[Adopted 8-24-1982 by L.L. No. 16-1982 (Ch. 35, Art. II,
of the 1985 Code)]
This Legislature hereby finds that elected officials of the
County of Suffolk are potentially personally liable for errors or
omissions in the discharge of their duties. This potential financial
burden discourages highly qualified people from seeking elected positions
in the County of Suffolk. This Legislature intends to exercise its
power to indemnify and hold harmless its elected officials who, in
the future, may be charged with violating the law in the performance
of their duties. The costs associated with such a policy shall be
deemed additional remuneration necessary to encourage and induce highly
qualified people to seek elected positions in the County of Suffolk.
As used in this article, unless the context otherwise requires,
the following terms shall have the meanings indicated:
The County of Suffolk.
Any person elected to a position in the service of the County
of Suffolk.
The Suffolk County Legislature.
A.
The County shall indemnify and save harmless its elected officials
in the amount of any judgment obtained against such elected officials
in a state or federal court or in the amount of any settlement of
a claim, provided that the act or omission from which such judgment
or claim arose occurred while the elected official was acting within
the scope of his public employment or duties, and provided further
that, in the case of a settlement, the duty to indemnify and save
harmless shall be conditioned upon the approval of the amount of settlement
by the Legislature, which approval shall not include the vote of any
elected official who is a party in such a settlement.
B.
Except as otherwise provided by law, the duty to indemnify and save
harmless prescribed by this section shall not arise where the injury
or damage resulted from intentional wrongdoing or recklessness on
the part of the elected official.
C.
Nothing in this section shall authorize the County to indemnify or save harmless an elected official with respect to punitive or exemplary damages, fines or penalties, or money recovered from an elected official pursuant to § 51 of the General Municipal Law.
D.
Upon entry of a final judgment against the elected official or upon
the settlement of a claim, the elected official shall serve a copy
of such judgment or settlement, personally or by certified or registered
mail, within 30 days of the date of entry or settlement, upon the
chief executive officer of the County; and if not inconsistent with
the provisions of this section, the amount of such judgment or settlement
shall be paid by the County.
The duty to indemnify and save harmless prescribed by this article
shall be conditioned upon:
A.
Delivery by the elected official to the Suffolk County Attorney of
the original or a copy of the summons, complaint, process, notice,
demand or pleading within 10 days after he is served with such document;
and
B.
The full cooperation of the elected official in the defense of any
action or proceeding against the County based upon the same act or
omission and in the prosecution of any appeal.
The benefits of this article shall inure only to elected officials as defined herein and shall not enlarge or diminish the rights of any other party. This article shall not in any way affect the obligation of any claimant to give notice to the County under § 10 of the Court of Claims Act, § 50-e of the General Municipal Law or any other provision of law.
The County is hereby authorized and empowered to purchase insurance
from any insurance company created by or under the laws of the State
of New York, or authorized by law to transact business in the State
of New York, against any liability imposed by the provisions of this
article, or to act as a self-insurer with respect thereto. All payment
made under the terms of this article, whether for insurance or otherwise,
shall be deemed to be for a public purpose and shall be audited and
paid in the same manner as other public charges. The provisions of
this article shall not be construed to impair, alter, change or modify
the rights and obligations of any insurer under any policy of insurance.
Except as otherwise specifically provided by this article, the
provisions of this article shall not be construed in any way to limit,
alter, impair, modify, abrogate or restrict any immunity to liability
available to or conferred upon any elected official in accordance
with, or by reason of, any other provision of state or federal statutory
or common law.
Benefits granted to elected officials by this article shall
supplement, or be available in addition to, benefits or indemnification
protection offered by other enactments by the State of New York or
the County of Suffolk. The provisions of this article shall apply
to all actions and proceedings specified herein which have been commenced,
instituted or brought on or after the effective date of this article.
