§ 1020-BB — Exculpation

New York § 1020-BB

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 1-A: Long Island Power Authority
• Art. 5: Public Utility Authorities

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§ 1020-bb. Exculpation. 1. The trustees and officers of the authority,\nwhile acting within the scope of their authority as trustees or\nofficers, shall not be subject to any personal or civil liability\nresulting from the exercise, carrying out or advocacy of any of the\nauthority's purposes or powers, unless the conduct of the trustees or\nofficers is finally determined by a court of competent jurisdiction to\nconstitute intentional wrongdoing.\n 2. The provisions of section seventeen of the public officers law\nshall apply to trustees and officers of the authority, in connection\nwith any and all claims, demands, suits, actions or proceedings which\nmay be made or brought against any of them arising out of any\ndeterminations made or actions taken or omitted to be taken in\ncompliance with any obligations under or pursuant to the terms of this\ntitle.\n 3. Notwithstanding any other provisions of law to the contrary, the\nprovisions of section eighteen of the public officers law shall apply to\nthe employees of the authority, in connection with any and all claims,\ndemands, suits, actions or proceedings which may be brought against any\nof them arising out of any determinations made or actions taken or\nomitted to be taken in compliance with any obligations under or pursuant\nto the terms of this title. Whenever the provisions of section seventeen\nof the public officers law do not apply to the trustees and officers of\nthe authority, the provisions of section eighteen of the public officers\nlaw shall apply to such trustees and officers.\n 4. Any costs incurred by the state in accordance with subdivision two\nof this section shall be treated as advances by the state to the\nauthority, and shall be repaid to it without interest either out of the\nproceeds of bonds issued by the authority pursuant to the provisions of\nthis title, or by the delivery of non-interest bearing bonds of the\nauthority to the state for all or any part of such advances, or out of\nexcess revenues of the authority, at such times and on such conditions\nas the state and the authority mutually may agree upon. Any agreement\nentered into by the state and the authority for the repayment of any\ncosts incurred pursuant to subdivision two of this section, shall be\nsubject to the approval of the public authorities control board.\n 5. As used in this section, the terms "trustee", "officer" and\n"employee" shall include a former trustee, officer or employee and his\nor her estate or judicially appointed personal representative.\n