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

§ 374-a. Traffic prosecutor selection and oversight. (a) The executive
director of the Buffalo 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-a  of  section  three  hundred
seventy-one of this article, to be heard, tried or otherwise disposed of
by the Buffalo 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 Buffalo city court if the traffic violation occurred in the city  of
Buffalo.  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 Buffalo  city  court  on
any  matter  relating  to  traffic violations and are further prohibited
from appearing in any capacity other than as a traffic prosecutor in any
other court or administrative tribunal on any matter relating to traffic
violations.
(b) The mayor of the city of Buffalo shall appoint a person  to  serve
as  the  executive  director  of  the  Buffalo traffic violations agency
subject to the confirmation  of  the  common  council  of  the  city  of
Buffalo.  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 Buffalo 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 article 20 of the Buffalo City Charter,  the  city  of
Buffalo  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  Buffalo  traffic
violations agency.