N.Y. Comp. Codes R. & Regs. tit. 22 § 34.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 34.2 - Reimbursement for cleaning of court facilities

(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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 34.2