What is New York Public Officer Law 17, and What do I do if I get a Letter from the Attorney General about New York Public Officer Law 17?
Introduction to New York Public Officer Law 17
New York Public Officer Law 17 is a crucial piece of legislation that plays an indispensable role in the protection of public officials in New York State. This legislation offers defense and indemnification to public officers when they find themselves in a legal quagmire due to acts they've undertaken while discharging their duties.
The Protective Measures of Law 17
Understanding the scope of protection is paramount. New York Public Officer Law 17 primarily ensures that a public officer is granted defense by the state in any civil action or proceeding arising from any act done while performing their official duties, given these actions were not undertaken with malice or intent to harm.
If you are named in a lawsuit, for acts or omissions committed while a Public Officer (i.e. state employee), the State of New York will defend you, or if there is a conflict of interest, pay for your legal defense. This typically only applies to civil matters, not criminal.
If you are served with a lawsuit relating to your position as a New York State Employee or Public Officer, you must immediately contact the Attorney General’s Office. They will conduct a conflict check and determine whether the Attorney General will represent you, or if you will need to hire a private attorney, paid for by the State of New York, to represent you.
Key Provisions of the Law
Indemnification: The state promises to indemnify and save harmless its public officers in case they are personally liable for damages, as a result of any judgment, settlement, or compromise.
Defense Provision: If a public officer is subjected to a lawsuit or claims arising from their official duties, the state promises to provide a defense, unless the act was committed with malicious intent.
Reimbursement: Should a public officer choose to get their own private counsel, they may be reimbursed for the litigation expenses, given that it's approved by the state.
Deciphering a Letter from the Attorney General
If you've received a letter from the Attorney General concerning New York Public Officer Law 17, it's essential to grasp its implications. Typically, this letter will either inform you of the state's intention to defend you in a legal matter or seek information concerning the incident leading to the legal action.
Steps to Take After Receiving the Letter
Review the Letter Thoroughly: Ensure you understand the content, the context, and the requests or directives.
If the Attorney General’s Office cannot represent you, for example if there is a conflict (eg. the AG is representing your Agency or another Officer), the State will pay for your private attorney.
Contact Sam Breslin: Even if the state offers to defend, it's always wise to consult with a personal attorney to ensure your interests are protected.
Respond Promptly: Delays can complicate matters. Adhere to any deadlines or requests made in the letter.
Cooperate Fully: Provide all necessary documents or information that might help in the defense process.
Stay Updated: Regularly liaise with the Attorney General's office or your private counsel to remain informed on the progress of the defense.
New York Public Officer Law 17 is a protective shield for public officers, ensuring they can execute their duties without the looming fear of undue litigation. This legislation is a testament to the importance of public service and the state's commitment to protecting its officers. However, understanding this law and its provisions is essential, as is knowing the right steps to take when faced with a letter from the Attorney General.