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THE LEGISLATURE'S INCOMPENTENT D.A. SALARY REIMBURSEMENT LEGISLATION


click here for:
 statutory link between judicial salaries & D.A. salaries; reimbursements to counties

 

2016 Legislative Session

Senate Bills
1.
 S.7408  S.7408-A  webpage (S)
  introduced April 27, 2016

 AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
 for 100% state reimbursement to the counties
for D.A. salary increases on & after April 1, 2016
sponsors:  Young, O'Mara, Avella, Akshar, Bonacic,
Carlucci, Farley, Gallivan, Larkin, Marchione, Ortt, Ritchie, Seward, DeFrancisco,
Funke, Griffo, Little, Murphy, Ranzenhofer, Serino, Valesky
April 27, 2016 -- referred to Senate Committee on Local Government, June 1, 2016 vote: 9-0;
June 1, 2016 -- referred to Finance Committee, June 7, 2016 vote: 34-0;
June 8, 2016 -- Senate Rules Committee, vote: 23-0l
June 14, 2016 -- Senate, vote: 61-0;
June 14, 2016 -- delivered to Assembly,
referred to Ways & Means Committee, where nothing happened with it
 
2.
S.7417  webpage (S)
introduced April 29, 2016 

AUTHORIZING $1,600,000 for state reimbursement to counties 
for 100% of D.A. increases resulting from 
the Commission on Legislative, Judicial & Executive Compensation

    sponsors: O'Mara; Akshar, Funke, DeFrancisco, Gallivan,
Griffo, Ranzenhofer, Serino, Little Ritchie
April 29, 2016 -- referred to Senate Finance Committee, where nothing happened with it
 
3.
S.7515  webpage (S)   webpage (A)
introduced May 6, 2016
AMENDING JUDICIARY LAW §183-a
to require Office of Court Administration to reimburse the counties
100% for D.A. increases resulting from the Commission on Legislative,
Judcial & Executive Compensation
sponsor: Ranzenhofer
May 6, 2016 -- referred to Senate Judiciary Committee, where nothing happened with it
 
Assembly Bills
1.
A.10151  webpage (A)  webpage (S)
introduced May 13, 2016
AMENDING JUDICIARY LAW §183-a  
to require the state to reimburse the counties 
100% for D.A. salary increases resulting from salary increases
 for supreme court justices or county judges
& appropriating $1,600,000 for increases 
resulting from the Commission on Legislative, Judicial 
& Executive Compensation

sponsor:  Hawley
May 13, 2016 -- referred to Assembly Ways & Means Committee
May 17, 2015: enacting clause striken
 
2.
A.10152  A.10152-A  webpage (A)
introduced May 13, 2016
AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties 100% 
for D.A. salary increases on & after April 1, 2016 -- 
& appropriating $1,600,000 for that purpose
sponsor: Gunther, Lupardo, Warner, Russell, Magee, Skoufis, Hawley, McDonald, Barrett,
Oaks, Blankenbush, Stec, Galef, McDonough, Skartados

May 13, 2016 -- referred to Assembly Ways & Means Committee
May 17, 2016 -- amended
May 17, 2016 -- referred to Assembly Ways & Means Committee, where nothing happened with it
 
3.
A.10432   webpage (A)
introduced May 27, 2016

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration reimburse
the counties for 100% of D.A. salary increases after Jan. 1, 2016 resulting
from Commission on Legislative, Judicial and Executive Compensation

May 27, 2016 -- referred to Assembly Judiciary Committee, where nothing happened with it
 

    * * *
 click here for
CJA's April - June 2016 efforts to securing legislative oversight
over D.A. salaries & the D.A.s

2016 - Counties' push-back to footing the bills for D.A. pay raises --
 & posturing by the legislators about enacting legislation...
* * *

 

