Authorizes person holding the office of assistant district attorney in the county of Essex to reside in an adjoining county within the state.
Ayes (60): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Parker
TITLE OF BILL: An act to amend the public officers law, in relation to the qualifications for holding the office of assistant district attorney in the county of Essex
This bill would permit Assistant District Attorneys in Essex County, other than a First Assistant or Chief Assistant who could assume the duties of the District Attorney, to reside in an adjoining county.
SUMMARY OF PROVISIONS:
Section 1- Amends section 3 of the public officers law by adding a new subdivision 62 permitting Assistant District Attorneys in Essex County, other than a First Assistant or Chief Assistant who could assume the duties of the District Attorney, to reside in an adjoining county.
There are currently scores of specific exceptions to the general rule requiring many public officers to reside within the municipal jurisdiction by which they are employed. Of particular relevance, Assistant District Attorneys in Montgomery County may reside in adjoining counties (C. 663 of 2006), Assistant District Attorneys in Fulton County (C. 265 of 2008), Assistant District Attorneys in Putnam (C. 250 of 2008) and others.
This bill has been introduced at the request of the Essex County District Attorney. The District Attorney has had difficulty recruiting Assistant District Attorneys solely from among practitioners who reside in this predominantly rural county. Adoption of this legislation will enable the District Attorney to recruit from adjoining rural counties such as Clinton or Franklin, which share many characteristics of Essex County.
LOCAL FISCAL IMPLICATIONS:
Will provide the county with greater flexibility.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6588--A Cal. No. 306 IN SENATE February 10, 2014 ___________Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public officers law, in relation to the qualifica- tions for holding the office of assistant district attorney in the county of Essex THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the public officers law is amended by adding a new subdivision 62 to read as follows: 62. IN THE COUNTY OF ESSEX, THE PROVISIONS OF THIS SECTION REQUIRING A PERSON TO BE A RESIDENT OF THE POLITICAL SUBDIVISION OR MUNICIPAL CORPO- RATION OF THE STATE FOR WHICH HE OR SHE SHALL BE CHOSEN OR WITHIN WHICH HIS OR HER OFFICIAL FUNCTIONS ARE REQUIRED TO BE EXERCISED, SHALL NOT PREVENT A PERSON FROM HOLDING THE OFFICE OF ASSISTANT DISTRICT ATTORNEY OF THE COUNTY OF ESSEX, PROVIDED THAT SUCH PERSON RESIDES IN ESSEX COUN- TY OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK; PROVIDED, HOWEV- ER, THAT ANY PERSON PERFORMING SUCH FUNCTIONS OR HOLDING THE OFFICE OF ASSISTANT DISTRICT ATTORNEY IN ANY OTHER COUNTY SHALL BE A RESIDENT OF SUCH COUNTY UNLESS OTHERWISE PROVIDED BY LAW. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON HOLDING THE OFFICE OF FIRST ASSISTANT DISTRICT ATTORNEY OR CHIEF ASSISTANT DISTRICT ATTORNEY, 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13934-02-4