last updated: Thursday, July 1, 2004
Section 17 of the NYS Public Officers Law provides that the NYS Attorney General will defend employees should they become involved in litigation if such litigation pertains to an incident involving their duties as long as the employee(s) did not intentionally engage in wrong doing. This protection is also extended to SUNY Associates and volunteers expressly authorized to participate in a state-sponsored volunteer program. Evidence of this authorization includes a volunteer appointment record in accordance with campus procedures and an oath of office executed by the SUNY Associate or other volunteers.
In order to secure this protection, employees, SUNY Staff Associates, and volunteers must notify their campus Human Resources Office immediately following the service of any subpoena or other legal paper on them for anything related to their duties and responsibilities to ensure the timely notice (within 5 days) to the NYS Attorney General's Office. Immediately upon receipt of any such notice, the campus Human Resources Department must notify the Office of University Counsel of the State University of New York (SUNY Counsel's Office). At the same time, the campus should forward copies of the original or a copy of any summons, complaint, process, notice, demand or pleading, along with any available document(s) relating to the incident giving rise to the legal proceeding, to the SUNY Counsel's Office:
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Office of University
Counsel |
SUNY Counsel's Office will work with the NYS Attorney General's Office in the adjudication of such matters.
Reference(s):
NYS
Public Officers' Law (Scroll to Section 17)
http://assembly.state.ny.us/leg/?cl=94&a=3