Legislation

Search OpenLegislation Statutes
This entry was published on 2015-07-03
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 374-A
Traffic prosecutor selection and oversight
General Municipal (GMU) CHAPTER 24, ARTICLE 14-B
§ 374-a. Traffic prosecutor selection and oversight. (a) The executive
director of the Buffalo traffic 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
infraction, except those described in paragraphs (a), (b), (c), (d),
(e), (f) and (g) of subdivision two-a of section three hundred
seventy-one of this article, to be heard, tried or otherwise disposed of
by the Buffalo city court. 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
infraction which may, pursuant to the jurisdictional provisions of
section three hundred seventy-one of this article, be prosecuted before
the Buffalo city court if the traffic violation occurred in the city of
Buffalo. 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 Buffalo city court on
any matter relating to traffic 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
violations.

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

(c) It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing officer assigned to hear traffic
violations cases pursuant to section sixteen 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) Pursuant to article 20 of the Buffalo City Charter, the city of
Buffalo may appropriate those monies which, in its 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 Buffalo traffic
violations agency.