic,” writing about population density and crime rates,
“To offer a policy observation, higher density helps reduce street crime in an urban environment in two ways. One is that in a higher density city, any given street is less likely to be empty of passersby at any given time. The other is that if a given patch of land has more citizens, that means it can also support a larger base of police officers. And for policing efficacy both the ratio of cops to citizens and of cops to land matters. Therefore, all else being equal a denser city will be a better policed city.”
The Atlantic’s first observation, that higher population density reduces street crime in an urban environment, is false.
Professor Keith Harries, Department of Geography and Environmental Systems at the University of Maryland, posted, in an academic publication—“International Journal of Criminal Justice”—his study that deals with the issue of population density and crime rates and refutes the Atlantic’s conclusion. The Professor’s article serves as a well-reasoned, scientifically supported counterpoint to the Atlantic’s assertion.
In the opening abstract to the study, published in July 2006, Harries states that——
“The role of population density in the generation or suppression of crime has been the subject of debate for decades. The classic argument is that high density offers opportunities for property crimes, given that it is a surrogate for the distribution of private property, much of which offers attractive targets to thieves. On the other hand, densely populated areas offer natural surveillance that has the effect of inhibiting violent crimes in so far as witnesses are more abundant and events are more likely to be reported to police. In this analysis, property and violent crimes were selected from a database of over 100,000 crimes reported in Baltimore County, Maryland, U.S.A., in the year 2000. Densities of population and of property and violent crimes were calculated for city blocks. Blocks with population densities above the mean of all blocks were then retained for further consideration.” Professor Harries concludes——
Analysis demonstrated that both property and violent crimes were moderately correlated with population density, and these crimes largely affected the same blocks. It was concluded that at the block level of geography, no evidence of a differential between property and violent crimes based on population density could be detected.”
So, contrary to The Atlantic’s naked, unsupported remarks, the size of population and density do correlate with both property crime and violent crime; and they do so directly, not inversely, which means that, as population density increases in a given “block level of geography,” both property crime and violent crime increase as well.
The Atlantic’s second observation is that, as the size of a community grows, a community’s police force also grows and, concomitant with a larger police force, “all else being equal a denser city will be a better policed city.”
That observation, true once, perhaps, in all jurisdictions, is true no longer—not today—and certainly not in the jurisdictions comprising the Radical Left’s bizarro world.
DESTRUCTION OF A FREE CONSTITUTIONAL REPUBLIC IS THE END GOAL OF THE RADICAL LEFT
Radical Left mayors, taking their cue from domestic terrorist organizations like Black Lives Matter and Antifa, have defunded their police or are seriously considering doing so. They have substantially reduced the number of police—despite or, perhaps, in arrogant defiance of the continuous, rampant violence afflicting their cities, and notwithstanding the absence of a corresponding decrease in population size—or have seriously considered doing so.
These Mayors have also hamstrung those police remaining in their community—those who have not been summarily let go or who have otherwise voluntarily, and certainly understandably, resigned or who have taken early retirement—and in droves.
After all why should police officers, honorable citizens, subject to the same feelings and emotions of any other law-abiding American citizen, wish to remain in service to a community when a city’s leadership prevents those officers from effectively performing their duties to preserve and protect the residents of their community and to maintain public order, civility, and decorum; when a city’s leadership refuses to prosecute crime; when a city’s leadership establishes policies that do nothing to constrain or curtail crime, and actually endanger the lives and well-being of police officers; and when a city’s leadership castigates and demoralizes the police, by continually railing and remonstrating against them, and, at once, extolling as virtuous the very rabble that seeks to tear down a community—a community that is the home of the police officers themselves.
In fact, some Radical Left mayors have even considered eliminating police departments from their communities. The result is, as any reasonable person would expect, utter chaos, wanton destruction of public and private property, contempt for both the police and the criminal justice system; and willful and horrific violence directed against both police and innocent people.
Portland, Seattle, Minneapolis, Chicago represent, for the political and social scientist, pertinent case studies of what happens when a City is rudderless and law and order break down; when politicians and the Press, too, deny the fact of and the scale of the horror that besets a nation; when public leaders act like irresponsible children, falling in line with a seemingly popular but misguided clique of sanctimonious, pretentious do-gooders who have nothing beneficial to offer the American people except venom, vitriol, and spite.
