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Fiscal Year 2016-2017 [budget resource page -- constitutional, statutory, rule provisions & caselaw]
March 23, 2016
signed ORDER
TO SHOW CAUSE
PLAINTIFFS' MARCH 23, 2016 VERIFIED SECOND SUPPLEMENTAL COMPLAINT
TABLE OF
EXHIBITS
Exhibit 24-a:
Plaintiffs’ December 1, 2015 letter to
Secretary of the Senate and Assembly Records Access Officer – “RE:
The Legislature’s Certified Itemized
Estimates of its Financial Needs for Fiscal Year 2016-2017, as Required by
Article VII, §1 of the New York State Constitution”
Exhibit 24-b:
Secretary of the Senate’s December 10,
2015 response
Exhibit 24-c:
Assembly Records Access Officer’s
December 8, 2015 response
Exhibit 24-d:
December 1, 2015 letter to Governor
Cuomo, signed by Temporary Senate President Flanagan and Assembly Speaker
Heastie
Exhibit
24-e:
16-page legislative budget for fiscal
year 2016-2017
Exhibit 25-a:
Cover of Judiciary’s budget of operating
expenses for fiscal
year 2016-2017, with Chief Administrative Judge Marks’ December 1, 2015
transmitting memorandum
Exhibit 25-b:
Chief Judge’s November 23, 2015
certification & Court of Appeals’ approval– “Itemized Estimates of the
Financial Needs of the Legislature”
Exhibit 25-c:
Judiciary’s Section 1: Table of Contents;
Executive Summary; Statistical Tables
Exhibit 25-d:
Judiciary’s Section 1: “Single Budget
Bill”
Exhibit 25-e:
Judiciary’s Section 2: Table of Contents;
Part III-Capital Projects
Exhibit 26-b:
Chief Judge’s November 23, 2015
certification & Court of Appeals’ approval – “Itemized Estimates of the
Financial Needs of the Judiciary for General State Charges”
Exhibit 26-c:
Judiciary’s table of contents to its
General State Charges & contents
Exhibit 27-b:
Governor Cuomo’s Legislative/Judiciary
Budget Bill #S.6401/A.9001
Exhibit 28-a:
“Legislature Announces Joint Budget
Hearing Schedule”, January 11, 2016
Exhibit 28-b:
“Flanagan and Heastie Announce Joint
Legislative Budget Schedule”,
January 22, 2016
Exhibit 29-a:
Governor Cuomo’s Division of Budget
webpage for Judiciary’s budget
Exhibit 29-b:
Senate Majority’s “White Book”/Analysis:
contents, pp.
91, 93
Exhibit 29-c:
Senate
Minority’s “Blue Book”/Analysis: contents (2nd
page); pp. 177-179
Exhibit 29-d:
Assembly Majority’s “Yellow
Book”/Analysis: contents; pp. 145-146 [
Exhibit 29-e:
Assembly Minority’s “Green
Book”/Analysis, legislature-judiciary page
Exhibit 30-a:
Bill status/“Actions” for Legislative/Judiciary
#S.6401/A.9001;
Exhibit 30-b: Bill status/”Actions”: the eight Senate
and Assembly twice-amended budget bills
Exhibit 30-c: Legislative Session Calendar: January –
June 2016
Exhibit 31-a:
March 14, 2016 Senate Resolution #4330
Exhibit 31-b:
Senate Coalition Republican
Majority/Independent Democratic Conference proposal for
Judiciary
Exhibit 31-c:
March 14, 2016 Assembly Resolution #1047
Exhibit 31-d:
Assembly Democratic Majority proposal for
Judiciary
Exhibit 32: “Assembly and Senate Announce General
Conference Committee Appointments”
Exhibit 33-a:
2015 Annual Report of the Senate
Judiciary Committee – “Judiciary
Budget for State Fiscal Year 2015-2016”
Exhibit 33-b: 2015 Annual Report of the Assembly
Judiciary Committee – "New York State’s Judiciary Funding”
Exhibit 34: Assembly Bill #7997: introducers’
memorandum
Exhibit 35-a: Summary & Actions for Budget Bill
#S4610-A/A.6721-A
Exhibit 35-b:
(unamended) Budget Bill #S.4610/A.6721,
introduced March 31, 2015 (pp. 1)
Exhibit 35-c:
(amended) Budget Bill #S.4610-A/A.6721-A,
(pp. 1-3, 93-95 [Part E])
Exhibit 36-a:
Governor
Cuomo’s “Public Protection and General Government Article VII Legislation”:
Contents; 1st
page draft; Part I (eye) establishing Commission on Legislative and
Executive Compensation (pp. 84-88)
Exhibit 36-b:
Governor Cuomo’s Memorandum in Support,
pp. 14-15: Part I (eye) Commission on Legislative and Executive Compensation
Exhibit 36-c:
Senate Majority “White Book” for fiscal
year 2015-2016 with its dedicated section on the Commission on Executive and
Legislative Compensation (pp.
