Is Jumaane Williams NYC's Public Advocate? Yes And No

NEW YORK — He's won the election and been sworn in, but Jumaane Williams still isn't technically New York City's public advocate. The Flatbush Democrat has yet to formally resign from his City Council seat, one of the administrative steps necessary for him to officially take the city's second-highest office, according to Williams spokesman William Gerlich.

Williams has put off resigning in an effort to spare the city another expensive special election, but he's still running the show in the public advocate's office, Gerlich said.

"He in every aspect is running this office," Gerlich said. "His name is obviously on the door, he’s hiring staff, he’s ramping up his policy agenda."

Williams took the oath of office Wednesday afternoon, a week and a day after he beat out 16 other candidates in a nonpartisan special election.

But because Williams hasn't stepped down from his Council post, Council Speaker Corey Johnson is still technically the acting public advocate, a role he's had since Letitia James left the job in January to become the state attorney general.

"We’re under the impresison that once (Williams has) resigned from his Council seat then he will be public advocate," Gerlich said.

Once that happens, Mayor Bill de Blasio will have three days to call a special election to fill Williams's seat, which must take place at least 45 days after the position becomes open.

That means the special election would likely be scheduled for April, followed by June's primaries and November's general election. Williams will also have to participate in the latter two if he gets a primary challenger, as he's only guaranteed the public advocate's job until the end of this year.

Williams, de Blasio and Johnson have been discussing a way to avoid that, Gerlich said. Lawyers have been working on a solution to the conundrum, which might be holding the special election on the same day as the primary, he said.

"That way, obviously, it would save a lot of taxpayer dollars and voters (would) go to the polls once instead of twice in a matter of two months," Gerlich said.

But that scenario is looking "highly unlikely," Johnson said. The speaker said the debacle will hopefully create momentum toward reforming the "totally screwed-up" laws that govern special elections.

"Whoever won that special election, which Jumaane won, it should have been figured out, detailed, put down in a document and a plan," Johnson said on NY1 Thursday evening. "I thought that was probably done, but clearly it wasn’t."

The Board of Elections also still has to certify the results of last week's special election, which will happen on March 19, according to Gerlich.

The question of who's formally the public advocate might seem trivial. But it's important in case something happens to de Blasio, as the public advocate is first in line to succeed the mayor.

Williams's office, though, would speed the process along if he needed to step into de Blasio's shoes, Gerlich said.

"If it’s a matter of getting his resignation letter in if, god forbid, something does happen, we would be able to sort through that very quickly," Gerlich said.