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District Attorney Pay Raises, PAID BY THE COUNTIES,
Arising from Judicial Salary Raises


click here for:
statutory link between judicial salaries & D.A. salaries; reimbursements to counties

 

On this topic, watch these 2 videos --

 
** VIDEO of CJA's oral testimony
at the Legislature's January 30, 2017 budget hearing
on "local gov't officials/general gov't

VIDEO of CJA's oral testimony
at the Legislature's February 6, 2013 budget hearing
on “public protection”

-------

District Attorney Salary Reimbursement to the Counties
(It's in the Aid to Localities Appropriation Bill --
and is "notwithstanding" what the Judiciary Law & County Law provide
)

FISCAL YEAR 2016-2017: $4,212,000 
FISCAL YEAR 2017-2018:  $4,212,000
FISCAL YEAR 2018-2019:  $4,212,00
FISCAL YEAR 2019-2020:  $4,212,000 
FISCAL YEAR 2020-21:  $4,212,000

------------
FOIL REQUESTS --
starting with the 3 FOIL requests that are part of the 10th cause of action
of CJA's September 2, 2016 verified complaint in 2nd citizen-taxpayer action --
& discussed by CJA in tesitfying at the Legislature's January 30, 2017 budget hearing

#1  (Ex I-1 to Sept. 2, 2016 verified complaint)
CJA's July 11, 2016 FOIL request
to Criminal Justice Services & Division of the Budget
--
    

“The ‘plan’ to reimburse counties not covered by Judiciary Law §183-a for district attorney salaries: fiscal years 2016-17, 2015-16, and 2014-15”
 

                   
Division of Criminal Justice Services
July 15, 2016 acknowledgment
August 12, 2016 extension
October 26, 2016 extension  
November 10, 2016 extension 
December 12, 2016 extension
January 27, 2017 response letter
Attachments:

(i)
D.A. salary reimbursement plan -- 2016-17
(ii)
Statewide Financial System Records

here-2014-15,
here-2014-15,
here-2014-15
,
here-2014-15,
here-2015-16,
here-2015-16 

(iii)
D.A. salary reimbursement plan -- 2014-15;  2015-16;  2016-17
              

Division of the Budget 
July 25, 2016 acknowledgment 
October 27, 2016 extension 
December 22, 2016 extension 
January 27, 2017 response
Attachments:
(i)
DA. salary reimbursement plan 2016-17
(ii)
Statewide Financial System Records

here-2014-15,
here-2014-15,
here-2014-15,
here-2014-15,
here-2015-16,
here-2015-15
(iii) 

D.A. salary reimbursement plan -- 2014-15
D.A. salary reimbursement plan -- 2015-16
D.A. salary reimbursement plan -- 2016-17

#2  (Ex. J-1 to Sept. 2, 2016 verified complaint)
CJA's July 13, 2016 FOIL request to Comptroller --
"
State Aid to the Counties for District Attorney Salaries
for Calendar Years 2010-2016”
 

 Comptroller's July 20, 2016 acknowledgment letter

Comptroller's July 22, 2016 responding letter
"unable to locate any records that satisfy your request"

 

#3   (Ex. K to Sept. 2, 2016 verified complaint)
CJA's September 1, 2016 FOIL/records Request
to Division of Budget Director; Comptroller, Senate, Assembly,
Criminal Justice Services
-- "Director of the Budget's certificate of approval of the Division of Criminal Justice Services' budget for fiscal year 2016-2017, contained in Aid to Localities Budget Bill #S.6403-d/A.9003-d -- & any certification by the Division of Criminal Justice Services of its own budget"

Legislature
Senate's September 9, 2016 e-mail -- "no documents / records"

Assembly's September 9, 2016 letter -- "no records"


