[Adopted 12-28-1982 by L.L. No. 3-1983 (Ch. 35, Art. III,
of the 1985 Code)]
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:
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 County of Suffolk.
A.
The County shall indemnify and save harmless such appointees in the
amount of any judgment obtained against such employees in a state
or federal court or in the amount of any settlement of a claim, provided
that the error or omission from which such judgment or claim arose
occurred while the appointee was acting within the scope of the duties
encompassed in his appointment, 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.
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 appointee.
C.
Nothing in this section shall authorize the County to indemnify or save harmless an appointee with respect to punitive or exemplary damages, fines or penalties or money recovered from an appointee pursuant to § 51 of the General Municipal Law.
D.
Upon entry of a final judgment against the appointee or upon the
settlement of a claim, the appointee 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 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.
