§ 6-2. Organization., Chapter 6. Traffic Violations Bureau, Code of Ordinances, Brookhaven

The Traffic Violations Bureau, except for those matters set forth in § 6-2D below, shall be in charge of such hearing officers, referred to in § 6-1 above, and shall be open at such hours as the Town Board may designate.

The Commissioner of Public Safety or his designee shall be responsible for the administration of and promulgation of rules and regulations for the Bureau, except for those matters set forth in § 6-2D below.

The Town Attorney, or an authorized designee, shall be a member of the Parking Violations Bureau to perform such duties and functions as indicated in the rules and regulations prescribed for the Bureau.

Qualifications of hearing officers.

(1)

The hearing officers shall not be employees of the Town of Brookhaven, except to the extent that they shall be entitled to such per-diem compensation established by the Town Board, and shall be appointed by the Town Board.

(2)

The hearing officers shall have the following minimum qualifications:

(a)

Five years' experience as a judge, magistrate, hearing officer, court attorney referee or a principal law clerk in the County or Supreme Court in the New York State Unified Court System or in the United States District Court for the Eastern or Southern District of New York; or

(b)

Five years of experience as a "Prosecutor" as that term is defined by § 1.20(31) of the Criminal Procedure Law of the State of New York, as an attorney with the Legal Aid Society of Suffolk County, as a member of the Assigned Counsel Defendant Plan of Suffolk County or a member of the Federal Defendant Panel for the United States District Court for the Eastern or Southern District of New York or any combination of such positions totaling five years.

(3)

The qualifications of candidates for hearing officers shall be reviewed by the Town Attorney and approved by her/him for appointment by the Town Board.

(4)

The assignment of hearing officers shall be rotated through the list of hearing officers appointed by the Town Board in a manner which will provide for a fair and equal number of assignments of those hearing officers.

The District Court of the County of Suffolk shall have no responsibility with regard to the staffing or financing of such Bureau.