217-221)
Exhibit 36-d:
Actions: Budget Bill #S.2005/A.3005
(Part E: Commission on Executive and
Legislative Compensation)
Exhibit 36-e:
Introducer’s Memorandum for #A.3005-B
(Part E: “intentionally omitted”)
COMPENDIUM II: Exhibits 37-54
TABLE OF EXHIBITS
Exhibit 37:
Plaintiffs’ December 31, 2015 letter to Chief Judge
Nominee/Westchester County District Attorney Janet DiFiore – “RE: So, You
Want to Be New York’s Chief Judge? – Here’s Your Test: Will You Safeguard
the People of the State of New York – & the Public Fisc?”
(enclosure to January 15, 2016 letter)
Exhibit 38:
Plaintiffs’ January 11, 2016 e-mail to Senate Judiciary Committee
Counsel – “Subject: Testing the Fitness of Chief Judge Nominee/D.A. DiFiore
– CJA’s December 31, 2015 letter”
(enclosure to January 15, 2016 letter)
Exhibit 39:
Plaintiffs’ January 15, 2016 letter to Temporary Senate President
Flanagan and Assembly Speaker Heastie – “RE: IMMEDIATE OVERSIGHT REQUIRED…”
Exhibit 40:
Plaintiffs’ “Statement of Particulars in Further Support of
Legislative Override of the ‘Force of Law’ Judicial Salary Increase
Recommendations, Repeal of the Commission Statute, Etc.” (enclosure to
January 15, 2016 letter)
Exhibit 41:
Plaintiffs’ January 26, 2016
letter to Chief Judge DiFiore – “RE: The Legislature’s February 4, 2016
‘Public Protection’ Budget Hearing: Will You Do Your Duty to Apprise the
Legislature of its Own Duty…?”
(enclosure to January 28, 2016 letters)
Exhibit 42:
Plaintiffs’ January 28, 2016 letter to the Chairs and Ranking Members
of the Fiscal Committees and Judiciary Committees – “The Legislature’s
February 4, 2016 ‘Public Protection’ Budget Hearing…”
Exhibit 43:
Plaintiffs’ January 28, 206 letter to Temporary Senate President
Flanagan, Assembly Speaker Heastie, Senate Minority Leader Stewart-Cousins,
and Assembly Minority Leader Kolb – “Subject: To Which Committee(s) Have You
Assigned Oversight of the December 24, 2015 Report of the Commission on
Legislative, Judicial & Executive Compensation – & the Legislature’s Duty to
Not Only Override its Judicial Salary Increase Recommendations, but to
Repeal the Commission Statute, etc.”
Exhibit 44:
Plaintiffs’ February 2, 2016 e-mail with “Questions for Chief
Administrative Judge Lawrence Marks”
Exhibit 45:
Plaintiffs’ February 3, 2016 e-mail with “Questions for Temporary
Senate President John Flanagan and Assembly Speaker Carl Heastie”
Exhibit 46:
Plaintiffs’ February 18, 2016 letter to Senate Finance Committee
Chair Young and Ranking Member Krueger and Assembly Ways and Means Committee
Chair Farrell and Ranking Member Oaks – “RE:
Your Violation of Legislative Law 32-a with Respect to the Judicial
and Legislative Budgets for Fiscal Year 2016-2017 – and Budget Bill
#S.6401/A.9001…”
Exhibit 47:
Plaintiffs’ “Summary/Analysis of the Governor’s Commentary, of his
Division of the Budget Webpages for the Legislative & Judiciary Budgets, and
of the Legislature’s ‘White’, ‘Blue’, ‘Yellow’, and ‘Green’ Books”
(enclosure to February 18, 2016 letter)
Exhibit 48:
Plaintiffs’ February 19, 2016 letter to Chairs and Ranking Members of
Judiciary Committees, Senate Committee on Investigations and Government
Operations, and Assembly Committee on Governmental Operations
FOIL/Records Requests to Office
of Court Administration
Exhibit 49-a:
Plaintiffs’ December 9, 2015 FOIL/records request to OCA –
Exhibit 49-b: OCA
December 9, 2015 acknowledgment
Exhibit 49-c:
Plaintiffs’ January 22, 2016 e-mail – “Subject: STATUS…”
Exhibit 49-d: OCA’s
January 22, 2016 response
Exhibit 49-e:
Plaintiffs’ February 24, 2016 e-mail – “Subject: AGAIN WHAT IS THE STATUS…”
Exhibit 49-f:
OCA’s February 24, 2016 response
Exhibit 49-g: OCA’s
March 4, 2016 letter
Exhibit 50-a:
Plaintiffs’ February 4, 2016 FOIL/records request to OCA –
Exhibit 50-b: OCA
February 5, 2016 acknowledgment
Exhibit 50-c:
Plaintiffs’ March 11, 2016 e-mail:
“Subject: WHAT IS THE STATUS?...”
