§ 374-A — Traffic prosecutor selection and oversight

§ 374-a. Traffic prosecutor selection and oversight. (a) The executive\ndirector of the Buffalo traffic violations agency, appointed pursuant to\nsubdivision (b) of this section, shall select and may contract with or\nhire one or more persons who are attorneys, duly admitted to the\npractice of law in New York state for the prosecution of any traffic\ninfraction, except those described in paragraphs (a), (b), (c), (d),\n(e), (f) and (g) of subdivision two-a of section three hundred\nseventy-one of this article, to be heard, tried or otherwise disposed of\nby the Buffalo city court. Such persons shall be known as "traffic\nprosecutors", as that term is defined in section three hundred seventy-a\nof this article. Traffic prosecutors shall have the same power as a\ndistrict attorney would otherwise have in the prosecution of any traffic\ninfraction which may, pursuant to the jurisdictional provisions of\nsection three hundred seventy-one of this article, be prosecuted before\nthe Buffalo city court if the traffic violation occurred in the city of\nBuffalo. The executive director shall give active consideration to\nrequiring that such traffic prosecutors serve on a full-time basis.\nTraffic prosecutors are prohibited from appearing in any capacity other\nthan as a traffic prosecutor in any part of the Buffalo city court on\nany matter relating to traffic violations and are further prohibited\nfrom appearing in any capacity other than as a traffic prosecutor in any\nother court or administrative tribunal on any matter relating to traffic\nviolations.\n (b) The mayor of the city of Buffalo shall appoint a person to serve\nas the executive director of the Buffalo traffic violations agency\nsubject to the confirmation of the common council of the city of\nBuffalo. The executive director shall be responsible for the oversight\nand administration of the agency. The executive director is prohibited\nfrom appearing in any capacity in any part of the Buffalo city court on\nany matter relating to traffic violations and is further prohibited from\nappearing in any capacity in any other court or administrative tribunal\non any matter relating to traffic violations.\n (c) It shall be a misdemeanor for the executive director, any traffic\nprosecutor or any judicial hearing officer assigned to hear traffic\nviolations cases pursuant to section sixteen hundred ninety of the\nvehicle and traffic law to establish any quota of traffic violation\nconvictions which must be obtained by any traffic prosecutor or judicial\nhearing officer. Nothing contained herein shall prohibit the taking of\nany job action against a traffic prosecutor or judicial hearing officer\nfor failure to satisfactorily perform such prosecutor's or officer's job\nassignment except that the employment productivity of such prosecutor or\nofficer shall not be measured by the attainment or nonattainment of any\nconviction quota. For the purposes of this section a conviction quota\nshall mean a specific number of convictions which must be obtained\nwithin a specific time period.\n (d) Pursuant to article 20 of the Buffalo City Charter, the city of\nBuffalo may appropriate those monies which, in its sole discretion, are\nnecessary for the compensation of those persons selected to serve as\nexecutive director and traffic prosecutors and to cover all other\nexpenses associated with the administration of the Buffalo traffic\nviolations agency.\n