N.Y. General Municipal Law § 374-a: Traffic prosecutor selection and oversight

§ 374-a. Traffic prosecutor selection and oversight. (a) The executive

director of the Buffalo traffic 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

infraction, except those described in paragraphs (a), (b), (c), (d),

(e), (f) and (g) of subdivision two-a of section three hundred

seventy-one of this article, to be heard, tried or otherwise disposed of

by the Buffalo city court. 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

infraction which may, pursuant to the jurisdictional provisions of

section three hundred seventy-one of this article, be prosecuted before

the Buffalo city court if the traffic violation occurred in the city of

Buffalo. 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 Buffalo city court on

any matter relating to traffic 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

violations.

(b) The mayor of the city of Buffalo shall appoint a person to serve

as the executive director of the Buffalo traffic violations agency

subject to the confirmation of the common council of the city of

Buffalo. 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 Buffalo city court on

any matter relating to traffic violations and is further prohibited from

appearing in any capacity in any other court or administrative tribunal

on any matter relating to traffic violations.

(c) It shall be a misdemeanor for the executive director, any traffic

prosecutor or any judicial hearing officer assigned to hear traffic

violations cases pursuant to section sixteen 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) Pursuant to article 20 of the Buffalo City Charter, the city of

Buffalo may appropriate those monies which, in its 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 Buffalo traffic

violations agency.