What's happening
This bill allows assistant district attorneys in Chautauqua County to live in adjoining New York counties, except for first or chief assistants.
Why it matters
Expands the pool of eligible candidates. for assistant district attorney (ADA) positions in Chautauqua County, potentially improving recruitment and retention by allowing qualified attorneys from neighboring counties to apply.
Maintains stricter residency requirements for leadership roles. first assistant and chief assistant district attorneys must still reside in Chautauqua County, ensuring that top prosecutorial leadership remains closely connected to the local community.
Aligns Chautauqua County with similar exceptions found in other counties. , reflecting a broader trend of increasing flexibility in public hiring practices when local candidate pools are limited.
Could impact the diversity and experience of the county's legal staff. , as allowing ADAs to live outside the county may bring in attorneys with broader perspectives or specialized expertise not found locally.
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Who cares
Headline styles
Let Assistant DA Live Nearby
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6205
2019-2020 Regular Sessions
IN SENATE
May 22, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to authorizing the assistant district attorney of the county of Chautauqua to reside outside of such county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the public officers law is amended by adding a new subdivision 68 to read as follows:
68. In the county of Chautauqua, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of assistant district attorney of the county of Chautauqua, provided that such person resides in Chautauqua county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding the office of assistant district attorney in any other county shall be a resident of such county unless otherwise provided by law. The provisions of this subdivision shall not apply to any person holding the office of first assistant district attorney or chief assistant district attorney, the holder of which would assume the duties of the district attorney upon the district attorney's absence from the county or upon the district attorney's inability to perform his or her duties.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11972-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to authorizing the assistant district attorney of the county of Chautau- qua to reside outside of such county
Purpose of the bill
This bill, requested by the Chautauqua county District Attorney, would allow Assistant District Attorneys employed by such DA to reside within the county or in an adjoining county.
Summary of provisions
Section 1 adds a new subdivision 68 to section 3 of the public officers law to permit Assistant District Attorneys employed by Chautauqua county to reside within the county or in an adjacent county.
Section 2 sets forth the effective date.
Justification
Assistant District Attorneys (ADAs) are a vital part of law enforcement. The skill set required of persons serving as ADAs is unique and unfortu- nately, in many rural counties, qualified candidates who possess such skills are in short supply, which necessitates the exception to the statutory residency requirement for public officers as set forth within this legislation.
Prior legislative history
New bill.
Fiscal implications
None
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.