Division of the Budget
September 9, 2016 letter
October 7, 2016 extension
December 22, 2016 extension
November 10, 2017 response
    
enclosure #1   enclosure #2

Comptroller
September 12, 2016 letter
October 11, 2016 extension

Division of Criminal Justice Services
September 7, 2016 e-mail acknowledgment 
October 5, 2016 extension
November 10, 2016 extension
December 10, 2016 extension
February 14, 2017 extension
March 21, 2017 extension
May 18, 2017 extension
June 29, 2017 extension
November 13, 2017 response -- "no records"

 

* * *

2016 FOIL REQUESTS TO THE COUNTIES --
& PRIOR NOTICE TO THEM TO PROTECT THEIR TAXPAYERS & COUNTY BUDGETS, & SUBSEQUENT NOTICE OF THEIR RIGHT TO INTERVENE IN
CJA's CITIZEN-TAXPAYER ACTION

1.
CJA's July 8, 2016 NOTICE to NY's 56 counties
whose judicially-linked D.A. salaries are paid from their county budgets


2.
CJA's July 14, 2016 FOIL request to NY's 56 counties
whose judicially-linked D.A. salaries are paid from their county budgets
--
"Salaries & Other 'Compensation & Non-Salary Benefits' --
for District Attorneys and Other Full-Time Elected County Officers

3.
CJA's August 8, 2016 FOIL Request to NY's 62 counties

"State Aid for District Attorney Salaries"

4.
CJA's September 7, 2016 NOTICE to NY's 62 counties
of their right to seek intervention in CJA's citizen-taxpayer action

 

* * *

CJA's October 7, 2016 FOIL/records request to Gov, Senate & Assembly --
"chapter amendment to the 2016-17 State Budget referred-to by Resolutions #382-2016 & #381-2016 of the Lewis County Board of Legislators, adopted October 4, 2016"

Assembly's October 14, 2016 response & enclosure

See: A.10152    S.7408

Senate's October 17, 2016 response
"no agreed to chapter amendment related to the issue in question"

Governor's October 17, 2016 acknowledgment 

Governor's November 4, 2016 response
"does not possess records responsive to your request"

 

* * *

CJA's January 25, 2018 FOIL request
to the Division of Criminal Justice Services & Division of the Budget
 --
"The 'plan' for reimbursement to counties for district attorney salaries –
and the dollar reimbursement for each county:
 
(1)   Governor Cuomo’s Aid to Localities Budget Bill for fiscal year 2018-2019:  #S.7503/A.9503;
(2)  
Governor Cuomo’s Aid to Localities Budget Bill for fiscal year 2017-2018:  #S.2003-D/A.3003-D

Governor Cuomo's Aid to Localities Budget Bill #S.7503/A.9503

Division of Criminal Justice Services
February 1, 2018 acknowledgment
May 24, 2018 response
 attachment:
D.A. salary reimbursement plan -- 2017-2018

Division of the Budget
February 7, 2018 acknowledgment

 

CJA's February 27, 2019 FOIL request
to Criminal Justices Service & Division of the Budget
 --
"Plan for State Reimbursement to Counties for District Attorney Salaries
for Fiscal Year 2018-2019"


Criminal Justice Services
March 6, 2019 acknowledgment

April 5, 2019 extension
April 12, 2019 response &
attached D.A. salary reimbursement plan -- 2018-2019

Division of the Budget
March 6, 2019 acknowledgement
April 12, 2019 response &
attached D.A. salary reimbursement plan -- 2018-2019

 

CJA's January 29, 2020 FOIL request
to Division of Criminal Justice Services & Division of the Budget --
"The 'plan' for reimbursement to the counties for district attorney salaries --
and the dollar reimbursement for each county: Governor Cuomo's enacted Aid to Localities Bill for fiscal year 2019-2020: #S.1503-D/A.2003-D"

Division of Criminal Justice Services:
February 4, 2020 acknowledgment
March 5, 2020 extension
March 18, 2020 response
& attached D.A. salary reimbursement plan -- 2019-2020

Division of the Budget:
February 6, 2020 acknowledgment
March 6, 2020 extension

 

