Montgomery County Seal!RESOLUTION NO. 135 of 2019
DATED: May 28, 2019
     

RESOLUTION AMENDING 2019 OPERATING BUDGET - MANDATED SALARY INCREASE (DISTRICT ATTORNEY)


Resolution by Legislator:   Sweet
Seconded by: Wilson

WHEREAS, the District Attorney's salary for the year 2019 has been increased to coincide with the raises for the judiciary effective April 1, 2019,

WHEREAS, the District Attorney's current salary is $197,600.00, and will change to $200,400.00 retroactive to April 1, 2019,

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2019 Operating Budget as follows:

INCREASE:    
A-599  Appropriated Fund Balance $2,800.00
     
INCREASE APPROPRIATIONS:     
A-25-4-1165-00-.1100 (965)  District Attorney $2,800.00

MOTION TO TABLE by Legislator Headwell, Jr., seconded by Legislator Dimond, passed with Aye(9). (5/28/2019)

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (6/25/2019)



DA salary increase 2019
Statement of Legislative and Financial Impact:

I. Nature of Request:

To amend the 2019 operating budget for the mandated salary increase for the District Attorney


II. Justification:

Under Judiciary Law §183-a, full-time district attorneys are to receive the same salary as the county judge of the county in which he/she serves.

Under legislation by the State of New York taking effect April 1, 2019, the county judge salary is fixed at 95% of a Supreme Court judge salary which is $210,900, meaning the county judge salary will be set at $200,400 effective April 1, 2019 thus making the district attorney's salary to be fixed at the same rate of $200,400


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations


IV. Financial Impact:

This salary increase will come from the County's Fund Balance as it is impossible to predict and budget for any State mandated increase in the district attorney's salary pursuant to Judiciary Law §183-a unless it is known in advance.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) No 
Sweet (R) Yes 
Dimond (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Duchessi (D) Yes 
Pepe (R) Yes 
Isabel (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 25th day of June, 2019, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 26th day of June, 2019


Totals:Aye: 8
Nay: 1 
Abstained: 0
Absent: 0



This resolution was approved by the County Executive on 6/26/2019
Resolution was enacted on 6/26/2019