Members of the public are periodically appointed to advisory
bodies by the County Executive. Members of such bodies may be subject
to liability for errors and/or omissions arising out of their participation.
Such potential liability discourages participation of qualified individuals.
As used in this article, the following terms shall have the
meanings indicated:
APPOINTEE
Any person appointed by the County Executive as a member
of a public board or commission to advise and/or assist the County
of Suffolk.
The duty to indemnify and save harmless prescribed by this article
shall be conditioned upon:
A. Delivery by the appointee 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 appointee 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 appointees 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 payments
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 appointee in accordance with, or
by reason of, any other provision of state or federal statutory or
common law.
Benefits granted to appointees 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.