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S 9387

Relates to removing residency requirements for Ulster county assistant district attorneys

2025 Regular Session Introduced by Michelle Hinchey

Allows Ulster County to hire a resident ADA from Ulster or an adjoining NY county, removing the subdivision residency restriction for that position (immediate effect).

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Bill Summary · S 9387

Summary of Bill S. 9387 (2025-2026) – New York

Title

Relates to removing residency requirements for Ulster County assistant district attorneys

Purpose and intent

This bill amends the public officers law to relax residency requirements specifically for the office of assistant district attorney (ADA) in Ulster County. The aim is to allow individuals who reside within Ulster County or an adjoining county within New York State to hold the position of ADA in Ulster County, even if they do not reside within the subdivision where they perform duties.

Key provisions

  • New provision added (Public Officers Law, Section 3, subdivision 77):
    • In Ulster County, residency requirements are amended so that a person can hold the office of assistant district attorney if they reside in:
    • Ulster County, or
    • An adjoining county within New York State.
    • The residency constraint that a candidate must reside within the political subdivision or municipal corporation for which they are chosen, or within the jurisdiction where duties are performed, is not applicable to Ulster County ADAs under this subdivision.
    • The general residency rule does still apply to ADAs in other counties; i.e., ADAs serving in other counties must reside in that respective county unless otherwise provided by law.
    • The exemption does not apply to:
    • First assistant district attorney, or chief assistant district attorney positions, whose duties include acting as district attorney in the absence or incapacity of the DA.
  • Effective date: Immediately upon enactment.

Who is affected

  • Primary beneficiaries:
    • Prospective and current assistant district attorneys for Ulster County, New York, who reside in Ulster County or an adjacent New York county.
  • Who remains governed by existing rules:
    • Assistant district attorneys in counties other than Ulster must continue to meet the county-specific residency requirements.
    • First Assistant District Attorney and Chief Assistant District Attorney positions retain existing residency and duty-assumption provisions.

Procedural and timeline aspects

  • Introduction and sponsor:
    • Introduced by Senator Hinchey (Sen. HINCHEY); co-sponsored by Sen. Michelle Hinchey.
  • Committee and readings:
    • Referred to the Senate Committee on Investigations and Government Operations.
    • Advanced through the legislative process with multiple committee reports and readings in 2026 (as indicated by the action history: 1st Report, 2nd Report, Advanced to Third Reading).
  • Effective date:
    • Immediate upon enactment.

Potential impacts and considerations

  • Administrative impact: May simplify recruiting or appointment processes for Ulster County ADAs by permitting a broader pool of qualified applicants who reside in adjacent counties.
  • Local governance: Aligns residency flexibility with local staffing needs, potentially improving retention and staffing levels for Ulster County DA’s office.
  • Equity and consistency: Maintains clear boundaries by preserving residency requirements for ADAs in other counties and for higher-ranking positions (first/chief ADAs).
  • Contingent considerations: If neighboring counties’ residency laws or cross-border employment agreements change, implications for hiring practices in Ulster County may follow.

Summary

Bill S.9387 amends the public officers law to allow Ulster County to hire or appoint an assistant district attorney who resides in Ulster County or an adjoining New York county, removing the previously applicable residency restriction for Ulster’s ADA position. The measure preserves existing residency rules for ADAs in other counties and for higher-ranking DA staff, and it takes effect immediately upon enactment.

Compiled from official sources — confirm details with the bill’s official record.

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