CJA's July 1, 2020 FOIL request
to Division of Criminal Justice Services & Division of the Budget
--
"The 'plan' for reimbursement to the counties for district attorney salaries --
and the dollar reimbursement for each county: Governor Cuomo's enacted Aid to Localities Bill for fiscal year 2020-2021: #S.7503-C/A.9503-C"

* * *

CJA's February 15, 2019 FOIL request to Senate & Assembly --
"Oversight hearings of NYS' district attorneys & of their salaries & 'state aid'/reimbursement to the counties by any Senate and Assembly committee, in the past 40 years"

Senate's February 25, 2019 response

Assembly's February 25, 2019 response



meanwhile, here's what's been happening with legislative bills
on the district attorney pay issue --


2016 Legislative Session

Senate Bills

1.
 S.7408  S.7408-A  webpage (S)
  introduced April 27, 2016

AMENDING
COUNTY LAW §700.11(c) & ADDING NEW (d)
for 100% state reimbursement to the counties
for D.A. salary increases on & after April 1, 2016


sponsors:  Young, O'Mara, Avella, Akshar, Bonacic,
Carlucci, Farley, Gallivan, Larkin, Marchione, Ortt, Ritchie, Seward, DeFrancisco,
Funke, Griffo, Little, Murphy, Ranzenhofer, Serino, Valesky

April 27, 2016 -- referred to Senate Committee on Local Government, June 1, 2016 vote: 9-0;
June 1, 2016 -- referred to Finance Committee, June 7, 2016 vote: 34-0;
June 8, 2016 -- Senate Rules Committee, vote: 23-0l
June 14, 2016 -- Senate, vote: 61-0;
June 14, 2016 -- delivered to Assembly,
referred to Ways & Means Committee, where nothing happened with it

2.
S.7417  webpage (S)
introduced April 29, 2016 

AUTHORIZING $1,600,000 for state reimbursement to counties 
for 100% of D.A. increases resulting from 
the Commission on Legislative, Judicial & Executive Compensation

    sponsors: O'Mara; Akshar, Funke, DeFrancisco, Gallivan,
Griffo, Ranzenhofer, Serino, Little Ritchie
April 29, 2016 -- referred to Senate Finance Committee, where nothing happened with it
 
3.
S.7515  webpage (S)   webpage (A)
introduced May 6, 2016
AMENDING JUDICIARY LAW §183-a
to require Office of Court Administration to reimburse the counties
100% for D.A. increases resulting from the Commission on Legislative,
Judcial & Executive Compensation
sponsor: Ranzenhofer
May 6, 2016 -- referred to Senate Judiciary Committee, where nothing happened with it
 
Assembly Bills
1.
A.10151  webpage (A)  webpage (S)
introduced May 13, 2016
AMENDING JUDICIARY LAW §183-a  
to require the state to reimburse the counties 
100% for D.A. salary increases resulting from salary increases
 for supreme court justices or county judges
& appropriating $1,600,000 for increases 
resulting from the Commission on Legislative, Judicial 
& Executive Compensation

sponsor:  Hawley
May 13, 2016 -- referred to Assembly Ways & Means Committee
May 17, 2015: enacting clause striken
 
2.
A.10152  A.10152-A  webpage (A)
introduced May 13, 2016
AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties 100% 
for D.A. salary increases on & after April 1, 2016 -- 
& appropriating $1,600,000 for that purpose
sponsor: Gunther, Lupardo, Warner, Russell, Magee, Skoufis, Hawley, McDonald, Barrett,
Oaks, Blankenbush, Stec, Galef, McDonough, Skartados
May 13, 2016 -- referred to Assembly Ways & Means Committee
May 17, 2016 -- amended
May 17, 2016 -- referred to Assembly Ways & Means Committee, where nothing happened with it
 
3.
A.10432   webpage (A)
introduced May 27, 2016

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration reimburse
the counties for 100% of D.A. salary increases after Jan. 1, 2016 resulting
from Commission on Legislative, Judicial and Executive Compensation

May 27, 2016 -- referred to Assembly Judiciary Committee, where nothing happened with it
 

    * * *
 click here for
CJA's April - June 2016 efforts to securing legislative oversight
over D.A. salaries & the D.A.s

2016 - Counties' push-back to footing the bills for D.A. pay raises --
 & posturing by the legislators about enacting legislation...


