Section 374. Traffic prosecutor selection and oversight


Latest version.
  • (a) The executive
      director of the Nassau county traffic  and  parking  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 and parking infraction, except those described in paragraphs
      (a),  (b),  (c),  (d),  (e)  and (f) of subdivision two of section three
      hundred seventy-one of this article, to be  heard,  tried  or  otherwise
      disposed  of  by the district court of Nassau county. 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 or parking infraction which may, pursuant to
      the jurisdictional provisions of section three  hundred  seventy-one  of
      this  article, be prosecuted before the district court of Nassau county.
      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 Nassau county district court on any matter
      relating  to  traffic  or  parking 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
      or parking violations.
        (b) The county executive of the  county  of  Nassau  shall  appoint  a
      person  to  serve as the executive director of the Nassau county traffic
      and parking violations agency subject to the confirmation of the  county
      legislature  of  the  county  of Nassau. 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 Nassau county district  court  on  any  matter  relating  to
      traffic  or  parking violations and is further prohibited from appearing
      in any capacity in any other court or  administrative  tribunal  on  any
      matter relating to traffic or parking violations.
        (c)  It shall be a misdemeanor for the executive director, any traffic
      prosecutor or any judicial hearing officer assigned to hear  traffic  or
      parking  violations  cases  pursuant to section one thousand six 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) The legislature of the county  of  Nassau  may  appropriate  those
      monies  which,  in  the legislature's 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  Nassau  county  traffic  and
      parking violations agency.