The police are not society’s enemies. America’s police departments are the guardians of society. The Radical Left knows this. Anarchy reigns if the police are not permitted to function. They know this too. That is why they attack the very concept of the ‘community police department.’ They know that, once the police go, society goes with it—down the drain. That is what they want: The United States, a free Constitutional Republic eradicated; erased; the vision of the founders forgotten. That is the aim of the Neoliberal Globalists and of the Radical Left of all stripes: A Counter-Revolution to reconstitute America into a thing utterly alien: a hideous, despondent, depleted mutant creature.
New York City—as with Portland, Seattle, Chicago, and Minneapolis—is metastasizing into just such an abhorrent creature; and, if uncontained and unconstrained, it can bring down the rest of the Country with it.
The burning question: With a huge and heterogenous population, the City requires an equally massive police force—one capable of quelling riots, suppressing crime, and maintaining peace and public order. But is New York up to the task? It is possible, but not with a Marxist Nihilist City Mayor like Bill de Blasio at the helm.
MAYOR BILL DE BLASIO STANDS IN THE WAY OF A SAFER NEW YORK
AN AMERICAN CITY REQUIRES BOTH A COMMUNITY POLICE FORCE TO MAINTAIN THE PEACE AND TO PROMOTE PUBLIC ORDER, AND A WELL ARMED CITIZENRY TO PROTECT PERSONAL LIFE AND PROPERTY AND TO GUARD AGAINST TYRANNY. UNDER DE BLASIO NYC HAS NEITHER ONE
America’s cities, as components of the Nation—a free Constitutional Republic—require both a community police force to maintain peace and to promote public order, and a well-armed citizenry to protect personal life and property and to guard against tyranny. Each component lends to peace, prosperity, and liberty. They each work in tandem, for the benefit of all Americans.
Through time, how well has New York City faired in the matter of maintaining a capable, efficient, effective police force and in recognizing the right of the people to keep and bear arms? Let us see.
IS THE NYPD UP TO THE TASK TO PERFORM ITS DUTIES IN A MAMMOTH, HIGHLY CONCENTRATED AND DIVERSE POPULATION?
On its website, this is what the NYPD tells us—
“The New York City Police Department (NYPD) is the largest and one of the oldest municipal police departments in the United States. . . . The NYPD was established in 1845, and today, is responsible for policing an 8.5-million-person city, by performing a wide variety of public safety, law enforcement, traffic management, counterterror, and emergency response roles.”
The NYPD adds this comment on its website: “In the past 25 years, the department has achieved spectacular declines in both violent and property crime, ensuring that New York City has the lowest overall rate of major crimes in the 25 largest cities in the country.” Does this statement ring true? Well, it was once true.
Under former City Mayors, Rudolf Giuliani and Michael Bloomberg, crime was in fact brought under control. And it in fact took 25 years to do so—to repair the carnage wrought to the City under the stewardship of David Dinkins, a Democrat, who served as Mayor for one term: from January 1, 1990 through December 31, 1993.
The public had had enough of Dinkins. He was defeated by a Republican, Giuliani, in 1994.
We compliment Giuliani and Bloomberg on what they did right, improving the City’s economy and taking a hard stance on crime. But their consistent attack on the fundamental, natural right of armed self-defense is indefensible.
A WELL-EQUIPPED, WELL ORGANIZED, WELL-FUNDED, COMMUNITY POLICE DEPARTMENT IS NECESSARY TO FIGHT CRIME, TO MAINTAIN ORDER, AND TO KEEP THE PEACE IN INDIVIDUAL COMMUNITIES; BUT A POLICE DEPARTMENT DOES NOT STAND AS, AND CANNOT STAND AS, A SUBSTITUTE FOR THE ARMED CITIZENRY, AS ONLY AN ARMED CITIZENRY CAN ADEQUATELY PROVIDE FOR, AND HAS THE SOLE RESPONSIBILITY TO PROVIDE FOR ITS OWN DEFENSE AND TO SERVE AS THE BEST DETERRENT OF AND THE FINAL FAIL-SAFE TO THWART THE ONSET OF TYRANNY; THEREFORE IT IS WELL SAID AND HAS BEEN ETCHED IN STONE THAT “A WELL-REGULATED MILITIA BEING NECESSARY FOR THE SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.”