2017 Legislative Session


Senate Bill

1.
S.519  webpage (S)
 introduced January 4, 2017

 
AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d) 
to require the state to reimburse the counties 
100% for D.A. salary increases on & after April 1, 2016 -- 
& appropriating $1,600,000 for that purpose

sponsors: Young, Akshar, Avella, Bonacic, Carlucci, DeFrancisco, Funke, Gallivan, Griffo,
Kennedy, Larkin, Little, Marchione, Murphy O'Mara, Ortt, Ranzenhofer, Ritchie, Serino, Seward, Valesky

January 4, 2017 -- referred to Senate Finance Committee
May 2, 2017 Senate Finance Committee (at 3mins,19 secs -- "unfunded mandate")
May 2, 2017, May 3, 2017, May 8, 2017 -- 1st, 2nd, 3rd calendar readings
May 22, 2017 -- passed Senate, delivered to Assembly,
May 22, 2017 -- referred to Assembly Ways & Means Committee, where nothing happened

   
 Assembly Bills

1.
 A.751  webpage (A)  webpage (S)
 introduced January 9, 2017

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d) 
to require the state to reimburse the counties 
100% for D.A. salary increases on & after April 1, 2018 -- 
& appropriating $1,600,000 for that purpose

sponsors: Gunther, Lupardo, Woerner, Jenne, Magee, Skokufis, Barrett, Galef, Hawley,
Oaks, Blankenbush, Stec, McDonald, Jones, Palmesano, Miller B; Barclay, McDonough, Skartados
January 9, 2017 -- referred to Assembly Ways & Means Committee, where nothing happened

2.
 A.1707   webpage (A)  webpage (S)
 introduced January 12, 2017

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration reimburse
the counties for 100% of D.A. salary increases after Jan. 1, 2016 resulting
from Commission on Legislative, Judicial and Executive Compensation

sponsors:  Hawley, Barclay, Friend, Butler, Giglio, Crouch, Lawrence, McDonough, Oaks

January 12, 2017 -- referred to Assembly Judiciary Committee, where nothing happened with it


2018 Legislative Session

Senate Bill

1.
 S.519-A     webpage (S)
January 3, 2018 -- referred to Senate Finance Committee

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties
100% for D.A. salary increases on & after April 1, 2018 -- 
& appropriating $1,600,000 for that purpose


January 24, 2018 -- amended & recommitted to Senate Finance Committee, where nothing happened


Assembly Bills
1.
 A.751-A   webpage (A)

 AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties
100% for D.A. salary increases on & after April 1, 2018 --
& appropriating $1,600,000 for that purpose

sponsors: Gunther, Lupardo, Woerner, Jenne, Magee, Skoufis, Barrett, Galef, Hawley,
Oaks, Blankenbush, Stec, McDonald, Jones, Palmesano, Miller B; Barclay, McDonough, Skartados

January 3, 2018 -- referred to Assembly Ways & Means Committee
January 25, 2018 -- amended & recommitted to Assembly Ways & Means Committee, where nothing happened

2.
 A.1707  webpage (A)   webpage (S)

January 3, 2018 -- referred to Assembly Judiciary Committee:

sponsors:  Hawley, Barclay, Friend, Butler, Giglio, Crouch, Lawrence, McDonough, Oaks

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration to reimburse the counties
100% for D.A. salary increases after Jan. 1, 2017 resulting
from Commission on Legislative, Judicial and Executive Compensation

May 31, 2018 -- held for consideration in Assembly Judiciary Committee: 13-5 vote

 

* * *

 

And, adding to the reimbursement problem...

2019 Legislative Session

 In the Senate

S.4632  webpage (S)

AMENDING COUNTY LAW §700.8
to exempt Hamilton County from the restriction
that counties under 40,000 would have no eligibility for reimbursement for full-time D.A.s
sponsor:  Tedisco

March 18, 2019 introduced & referred to Senate Committee on Local Gov't
June 17, 2019 discharged by Senate Committee on Local Gov't; committed to Senate Rules Committee
June 17, 2019 -- Senate Rules Committee vote: 19-0 [VIDEO  (at 2:52 mins)]
June 17, 2019 -- Senate floor vote: 62-0  [VIDEO  transcript: pp. 5870-71]
 June 17, 2019 -- delivered to Assembly; referred to Assembly Committee on Local Gov'ts
June 20, 2019 -- Passed Assembly; Returned to Senate
December 20, 2019 -- delivered to Gov; Veto #270


