 | RESOLUTION NO. 139 of 2024 DATED: April 23, 2024 |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2024) - A LOCAL LAW ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY (COUNTY LEGISLATURE)
| Seconded by: | Purtell |
WHEREAS, the Montgomery County Legislature has adopted Resolution 107 of 2024 ,and
WHEREAS, The District Attorney salary has been adjusted effective April 1, 2024 to $232,600.00 from $200,400.00; and
WHEREAS, per county policy, this position is also entitled to 35% of the Health Insurance Premium if Health Insurance is not elected; and
RESOLVED, that Local Law 3 of 2024 hereby is adopted and is incorporated as follows: “A LOCAL LAW ESTABLISHING BASE SALARY OF THE DISTRICT ATTORNE ”
Be it enacted by the Legislature of the County of Montgomery as follows:
SECTION 1.
The base salary of the District Attorney shall be amended to $232,600 in accordance with State law.
SECTION 2.
This Local Law is subject to a permissive referendum, and will be submitted to a vote of qualified electors of the County of Montgomery, if, within 45 days after the date of which it was so adopted, there is filed with the Clerk of the Montgomery County Legislature a petition protesting against this Local Law, signed and authenticated as required by Section 24 of Municipal Home Rule Law, by qualified electors of Montgomery County registered to vote therein at the last preceding general election, in number equal to at least ten per centum of the total number of votes cast for Governor at the last gubernatorial election held in said County.
Section 3:
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 4:
To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.
Section 5:
This law shall be effective upon filing with the Secretary of State.
FURTHER RESOLVED, that the Clerk of the Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.
RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Majewski was absent. (4/23/2024)
Statement of Legislative and Financial Impact:
I. Nature of Request:
To amend the 2024 Operating Budget for the mandated salary increase for the District Attorney.
II. Justification:
As required by Section 24 of Municipal Home Rule Law
Under Judiciary Law §183-1 the full time District Attorney Salary is tied to the NYS Supreme Court Justice salary.
District Attorney Position entitled to 35% of the Health Insurance Premium if Health Insurance is not elected.
III. Legislative Impact:
Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to enact this policy.
IV. Financial Impact:
Funds have been approved via resolution 107 of 2024.
| cc: | County Clerk County Treasurer |
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