§ 1021-O — Limitation of liability; indemnification

New York § 1021-O

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 1-B: North Country Power Authority
• Art. 5: Public Utility Authorities

Text

§ 1021-o. Limitation of liability; indemnification. 1. The directors,\nofficers and employees of the authority, while acting within the scope\nof their authority as directors, officers or employees, shall not be\nsubject to any personal or civil liability resulting from the exercise,\ncarrying out or advocacy of any of the authority's purposes or power\nunless the conduct of the directors, officers or employees is finally\ndetermined by a court of competent jurisdiction to constitute\nintentional wrongdoing or recklessness.\n 2. The provisions of section eighteen of the public officers law shall\napply to directors, officers and employees of the authority in\nconnection with any and all claims, demands, suits, actions or\nproceedings which may be made or brought against any of them arising out\nof any determinations made or actions taken or omitted to be taken in\ncompliance with any actions taken pursuant to the powers of this title.\n 3. As used in this section, the terms "director", "officer" and\n"employee" shall include a former director, officer or employee and his\nor her estate or judicially appointed personal representative.\n 4. Nothing in this section shall limit the obligations of a\n"director," "officer," or "employee" of the authority or of a subsidiary\nof the authority as a "person required to collect tax," as such term is\ndefined in article twenty-eight of the tax law, if such director,\nofficer or employee is, or was, under a duty to act for the authority or\nsubsidiary, or both, as the case may be, in complying with any\nrequirement of article twenty-eight or related provision of article\ntwenty-nine of the tax law.\n