Exhibit 50-d:
Plaintiffs’ February 5, 2016 FOIL/records request to OCA –
“Chief Administrative Judge
approvals of increases, decreases, and interchanges in fiscal year
2015-2016, as authorized by 2 of Legislative/Judiciary Budget Bill
#S.2001-a/S.3001-a”
Exhibit 50-e: OCA
February 5, 2016 acknowledgment
Exhibit 50-f:
Plaintiffs’ March 11, 2016 e-mail: “Subject: WHAT IS THE STATUS…”
Exhibit 50-g: OCA’s
March 11, 2016 letter/response
FOIL/Records Requests to Senate
& Assembly Fiscal Committees/
Exhibit 51-a:
Plaintiffs’ February 22, 2016 records request to Senate Finance
Committee Chair Young & Ranking Member Krueger –
Exhibit 51-b:
Plaintiffs’ February 23, 2016 transmitting letter to cc’s
Exhibit 51-c: February
29, 2016 response of Secretary of the Senate
Exhibit 52-a:
Plaintiffs’ February 23, 2016 records request to Assembly Ways &
Means Chair Farrell & Ranking Member Oaks –
Exhibit 52-b: March 1,
2016 response of Assembly Records Access Officer
Exhibit 53-a:
Plaintiffs’ February 23, 2016 FOIL/records request:
Exhibit 53-b:
Secretary of the Senate’s March 1, 2016 response
Exhibit 53-c: Assembly
Public Access Officer’s March 1, 2016 response
Exhibit 53-d:
Governor’s FOIL Counsel’s March 1, 2016 acknowledgment
Exhibit 53-e: Division
of Budget’s FOIL Officer’s March 2, 2016 acknowledgment
Exhibit 54-a:
Plaintiffs’ February 1, 2016 FOIL/records request:
Exhibit 54-b: Assembly
Records Access Officer’s February 8, 2016 letter
Exhibit 54-c: Assembly
Program & Counsel staff’s February 9, 2016 e-mail
Exhibit 54-d:
Secretary of the Senate’s February 8, 2016 e-mail
Exhibit 54-e:
Plaintiffs’ February 22, 2016 e-mail:
“Subject: Clarification…”
Exhibit 54-f:
Secretary of the Senate’s February 29, 2016 e-mail
Exhibit 54-g:
Plaintiffs’ February 26, 2016 e-mail to Assembly Records Access Officer
Exhibit 54-h: Assembly
Records Access Officer’s March 1, 2016 e-mail
Exhibit 54-i:
Assembly Records Access Officer’s March 3, 2016 e-mail
FREE-STANDING EXHIBIT Plaintiffs' November 30, 2015 Written Testimony Ex 1 -- CJA's Executive Summary to October 27, 2011 Opposition Report Ex 2 -- CJA's April 15, 2013 corruption complaint to US Attorney Bharara Ex 3 -- CJA's constitutional analysis, as presented in Opposition Report Ex 4 -- CJA's entitlement to declarations: citizen-taxpayer action/11/5/15 memo Ex 5 -- CJA's October 30, 2015 FOIL request Ex 6 -- CJA's e-mail with Commission from Nov 2 - Nov 18, 2015 Ex 7 -- CJA's October 28, 2011 e-mail to Judiciary & Judicial Pay Raise Advocates Plaintiffs' December 2, 2015 Supplemental Statement
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City Bar's amicus curiae
brief in McKinney v Commissioner of NYS Department of Health
---------------------------------------------------------------- ADDITIONAL -- Division of the Budget -- bills & legislation APPROPRIATION BILLS State Operations: A9000 --- S.6400
Debt Service: A9002 Aid to Localities: A9003 --- S.6403 [S.6403]
Pension Forfeiture Resolution: A9010 - S6410 Good Government/Ethics Bill: A9011 --- S6411 ------------------------------------ March 15, 2016 meeting: General Conference Committee
March 16, 2016 meeting: "Public Protection" Joint Conference Subcommittee March 23, 2016 meeting: "Public Protection" Joint Conference Subcommittee
March 23, 2016: debt service S.6402: March 31, 2016: Senate Finance Committee: 6409-C April 1, 2016: Senate Finance Committee: 6400 & 6404-D April 1, 2016: 6406: Senate Finance Committee meeting
click here for:
click here for: ENABLERS or Champions? -- the press, "good-government" groups, academia click here for: The Counties Push Back vs the D.A. Pay Raises
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CJA Ho |
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Post Office Box 8101,
White Plains, New York 10602 |
