Bill S4532A-2015

Relates to citizenship requirements in the county of Onondaga for the position of district attorney

Relates to citizenship requirements in the county of Onondaga for the position of assistant district attorney.

Details

Actions

  • May 18, 2015: PRINT NUMBER 4532A
  • May 18, 2015: AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 26, 2015: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4532A

TITLE OF BILL:

An act in relation to citizenship requirements in the county of Onondaga; and providing for the repeal of such provisions upon expiration thereof

PURPOSE:

This legislation amends the Public Officers, making it possible for the Onondaga County District. Attorney's Office to hire a Canadian citizen as an Assistant District Attorney. This person is in the process of becoming a naturalized United States Citizen.

SUMMARY OF PROVISIONS:

Section 1: Creates a new subdivision 64 of Section 3 of the Public Officers Law allowing an exception to the US Citizenship requirement of the law for the Onondaga County District Attorney's Office.

Section 2: Establishes the effective date.

JUSTIFICATION:

The Onondaga County District. Attorney's Office is seeking to hire a recent law school graduate with excellent credentials who happens to be a Canadian citizen. Currently, the Public Officers Law requires that public officers, including Assistant District. Attorneys, be US Citizens. This new graduate is in the process of becoming an American citizen, but will not be able to appear in court as an Assistant. District Attorney without this exception. This candidate is highly qualified and is already working for the District Attorney's office. She should be able to begin appearing in court while awaiting approval of her citizenship application.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4532--A 2015-2016 Regular Sessions IN SENATE March 26, 2015 ___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to citizenship requirements in the county of Ononda- ga; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding the provisions of section 3 of the public officers law requiring a person holding a civil office to be a citizen of the United States, in the county of Onondaga there may be one person holding the office of assistant district attorney for such county who is a resident of such county but is not a citizen of the United States, provided that all assistant district attorneys of such county shall meet all of the qualifications for holding such office pursuant to section 3 of the public officers law within four years of the effective date of this act unless otherwise provided by law. Provided, further, that any person performing the functions or holding the office of assistant district attorney in any other county shall be a citizen of the United States unless otherwise provided by law. The provisions of this act shall not apply to any person holding the office of first assistant district attorney, chief assistant district attorney, or any other office the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties. S 2. This act shall take effect immediately and shall expire and be deemed repealed four years after such date.

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