The maintenance of public safety and order, to preserve and protect a community, is, and always has been, the frontline duty of a community’s police force. That is why the modern police department exists and has existed in our cities since at least the first third of the 20th Century, although the institution of policing existed much earlier, going back to the colonial days.
But the duty to preserve and protect one’s own life and that of one’s family is personal, and the duty to ensure the security of and continuity of a free state and the immutable, illimitable sovereignty of the American people over Government remains forever in the hands of the people themselves; never in a standing army; nor in a federal or state or local police force; nor in the Nation’s massive intelligence apparatus, nor even in the Nation’s system of laws, which are, as has been disturbingly, depressingly shown, especially in the matter of the right of the people to keep and bear arms, susceptible to flagrant abuse; nor, as it has come to pass, in a Press that has misused its freedom, selling out our Country and our Nation’s people. And, of late, the Press has done so with wild abandon: officiously, audaciously: sermonizing endlessly, and sanctimoniously, and condescendingly to the American citizenry, as if the citizenry were merely an ignorant flock of sheep that must be constantly herded lest it go astray.
Only through force of arms does the raw and awesome power of the American citizenry ring true. Only through force of arms can the American citizenry maintain the security and continuity of a free State as against those—be they inside or outside the Nation—who would dare usurp ultimate authority from the citizenry in whom that authority and sovereignty rightfully belong. Only through the force of arms can those who would dare hobble the American spirit be effectively constrained and contained and learn well that Americans are not to be toyed with.
Apparently, neither New York City mayors nor New York State governors have gotten the message. Or, if they have, they have failed to heed it, and must be reminded of it.
And it isn’t the duty of the police to provide for one’s personal safety; nor is it the duty of the police to guarantee the security of a free State, and never was. That duty rests solely, as it always has, as it always must, and as it was always meant to rest, in the people themselves.
Yet, the City’s mayors have invariably, and grievously, and notoriously mistaken the duties, and functions, and responsibilities of the one with the duties, and functions, and responsibilities of the other; ultimately conflating the two; inferring, whether erroneously or disingenuously, that the police are fully capable of and should alone be tasked with the duties, functions, and responsibilities that the founders, in their wisdom recognized, and mandated must rest, as the Divine Creator intended, in full accord with the natural order of things, solely on the individual.
The founders codified that natural law in the U.S. Constitution. More than two centuries have past since ratification of the U.S. Constitution. The Nation has adhered to natural law. Natural law is the foundational strength upon which the Constitution, the blueprint of our Nation, rests: the Nation’s Bill of Rights. And through no accident, our Country has become the happiest, most productive, most prosperous, most powerful, and most beneficent Nation on Earth.
Now, though, we see cracks, deep fissures forming in our beautiful, wondrous blueprint. Why is that? How did that come about? There are sinister, ruthless, and jealous forces at work who are hell-bent on destroying the foundational principles of our Nation. Although these forces have actually been at work to tear down our Nation since the moment it came to fruition, in 1788, with the ratification of the U.S. Constitution. But only recently has the full nature of and fury of these malevolent, malignant forces come to light.
Americans are seeing unnatural, loathsome elements taking control of many major urban centers. And the Democrat Party—or, rather, what the Democrat Party, controlled by their own Globalist puppet-masters, has devolved into—is using these abhorrent hordes in a bid to take complete control over the reins of Government. These rabid, mindless hordes are operating with near complete abandon in several major urban centers. If the Democrats take control of Government in November, this rancid mob of malcontents will be unleashed, infecting all Cities, townships, and villages. Armageddon will ensue across the Nation.
THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS WAS CODIFIED IN THE SECOND AMENDMENT TO PREVENT THE NATION’S ANNIHILATION: THE VERY THREAT PRESENTED TODAY
Most States recognize the transcendent soundness of the Nation’s Bill of Rights and have adopted its language in their own State Constitutions, mirroring the Nation’s Constitution, including, most importantly, the language of the Second Amendment. But seven States have demurred, thinking they know better. One of those seven States is New York.