* * *

 

2017 Legislative Session

Senate Bill

1.
S.519  webpage (S)
introduced January 4, 2017

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d) 
to require the state to reimburse the counties 
100% for D.A. salary increases on & after April 1, 2016 -- 
& appropriating $1,600,000 for that purpose

sponsors: Young, Akshar, Avella, Bonacic, Carlucci, DeFrancisco, Funke, Gallivan, Griffo,
Kennedy, Larkin, Little, Marchione, Murphy O'Mara, Ortt, Ranzenhofer, Ritchie, Serino, Seward, Valesky

January 4, 2017 -- referred to Senate Finance Committee
May 2, 2017 Senate Finance Committee (at 3mins,19 secs -- "unfunded mandate")
May 2, 2017, May 3, 2017, May 8, 2017 -- 1st, 2nd, 3rd calendar readings
May 22, 2017 -- passed Senate, delivered to Assembly,
May 22, 2017 -- referred to Assembly Ways & Means Committee, where nothing happened

   
Assembly Bills

1.
A.751
 webpage (A)  webpage (S)
introduced January 9, 2017

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d) 
to require the state to reimburse the counties 
100% for D.A. salary increases on & after April 1, 2018 -- 
& appropriating $1,600,000 for that purpose

sponsors: Gunther, Lupardo, Woerner, Jenne, Magee, Skokufis, Barrett, Galef, Hawley,
Oaks, Blankenbush, Stec, McDonald, Jones, Palmesano, Miller B; Barclay, McDonough, Skartados


January 9, 2017 -- referred to Assembly Ways & Means Committee, where nothing happened

2.
A.1707   webpage (A) 
webpage (S)
introduced January 12, 2017

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration reimburse
the counties for 100% of D.A. salary increases after Jan. 1, 2016 resulting
from Commission on Legislative, Judicial and Executive Compensation

sponsors:  Hawley, Barclay, Friend, Butler, Giglio, Crouch, Lawrence, McDonough, Oaks

January 12, 2017 -- referred to Assembly Judiciary Committee, where nothing happened with it

2018 Legislative Session

Senate Bill

1.
S.519-A     webpage (S)
January 3, 2018 -- referred to Senate Finance Committee

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties
100% for D.A. salary increases on & after April 1, 2018 -- 
& appropriating $1,600,000 for that purpose


January 24, 2018 -- amended & recommitted to Senate Finance Committee, where nothing happened


Assembly Bills

1.
A.751-A  
w
ebpage (A)

AMENDING COUNTY LAW §700.11(c) & ADDING NEW (d)
to require the state to reimburse the counties
100% for D.A. salary increases on & after April 1, 2018 --
& appropriating $1,600,000 for that purpose

sponsors: Gunther, Lupardo, Woerner, Jenne, Magee, Skoufis, Barrett, Galef, Hawley,
Oaks, Blankenbush, Stec, McDonald, Jones, Palmesano, Miller B; Barclay, McDonough, Skartados

January 3, 2018 -- referred to Assembly Ways & Means Committee
January 25, 2018 -- amended & recommitted to Assembly Ways & Means Committee, where nothing happened

2.
A.1707  webpage (A)   webpage (S)

January 3, 2018 -- referred to Assembly Judiciary Committee:

sponsors:
 Hawley, Barclay, Friend, Butler, Giglio, Crouch, Lawrence, McDonough, Oaks

AMENDING JUDICIARY LAW §183-a
to require the Office of Court Administration to reimburse the counties
100% for D.A. salary increases after Jan. 1, 2017 resulting
from Commission on Legislative, Judicial and Executive Compensation

May 31, 2018 -- held for consideration in Assembly Judiciary Committee: 13-5 vote

 

* * *

 

And, adding to the reimbursement problem...

