Judicial Compensation in New York: A National Perspective, Report

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48 JUDICIAL COMPENSATION IN NEW YORK: A NATIONAL PERSPECTIVE §3. Subdivision (f) of section 110 of the New York city civil court act, as amended by chapter 324 of the laws of 2001, is amended to read as follows: (f) The housing judges shall be appointed by the administrative judge from a list of persons selected annually as qualified by training, experience, judicial temperament and knowledge of federal, state and local housing laws and programs by the advisory council for the housing part. The annual salary of a housing judge shall [be one hundred fifteen thousand four hundred dollars] equal an amount representing ninety-five percent of the annual salary of a judge of the New York city civil court. §4. (a) The legislature recognizes that it has been nearly a decade since the annual salaries of high-ranking executive branch officials and members of the legislature last were adjusted. This section is for the purpose of permitting representatives of government and the community with experience in matters involving executive compensation, human resource administration and financial management to determine such adjustments as may be appropriate to insure that the compensation paid these public officials is adequate to continue attracting able individuals to such service while respecting the state’s limited resources. (b) There shall be established a special commission on executive and legislative compensation to examine, evaluate and make recommendations with respect to the level of compensation for the governor, lieutenant governor, attorney-general, comptroller and those state officers referred to in section one hundred sixty-nine of the executive law, effective April first, two thousand five; and for members of the legislature, effective January first, two thousand seven. (c) In discharging its responsibilities under subdivision (b), the commission shall take into account all appropriate factors including, but not limited to: the overall economic climate; inflation and changes in public sector spending since January first, nineteen hundred ninety-nine; the levels of compensation received by legislators and other high-ranking government officials of other states and of the federal government; the levels of compensation received by professionals in government, academia and private and nonprofit enterprise; and the state’s ability to fund increases in compensation. (d) The commission shall consist of thirteen members to be appointed as follows: four shall be appointed by the governor; two shall be appointed by the temporary president of the senate; one shall be appointed by the minority leader of the senate; two shall be appointed by the speaker of the assembly; one shall be appointed by the minority leader of the assembly; and three shall be appointed by the chief judge of the state. Of the members appointed by an official hereunder, where such official has more than one such appointment, at least one-half (at least a majority, in the case of the governor) shall not be employees of the state or any political subdivision thereof, and at least one-half shall not be members of the bar of the state. The governor shall designate the chair from among the members so appointed. Vacancies in the commission shall be filled in the same manner as an original appointment. To the extent practicable, members of the commission shall have experience in one or more of the follow-
REPORT TO THE CHIEF JUDGE OF THE STATE OF NEW YORK 49 ing: determination of executive compensation, human resource administration and financial management. (e) The commission may meet within and without the state, may hold public hearings and shall have all the powers of a legislative committee pursuant to the legislative law. (f) The members of the commission shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder. (g) No member of the commission shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment hereunder, notwithstanding the provisions of any general, special or local law, regulation, ordinance or city charter. (h) To the maximum extent feasible, the commission shall be entitled to request and receive and shall utilize and be provided with such facilities, resources and data of any court, department, division, board, bureau, commission, agency or public authority of the state or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties hereunder. (i) The commission may employ and at its pleasure remove such personnel as it may deem necessary for the performance of its functions and fix compensation within amounts made available therefor by budgetary appropriation. (j) The commission shall make a report to the governor, the legislature and the chief judge of the state of its findings, conclusions and recommendations as to levels of compensation for the governor, lieutenant governor, attorney-general, comptroller, those state officers referred to in section one hundred sixty-nine of the executive law and members of the legislature not later than December first, two thousand six. Effective on the first day of January next thereafter, the levels of compensation recommended by the commission, except those applying to the governor and lieutenant governor, shall have the force of law and shall supersede inconsistent provisions of subdivision one of section forty, section sixty and paragraph (a) of subdivision two of section one hundred sixty-nine of the executive law and subdivision one of section five of the legislative law unless sooner modified or abrogated by statute; except that, if the commission recommends one or more retroactive salary adjustments, to a date or dates not prior to April first, two thousand five, such increase or increases shall be given effect as of the date or dates specified by the commission. (k) Upon the making of its report as provided in subdivision (j) of this section, the commission established hereunder shall be deemed dissolved. §5. (a) Effective on the first day of April of every fourth year, commencing April first, two thousand seven, there shall be established for such year a commission on executive, legislative and judicial compensation to examine, evaluate and make recom-
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