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This entry was published on 2014-09-22
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SECTION 374
Traffic prosecutor selection and oversight
General Municipal (GMU) CHAPTER 24, ARTICLE 14-B
§ 374. Traffic prosecutor selection and oversight. (a) The executive
director of the Nassau county traffic and parking violations agency, and
the executive director of the Suffolk county traffic and parking
violations agency, appointed pursuant to subdivision (b) of this
section, shall select and may contract with or hire one or more persons
who are attorneys, duly admitted to the practice of law in New York
state for the prosecution of any traffic and parking infraction, except
those described in paragraphs (a), (b), (c), (d), (e) and (f) of
subdivision two of section three hundred seventy-one of this article, to
be heard, tried or otherwise disposed of by the district court of Nassau
county in the case of an attorney selected by the Nassau county
executive director, or by the district court of Suffolk county, in the
case of an attorney selected by the Suffolk county executive director.
Such persons shall be known as "traffic prosecutors", as that term is
defined in section three hundred seventy-a of this article. Traffic
prosecutors shall have the same power as a district attorney would
otherwise have in the prosecution of any traffic or parking infraction
which may, pursuant to the jurisdictional provisions of section three
hundred seventy-one of this article, be prosecuted before the district
court of Nassau county or the district court of Suffolk county, if the
traffic violation occurred in Suffolk county. The executive director
shall give active consideration to requiring that such traffic
prosecutors serve on a full-time basis. Traffic prosecutors are
prohibited from appearing in any capacity other than as a traffic
prosecutor in any part of the Nassau county district court or the
Suffolk county district court, if the traffic violation occurred in
Suffolk county on any matter relating to traffic or parking violations
and are further prohibited from appearing in any capacity other than as
a traffic prosecutor in any other court or administrative tribunal on
any matter relating to traffic or parking violations.

(b) The county executive of the county of Nassau shall appoint a
person to serve as the executive director of the Nassau county traffic
and parking violations agency subject to the confirmation of the county
legislature of the county of Nassau. The county executive of the county
of Suffolk shall appoint a person to serve as the executive director of
the Suffolk county traffic and parking violations agency subject to the
confirmation of the county legislature of the county of Suffolk. The
executive director shall be responsible for the oversight and
administration of the agency. The executive director of Nassau county is
prohibited from appearing in any capacity in any part of the Nassau
county district court and the executive director of Suffolk county is
prohibited from appearing in any capacity in any part of the Suffolk
county district court on any matter relating to traffic or parking
violations and is further prohibited from appearing in any capacity in
any other court or administrative tribunal on any matter relating to
traffic or parking violations.

(c) It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing officer assigned to hear traffic or
parking violations cases pursuant to section one thousand six hundred
ninety of the vehicle and traffic law to establish any quota of traffic
violation convictions which must be obtained by any traffic prosecutor
or judicial hearing officer. Nothing contained herein shall prohibit the
taking of any job action against a traffic prosecutor or judicial
hearing officer for failure to satisfactorily perform such prosecutor's
or officer's job assignment except that the employment productivity of
such prosecutor or officer shall not be measured by the attainment or
nonattainment of any conviction quota. For the purposes of this section
a conviction quota shall mean a specific number of convictions which
must be obtained within a specific time period.

(d) The legislature of the county of Nassau may appropriate those
monies which, in the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive
director and traffic prosecutors and to cover all other expenses
associated with the administration of the Nassau county traffic and
parking violations agency.

(e) The legislature of the county of Suffolk may appropriate those
monies which, in the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive
director and traffic prosecutors and to cover all other expenses
associated with the administration of the Suffolk county traffic and
parking violations agency.