2019 Legislative Session

In the Senate

S.4632  webpage (S)

AMENDING COUNTY LAW §700.8
to exempt Hamilton County from the restriction
that counties under 40,000 would have no eligibility for reimbursement for full-time D.A.s

sponsor:  Tedisco

March 18, 2019 introduced & referred to Senate Committee on Local Gov't
June 17, 2019 discharged by Senate Committee on Local Gov't; committed to Senate Rules Committee
June 17, 2019 -- Senate Rules Committee vote: 19-0 [VIDEO  (at 2:52 mins)]
June 17, 2019 -- Senate floor vote: 62-0  [VIDEO 
transcript: pp. 5870-71]
June 17, 2019 -- delivered to Assembly; referred to Assembly Committee on Local Gov'ts
June 20, 2019 -- Passed Assembly; Returned to Senate
December 20, 2019 -- delivered to Gov;
Veto #270

In the Assembly 

A.7215 webpage (A)  webpage (S)

AMENDING COUNTY LAW §700.8
to exempt Hamilton County from the restriction
that counties under 40,000 would have no eligibility for reimbursement for full-time D.A.s

sponsor: Smullen


April 12, 2019 introduced & referred to Assembly Committee on Local Gov'ts
June 18, 2019 referred to Assembly Ways & Means Committee
June 19, 2019 referred to Asembly Rules Committee
June 20, 2019 reported -- substituted by S.4632
June 20, 2019 -- passed Assembly  VIDEO, transcript: pp. 448-450
June 20, 2019 -- returned to Senate
December 20, 2019 -- delivered to Gov; Veto #270

* * *

CJA's June 26, 2020 FOIL request to Senate --
"Senate Bill #S.4632 (Tedisco - March 18, 2019)
'to amend the county law, in relation to the full-time status
of the district attorney of Hamilton county'"

 

CJA's June 26, 2020 FOIL request to Assembly --
"Assembly Bill #S.7215 (Smullen - April 12, 2019)
'to amend the county law, in relation to the full-time status
of the district attorney of Hamilton county'"


CJA's July 1, 2020 FOIL request to Legislative Bill Drafting Commission --
"2019 legislative session: S.4632 & A.7215 'to amend the county law,
in relation to the full-time status of the district attorney of Hamilton county"

* * *

FOIL Requests to OCA to establish the Commission-based judicial salaries
to which district attorney salaries are linked --

CJA's May 15, 2020 FOIL/records request to Office of Court Administration --
"Judicial salaries resulting from the December 24, 2015 Report of the Commission on Legislative, Judicial and Executive Compensation"
(with attached chart)

------------


D.A. salaries in counties (outside NYC) with populations over 500,000,
linked to S. Ct. salaries:
 

$136,700 salary prior to March 31, 2012

As a result of the fraudulent
Aug 29, 2011 report of Commission on Judicial Compensation
April 1, 2012 -- $160,000
April 1, 2013 -- $167,000
April 1, 2014 -- $174,000
April 1, 2015 -- $174,000

As a result of the fraudulent
Dec 24, 2015 report of Commission on Legislative, Judicial & Executive Compensation
April 1, 2016 -- $193,000
April 1, 2017 -- $194,900
April 1, 2018 -- $208,000
April 1, 2019 -- $210,900

D.A. salaries in counties with populations over 100,000
OR, if under 100,000, with full-time D.A.s, linked to County Ct. salaries

Some variations, but here's an example

Increase in D.A. salaries as a result of the fraudulent
Aug 29, 2011 report of Commission on Judicial Compensation
April 1, 2012 -- $147,100 
April 1, 2013 -- $153,500
April 1, 2014 -- $159,900
April 1, 2015 -- $159,900

As a result of the fraudulent
Dec 24, 2015 report of Commission on Legislative, Judicial & Executive Compensation
April 1, 2016 -- $183,400
April 1, 2017 -- $185,200
April 1, 2018 -- $197,600
April 1, 2019 -- $200,400

 

                                                          

 

------------------------------------------------------

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