2023 New York Laws › GMU - General Municipal › Article 14-B - Traffic Violations Bureaus › 374-B - Traffic Prosecutor Selection and Oversight.

§ 374-b. Traffic prosecutor selection and oversight. (a) The executive
director  of the Rochester traffic violations agency, appointed pursuant
to subdivision (b) of this section, shall select and may  contract  with
or  hire  one  or  more  persons who are attorneys, duly admitted to the
practice of law in New York state for the  prosecution  of  any  traffic
infraction,  except  those  described  in paragraphs (a), (b), (c), (d),
(e),  (f)  and  (g)  of  subdivision  two-b  of  section  three  hundred
seventy-one of this article, to be heard, tried or otherwise disposed of
by  the  Rochester  city  court. Such persons shall be known as "traffic
prosecutors", as that term is defined in section three hundred seventy-a
of this article. Traffic prosecutors shall have  the  same  power  as  a
district attorney would otherwise have in the prosecution of any traffic
infraction  which  may,  pursuant  to  the  jurisdictional provisions of
section three hundred seventy-one of this article, be prosecuted  before
the  Rochester  city court if the traffic violation occurred in the city
of Rochester. The executive director shall give active consideration  to
requiring  that  such  traffic  prosecutors  serve on a full-time basis.
Traffic prosecutors are prohibited from appearing in any capacity  other
than  as a traffic prosecutor in any part of the Rochester city court on
any matter relating to traffic violations.
(b) The mayor of the city of Rochester shall appoint a person to serve
as the executive director of the Rochester  traffic  violations  agency.
The  executive  director  shall  be  responsible  for  the oversight and
administration of the agency. The executive director is prohibited  from
appearing in any capacity in any part of the Rochester city court on any
matter  relating  to  traffic  violations and is further prohibited from
appearing in any capacity in any other court or administrative  tribunal
on any matter relating to traffic violations.
(c)  It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing  officer  assigned  to  hear  traffic
violations  cases  pursuant  to  section  sixteen  hundred ninety of the
vehicle and traffic law to establish  any  quota  of  traffic  violation
convictions which must be obtained by any traffic prosecutor or judicial
hearing  officer.  Nothing contained herein shall prohibit the taking of
any job action against a traffic prosecutor or judicial hearing  officer
for failure to satisfactorily perform such prosecutor's or officer's job
assignment except that the employment productivity of such prosecutor or
officer  shall not be measured by the attainment or nonattainment of any
conviction quota. For the purposes of this section  a  conviction  quota
shall  mean  a  specific  number  of  convictions which must be obtained
within a specific time period.
(d) Pursuant to section 3-9 of the charter of the city  of  Rochester,
the  city  of  Rochester may appropriate those monies which, in its sole
discretion, are necessary for the compensation of those persons selected
to serve as executive director and traffic prosecutors and to cover  all
other  expenses  associated  with  the  administration  of the Rochester
traffic violations agency.