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

BILL NUMBER:S2852

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 qualify 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 misconduct"). 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 vulnerable 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)