In the Assembly 

A.7215 webpage (A)  webpage (S)

AMENDING COUNTY LAW §700.8
to exempt Hamilton County from the restriction
that counties under 40,000 would have no eligibility for reimbursement for full-time D.A.s

 sponsor: Smullen

 April 12, 2019 introduced & referred to Assembly Committee on Local Gov'ts
June 18, 2019 referred to Assembly Ways & Means Committee
June 19, 2019 referred to Asembly Rules Committee
June 20, 2019 reported -- substituted by S.4632
June 20, 2019 -- passed Assembly  VIDEO, transcript: pp. 448-450
June 20, 2019 -- returned to Senate
 December 20, 2019 -- delivered to Gov; Veto #270

* * *

CJA's June 26, 2020 FOIL request to Senate --
"Senate Bill #S.4632 (Tedisco - March 18, 2019)
'to amend the county law, in relation to the full-time status
of the district attorney of Hamilton county'"

 

CJA's June 26, 2020 FOIL request to Assembly --
"Assembly Bill #S.7215 (Smullen - April 12, 2019)
'to amend the county law, in relation to the full-time status
of the district attorney of Hamilton county'"

Assembly's July 6, 2020 response
Enclosure #1: Hamilton County's June 13, 2019 letter to Assembly Committee on Local Gov'ts Chair Thiele
Enclosure #2: Governor Cuomo's December 20, 2019 veto #270


CJA's July 1, 2020 FOIL request to Legislative Bill Drafting Commission --
"2019 legislative session: S.4632 & A.7215 'to amend the county law,
in relation to the full-time status of the district attorney of Hamilton county"

LBDC's July 7, 2020 acknowledgment

* * *

FOIL Requests to OCA to establish the Commission-based judicial salaries
to which district attorney salaries are linked --

CJA's May 15, 2020 FOIL/records request to Office of Court Administration --
"Judicial salaries resulting from the December 24, 2015 Report of the Commission on Legislative, Judicial and Executive Compensation" (with attached chart)

OCA's May 18, 2020 acknowledgment

CJA's June 15, 2020 follow-up -- "STATUS?..."

------------

COUNTIES WITH POPULATIONS OF LESS THAN 40,000

ESSEX COUNTY – 39,370
SCHOHARIE COUNTY – 32,749
SENECA COUNTY – 32,251
 LEWIS COUNTY – 27,087
 YATES COUNTY – 25,348
SCHUYLER COUNTY – 18,343
HAMILTON COUNTY – 4,836

 

 

________________


 D.A. salaries in counties (outside NYC) with populations over 500,000,
linked to S. Ct. salaries:  

$136,700 salary prior to March 31, 2012

As a result of the fraudulent
Aug 29, 2011 report of Commission on Judicial Compensation
April 1, 2012 -- $160,000
April 1, 2013 -- $167,000
April 1, 2014 -- $174,000
April 1, 2015 -- $174,000

As a result of the fraudulent
Dec 24, 2015 report of Commission on Legislative, Judicial & Executive Compensation
April 1, 2016 -- $193,000
April 1, 2017 -- $194,900
April 1, 2018 -- $208,000
April 1, 2019 -- $210,900

D.A. salaries in counties with populations over 100,000
OR, if under 100,000, with full-time D.A.s, linked to County Ct. salaries

Some variations, but here's an example

Increase in D.A. salaries as a result of the fraudulent
Aug 29, 2011 report of Commission on Judicial Compensation
 April 1, 2012 -- $147,100 
April 1, 2013 -- $153,500
April 1, 2014 -- $159,900
April 1, 2015 -- $159,900

As a result of the fraudulent
Dec 24, 2015 report of Commission on Legislative, Judicial & Executive Compensation
 April 1, 2016 -- $183,400
April 1, 2017 -- $185,200
April 1, 2018 -- $197,600
April 1, 2019 -- $200,400

 

                                                          

 

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