THE SECOND AMENDMENT PRESERVES THE COUNTRY’S STABILITY; ITS LACK WILL END IT
The language of the Second Amendment appears nowhere in the State’s Constitution. Rather, the Second Amendment language, taken verbatim from the U.S. Constitution, but for the substitution of the word ‘shall’ for ‘cannot’—“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed,”—appears in the Consolidated laws of New York, Article 2 (Bill of Rights) of the Civil Rights Law, along with certain other “Rights” but notably, not in THE Bill of Rights, Article 1 of the State Constitution itself.
This means New York considers the right of the people to keep and bear arms to be statutory, not fundamental, and, hence, debased to the status of a privilege, not a true right, subject, then, to constant modification and tinkering, which of course it has been.
The 2008 U.S. Supreme Court Heller case made clear what sensible Americans always knew; that the right of the people to keep and bear arms is an individual right, not tied to one’s service in a militia, and the subsequent 2010 U.S. Supreme Court McDonald case held that the right of the people to keep and bear arms applies to the States as well as to the Federal Government. No matter: New York, and several other jurisdictions routinely and contemptuously ignore those clear, adamant U.S. Supreme Court holdings. And New York’s residents pay the price for the New York judiciary’s insolence and contentiousness. Rampant destruction, understandable fear among the polity, and needless, senseless loss of life follow where armed self-defense ceases to exist.
NEW YORK CITY, A MAJOR URBAN CENTER, PROVIDES AN OBJECT LESSON IN THE TRAPS AND SNARES OF WRONGHEADED, PIGHEADED MAYORAL LEADERSHIP, COMMENCING WITH THE LUDICROUS IDEA THAT AN ARMED CITIZENRY ENDANGERS THE SAFETY AND SECURITY OF THE CITY, RATHER THAN ENHANCING THE CITY’S SAFETY AND SECURITY
The NYPD doesn’t comprise legions of personal bodyguards to serve millions of New York City residents. It has neither the resources nor, under the doctrine of sovereign immunity, the legal responsibility to do so. And, pretending that the NYPD can fulfill that function—a function, duty, and responsibility of the average citizen residing in New York—has had disastrous consequences for the City.
Truth to tell, the constant danger posed to average, innocent citizens residing in New York requires both a massive police presence to provide public order and safety and an armed citizenry to promote armed vigilance and safeguard one’s personal life and well-being. It isn’t an either/or consideration. See Arbalest Quarrel article, posted on November 21, 2019, titled, “Can We, As Individuals, Rely On The Police To Protect Us?”
THE IMPLOSION OF NEW YORK CITY OCCURRED ONCE, TWENTY-FIVE YEARS AGO, UNDER DAVID DINKINS; UNDER DE BLASIO IT IS HAPPENING AGAIN, ONLY WORSE!
The Former New York City Commissioner of Public Safety (Police Commissioner), Bernard Kerik, recently and accurately pointed out, in newsmax, that,
“Twenty-five years ago, New York City was about to implode.
Violent crime and murder rates were the worst in the United States, tourism was declining, real estate values were plummeting, and economic development was in regression.
There were close to 1.6 million people on welfare, and neighborhoods of color looked like the remnants of war-torn Beirut.
City streets and highways were cluttered with stolen and abandoned cars.
As Rudolph W. Giuliani focused on his second attempt to become New York’s mayor, most New Yorkers believed that New York City was just too filthy, corrupt, and violent to manage.
Giuliani possessed a different view: He was adamant that no one wants to live, work, visit, or go to school in a place where they’re not safe.
For every percentage point he reduced violent crime, we witnessed increases in economic development, rising real estate values; and all-time highs in tourism. As he walked out of City Hall on his last day, there was close to 800,000 less people on welfare.
New York City had become the safest large city in America.
Over the next 12 years, Mayor Michael Bloomberg and Police Commissioner Raymond Kelly carried on Giuliani’s anti-crime strategies, both achieving continued reductions in violent crime and murder.
Mayor Bloomberg used that success to trumpet New York City as America’s economic and business capital of the world, which opened the floodgates for thousands of new companies and jobs.
By 2014, New York City was one of the cleanest, safest, and fastest growing cities globally.
Then came Mayor Bill de Blasio.”
What happened next?
