Senate Bill S5835

                                 
BILL NUMBER: S5835

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the surrogate's court procedure act, in relation to
compensation for deputy public administrators in the city of New York

 
PURPOSE:

Requires that each of the deputy public administrators of the counties
compromising the city of New York shall receive as compensation at least
two-thirds of the amount paid or hereafter paid to the public adminis-
trators of each county, respectively.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 2 of section 1105 of the surrogate's court proce-
dure act, as added by chapter 724 of the laws of 1983, is amended to
provide that deputy public administrators in the city of New York
receive compensation at least two-thirds of the amount paid to public
administrators of each county
              

 
EXISTING LAW:

§ 1105

1. The public administrators of the counties comprising the city of New
York shall receive at least two-thirds of the amount paid to the judges
of the surrogate's court of the counties within the city of New York.

2. Each of the deputy public administrators of the counties comprising
the city of New York shall receive as compensation two-thirds of the
amount paid or hereafter paid to the public administrators of each such
county, respectively.

3. The public administrators shall not receive to their own use any fees
or emoluments in addition to their salaries except as provided in
section 1106, subdivision 3.

The above annual salaries shall be included annually in the expense
budget of the city of New York.

 
JUSTIFICATION:

The Deputy Public Administrator in the City of New York is a statutory
position that requires the hiring of a person who will share the fiduci-
ary duties of managing an estate portfolio ranging in the tens of
millions of dollars and distributing these estate assets to the rightful
owners.

It is a job that has requires a skilled able person familiar with the
estate obligations of a fiduciary and the Public Administrator's duties.

The statute as presently constructed limits the City from increasing the
salary in order to attract and maintain qualified personnel.

An earlier amendment to the statute in 2005 granted the City of New York
the authority to increase the salary of the Public Administrator should
the City determine it is necessary. This bill would grant the City simi-
lar authority to determine the salary of the Deputy Public Administra-
tor.

The present salary structure does not permit the City to increase the
salary, as it deems necessary. The job has not kept pace with similarly
situated personnel in the Surrogate's Court or at the level of a senior
Deputy Commissioner, although the job requires a person of similar skill
and ability.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately