New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 34 - Guidelines For New York State Court Facilities
Section 34.2 - Reimbursement for cleaning of court facilities
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 34.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Purpose. The purpose of this section is to give effect to the provisions of section 39-b of the Judiciary Law.
(b) Definitions. For purposes of this section, the definitions set forth in section 34.1(c) of this Part shall apply. In addition, the following terms shall have the meanings herein provided:
(1) The term
court facilities shall mean facilities for the transaction of business by the
State-paid courts and court-related agencies of the Unified Court System and
the judicial and nonjudicial personnel thereof, including rooms and
accommodations for the courts and court- related agencies of the Unified Court
System, the judges, justices and the clerical, administrative and other
personnel thereof.
(2) The term cleaning of court
facilities shall mean those services and activities that are necessary to
insure that the interior of each court facility is and remains a clean and
healthful environment in which to transact the business of the Unified Court
System. These services and activities include, but are not limited to: removal
of trash and debris; maintenance of appropriate standards of hygiene; painting;
pest control; and replacement of consumable items such as light bulbs, soap,
toilet paper and paper toweling. They also shall include the making of minor
repairs.
(3) The term
minor repairs shall mean such repairs as are required to replace a part or put
together what is torn or broken, or to restore a surface or finish, where such
repairs will preserve and/or restore a court facility to full functionality;
and shall include only:
(i)
painting, carpeting, and other resurfacing of, or finish work related to, or
renovation of, the interiors of spaces used by the Unified Court System;
and
(ii) a uniform
percentage of other building maintenance costs, said percentage to be
established for each State fiscal year by the chief administrator. The chief
administrator may set a different percentage for a particular political
subdivision upon a showing that minor repairs constitute a greater percentage
of other building maintenance costs in that political subdivision than the
uniform percentage established by the chief administrator.
(4) The term political
subdivision shall include each county of the State outside the City of New York
and each city of the State.
(c) Contracts with political subdivisions.
(1) Each
political subdivision shall enter into a contract with the Unified Court System
pursuant to which such political subdivision shall provide for the cleaning of
court facilities located therein and the state shall reimburse the political
subdivision for its actual expenditures therefor.
(2) Each contract entered
hereunder shall require the political subdivision:
(i) to comply with the maintenance and
operation standards for court facilities prescribed by section
34.1 of this Part; and
(ii) annually, on a form to be
prescribed by the chief administrator of the courts and in accordance with such
deadline as he or she may fix, to submit to the chief administrator a proposed
itemized budget scheduling those expenditures it projects it will incur during
the State fiscal year commencing April 1st next thereafter for the cleaning of
its court facilities.
(3) The chief administrator shall review
each proposed itemized budget submitted pursuant to paragraph (2) of this
subdivision. Following such review, he or she shall notify the political
subdivision submitting such budget of the expenditures scheduled therein that
have been approved. To the extent practicable, such notification shall be given
not later than March 1st preceding commencement of the State fiscal year in
which the expenditures are to be incurred.
(4) Notwithstanding the foregoing, the
State shall not reimburse a political subdivision for any expenditure during a
State fiscal year for the cleaning of its court facilities where:
(i) the need therefor is due to
the political subdivisions failure to follow generally accepted preventive
maintenance policies and procedures; or
(ii) such expenditure is incurred to pay
for cleaning that is undertaken in lieu of replacement of a building system
that, in accordance with the political subdivisions normal and usual policies,
procedures and practices, should be replaced; or
(iii) such expenditure was not
approved for such fiscal year pursuant to paragraph (3) of this subdivision,
unless the need therefor was triggered by a sudden and unexpected failure or by
some accident or external force, resulting in a situation that adversely
affects the suitability and sufficiency of the court facilities for the
dignified transaction of the business of the courts, in which event the State
shall reimburse the political subdivision for the amount of the expenditure up
to $15,000 (and, notwithstanding any other provision of this section, the
political subdivision may include any unreimbursed balance of the expenditure
on the proposed itemized budget it submits for the next State fiscal year
pursuant to paragraph [2] of this subdivision); or
(iv) pursuant to the laws,
rules and regulations to which the political subdivision is subject, and its
own normal and usual policies, procedures and practices, such expenditure is
being or could be bonded.
(5) Where a political subdivision incurs
an expenditure for the cleaning of a court facility that is part of a combined
occupancy structure, as that term is defined in section
1676 of
the Public Authorities Law, and such cleaning benefits portions of the
structure used for purposes not directly or indirectly related to the function
of the court facility, the State shall reimburse the political subdivision only
for so much of the expenditure as can be attributed to its benefit to the court
facility.
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