 | RESOLUTION NO. 81 of 2016 DATED: April 26, 2016 |
RESOLUTION CALLING ON THE STATE OF NEW YORK TO FULLY REIMBURSE COUNTIES FOR DISTRICT ATTORNEY SALARY INCREASES SET BY THE STATE
| Seconded by: | Purtell |
WHEREAS, on December 24, 2015, New York State Commission on Legislative, Judicial, and Executive Compensation voted to recommend increasing all state judge salaries in 2016 and 2018, and
WHEREAS, the recommended increase placed Supreme Court judges’ salaries at $193,000 in 2016 and $203,000 in 2018 and placed County Court Judges at 95% of a Supreme Court Justice’s salary, and
WHEREAS, on April 1st the state approved the Commission’s recommendation, and
WHEREAS, New York State Judiciary Law Section 183-a links judicial salaries to county District Attorney (DA) salaries to be equal or higher than either the County Court Judge or Supreme Court Judge in a county, depending on county size and full-time or part-time status, and
WHEREAS, for over 50 years, the state has funded all salary increases that they imposed on the counties, and
WHEREAS, the District Attorneys Association of the State of New York (DAASNY), recognizing the automatic nature of these increases and its effect on local county budgets, and further to support the counties' position, requested in correspondences with state officials that the state fund this salary increase as well; and
WHEREAS, this salary increase recommendation occurred well after all counties set their 2016 budgets in law, and
WHEREAS, to the extent that the Commission’s recommendations, do in fact, supersede the provisions of Judiciary Law section 221-d as applicable to District Attorney’s annual salary, and
WHEREAS, DA’s are entitled to the compensation they are owed pursuant to state law for fulfilling the state constitutional and statutory duties related to the enforcement of the state penal law, and
WHEREAS, on April 1, 2016 the State Legislature enacted a $150 billion State Budget, but did not include the funding for the $1.6 million in reimbursement costs for the increase in DA salaries, and
WHEREAS, the state has been careful over the past few years to avoid shifting costs to the local tax base, mindful of the impact locally with the state imposed property tax cap, and
WHEREAS, for many counties this salary increase represents approximately 1/3 of their total allowable property tax growth for all government operation in 2016.
NOW THEREFORE BE IT RESOLVED, that the County of Montgomery calls on the State of New York to immediately pass legislation and pay for this increase retroactive to April 1, 2016, and not pass this unfunded mandate on to local taxpayers.
RESOLUTION VOTE, passed with Aye(8). Legislator Wheeler was absent. (4/26/2016)
Statement of Legislative and Financial Impact:
I. Nature of Request:
CALLING ON THE STATE OF NEW YORK TO FULLY REIMBURSE COUNTIES FOR DISTRICT ATTORNEY SALARY INCREASES SET BY THE STATE
II. Justification:
The state has funded the increase in the salaries for over 50 years.
III. Legislative Impact:
Puruant Article 2 of the Montgomery County Charter
IV. Financial Impact:
If the state was to reimburse there would be no cost to county. If not the county cost would be $30,850
| cc: | County Clerk County Treasurer |
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