Bill de Blasio single-handedly undid all the positive work of Giuliani and Bloomberg in rebuilding the City and making the City a safe place to live and to work. This hasn’t gone unnoticed; not least of all by police officers themselves. Retired NYPD sergeant, Joseph Giacalone, points out:
“There have been more shootings so far this year in New York City than in all of 2019. . . . ‘“It only gets worse from here,” warned Joseph Giacalone, a retired NYPD sergeant and an adjunct professor at John Jay College of Criminal Justice.’”
The NYPD would do well to update its website to reflect the stratospheric rise in crime under the stewardship of Mayor Bill de Blasio. The Mayor, taking his cue from the domestic terrorist organization, Black Lives Matter, has completely hobbled the police, but, at one and the same time continues to resist recognition of the citizen’s right of “armed self-defense.”
The right of the people to keep and bear arms continues to be a persistent bugaboo of all New York mayors. It is all the worse, today, in the topsy-turvy City of New York where a Marxist Mayor treats gang bangers, common criminals, dangerous lunatics, and Marxist rioters with kid gloves while at one and the same time castigates the police and spurns the public safety needs of ordinary citizens. The result——
Bill de Blasio has single-handedly turned a once safe and thriving City into utter chaos, giving the green light to criminals and rioters and endangering the lives of average, law-abiding people.
Quite an accomplishment! And de Blasio seems pleased with himself. His continuous obsequious behavior toward and grotesque relationship with Black Lives Matter demonstrates the toxic brew this creates, and the danger that such a coupling of Radical Left political leaders and domestic terrorist organizations poses to the stability of our Nation.
The New York Post recently reported de Blasio as saying,
“It was exactly the right thing to do to paint that mural and we’re going to keep sending that message constantly that Black Lives Matter in New York City, . . .”
Marxist organizations—like Black Lives Matter—only matter to de Blasio. It is the organization, after all, that matters, and not actual Black lives.
And, of course, de Blasio regularly denounces the NYPD. He has disbanded successful anticrime units; has demoralized the rank and file; has placed police officers in personal danger with his new policies; and he has advocated for the defunding of the entire Department.
In having aligned himself with a domestic terrorist organization, Mayor de Blasio had apparently forgotten how he had not that long ago heralded the NYPD. Once, a little over a year ago, when Bill de Blasio hoped to secure his Party’s nomination for U.S. President, to take on Donald Trump—a long-shot bid if ever there was one—he realized that, to make headway, against a large field, he would have to take a major risk. He agreed to appear on Fox News, to be interviewed by Sean Hannity. The question of “gun control” came up.
“Bill de Blasio defended his stance on gun control during an exclusive interview with Sean Hannity.
De Blasio, the mayor of New York City, claimed New York is the safest large American city and that the police are the best outlet to keep people safe, on Wednesday’s ‘Hannity.’
‘You’re in the safest big city in America. . . with the finest police force in America,’ he said.
‘We keep people safe. Crime’s gone down for the last six years on my watch.’
‘I believe right now what’s wrong in this country is not that people have rights around guns, it’s there are no gun safety measures like background checks.’”
Of course, this exchange took place well before de Blasio hopped into the sack with Black Lives Matter. He has since forsaken the NYPD. Like many politicians, de Blasio is routinely dismissive of his audience, surmising wrongly, that the public is either too stupid or too gullible to notice the inherent inconsistencies and hypocrisies manifested in his bombastic utterings. See Arbalest Quarrel article, “NYC: The New Badlands,” posted on July 27, 2020.
But, even if some Americans are oblivious to the pompous and vacuous assertions of this Mayor, they certainly cannot ignore what they see taking place; changes occurring at lightning speed; emphatic, insistent, and none of it pleasant: a City in turmoil; declining property values; the City’s economy shot-to-hell; skyrocketing crime; people leaving in droves; a Paradise to some—masochists and nihilists, likely—a vision of Hell to most; New York transformed into Venezuela.
Governor Cuomo and Bill de Blasio continually bicker and snipe at each other, and blame their own failings on racism, Trump, Russia, or on anything or anyone else but for themselves. But they are of one mind when it comes to their Collectivist Dystopian vision. A Biden-Harris Presidency will see that Nihilist vision come true for the entire Nation.
NYC MAYOR BILL DE BLASIO MUST BE REMOVED FROM OFFICE NOW
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,” posted on July 27, 2020.
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.
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 and strictures 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 official 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, Radical Left political leaders can be prosecuted for their crimes, too.
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.’”
Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
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