NYC judge rules ex-Councilman Andy King can run for old Bronx seat despite expulsion for rampant ethics violations
Former City Councilman Andy King — who was kicked out of the chamber in 2020 for harassing a female staffer and other ethics violations — can run for his old Bronx seat this year despite his tumultuous ouster, a New York judge ruled Thursday.
The decision from Manhattan Supreme Court Justice Lucy Billings came after Council sources expressed confidence earlier this year that King would not be able to run in next month’s primaries because of legal technicalities.
Under the City Charter, Council members can only serve two consecutive terms. If they resign or are “removed from office prior to the completion of a full term, [they] shall be deemed to have held that office for a full term.”
Council insiders previously said those convoluted Charter paragraphs should mean King’s not eligible to run again until 2025, because he was on his second term when he got expelled in October 2020.
But Billings wrote in her ruling that King can, in fact, run because the Charter differentiates between “removals” and “expulsions.”
Her six-page decision held that “removal” is an action that can only be taken by a “superior officer or body.” Expulsion, meantime, is an intra-body action with a “distinct” difference, the judge said.
“Because he did not resign and was not removed from that office in 2020, but was expelled from that office, for the reasons explained above, the court grants the petition,” Billings concluded.
As a result, the city Board of Elections must put King’s name on the June 27 Democratic primary ballot for the 12th Council District, which includes Wakefield, Baychester, Williamsbridge and Co-op City.
King hailed Billings’ decision and affirmed he has every intension to run.
“Today’s decision brings truth within the scope of the law, which allows our community neighbors the rightful choice to elect those that they feel are going to best represent their interests and their concerns,” he said in a statement, adding that he’s “one step closer in answering the call from the residents of the 12th Council district to serve them once again.”
Councilman Kevin Riley, who has represented that district since King was kicked out, declined to comment.
A source familiar with the matter told the Daily News that Riley is likely to appeal Billings’ ruling.
With the primary less than two months away, the incumbent holds a major fundraising edge over King.
Riley has raked in $37,330 for his reelection bid so far, according to the city’s Campaign Finance Board. He has also lined up institutional support, including from Labor Strong, a coalition of five of the city’s largest public sector unions. The group’s pledged to pour money into his campaign.
By contrast, King has only raised $1,735 from a total of 18 donors, according to campaign finance filings.
King became the first Council member in modern memory to be removed from the chamber by his own colleagues.
His Oct. 5, 2020 expulsion came after the Council Ethics Committee substantiated charges that he had harassed a female employee, taken a kickback from another staffer and failed to pay a fine for previous misconduct.
Months earlier, the Council suspended King for 30 days for harassing staff; using Council resources on his stepdaughter’s Virgin Islands wedding; and enabling his wife, a municipal union official, to help run his office to her own benefit, among other charges.
During a debate on the City Council floor before his expulsion, King claimed his punishment was akin to being subjected to “lynching.”
