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A10773Assembly2009-2010 SessionSame asS2852

Expands the definition of "employee" for the purposes of defense and indemnification of certain nonjudicial employees

Sponsor Richard GottfriedAD-75Affects Legal
Status
Assembly Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via S2852

What's happening

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Who cares

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Sponsors

Primary sponsor
Richard Gottfried

Assembly Member · Assembly District 75

No co-sponsors yet.

History

  1. Substituted by S2852
  2. Rules report cal.540
  3. Reported
  4. Reported referred to rules
  5. Reported referred to ways and means
  6. Reported referred to codes
  7. Reference changed to governmental employees
  8. Referred to governmental operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2852Senate

Expands the definition of "employee" for the purposes of defense and indemnification of certain nonjudicial employees

Signed by Governor · Sponsor John L. Sampson

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10773

Title of bill

An act to amend the public officers law, in relation to expanding the definition of "employee" for the purposes of defense and indemnification of certain nonjudicial employees

This measure is being introduced at the request of the Judiciary.

This measure would amend section 17(1) of the Public Officers Law to entitle persons who serve in the New York City Civil Court Housing Part's guardian ad litem program to defense and indemnification under section 17.

Since 2003, the Civil Court has operated a special program within its Housing Part to maintain a pool of guardians ad litem to protect the interests of litigants whom, by reason of mental illness or age, the Court deems incapable of understanding the nature and consequences of proceedings brought against them. To become part of this pool, a person must apply to the Housing Court and receive training from the Office of Court Administration and Civil Court staff. Guardians ad litem who qual- ify in this manner and who serve in the program are paid a flat per case fee by New York City's Human Resource Administration.

In 2006, the State Attorney General rendered his opinion that, under present law, the compensated guardians ad litem serving under this special Civil Court program are not entitled to State-provided defense and indemnification in actions brought against them for their acts or omissions while serving in this capacity. As a result, these guardians are personally responsible for answering damage claims brought by those whose interests they have represented. See CPLR 1202(c) (requiring that each guardian ad litem submit an affidavit "...stating facts showing his ability to answer for any damage sustained by his negligence or miscon- duct"). Combining the relatively minimal compensation to which these guardians are entitled with this personal exposure in damages, however, is having the effect of chilling interest to take on these important assignments representing the interests of those among the most vulner- able persons in the New York City community. Accordingly, this measure would remove this disincentive and foster greater interest in the Civil Court's program.

This measure, which would have only a negligible fiscal impact upon the State, would take effect immediately.

2008 LEGISLATIVE HISTORY: OCA 2008-115 Senate 8492 (Sen. O. Johnson) (Rules)

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.