Does a New York municipality have to pass a local law to adopt Public Officers Law § 18 defense and indemnification for its employees, or can a resolution do it?

Plain-English summary

The Town of Brookfield asked whether it needed a local law to implement Public Officers Law § 18's defense and indemnification scheme for municipal employees, or whether a resolution would suffice.

The AG said either works. Section 18(2)(a) says a local legislative body may confer § 18 benefits by "law, bylaw, resolution, rule or regulation." Resolution is expressly listed.

An earlier AG opinion explained that a municipality could adopt § 18's procedures and benefits or establish its own local defense and indemnification scheme. The 2000 opinion clarifies that a resolution suffices for the § 18 option.

The practical point for a local legislative body considering § 18 is that it may choose a resolution to confer the statutory benefits. The opinion does not analyze the steps needed to pass that resolution.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does Public Officers Law § 18 actually do?

The AG describes § 18 as a comprehensive scheme for defense and indemnification of municipal employees in civil actions and proceedings. This opinion addresses how to adopt it, not the details of individual coverage.

Why not always use a local law instead?

The opinion does not compare the procedures for passing a local law and a resolution. It concludes that either form can implement § 18.

What is the alternative local scheme that 86-5 mentioned?

The earlier opinion, as described here, said a municipality could establish a local defense and indemnification scheme or adopt § 18's procedures and benefits. This opinion does not compare the schemes' terms.

Does the resolution have to identify § 18 specifically?

The opinion does not prescribe resolution wording. It quotes § 18(2)(a)'s authority to confer the statute's benefits through a resolution.

Can a single resolution cover all current and future employees?

The opinion does not address when adoption takes effect, how long it lasts, repeal, or coverage of employees hired later. It decides only that a resolution may implement § 18.

Background and statutory framework

Public Officers Law § 18 provides the municipal employee defense and indemnification scheme discussed in the opinion. Section 18(2)(a) lists the forms a local legislative body may use to confer its benefits.

The AG mentioned a separate option to enact a local defense and indemnification scheme by local law. It did not compare existing municipal practices or explain how multiple schemes interact.

Op Atty Gen (Inf) No. 86-5 explained the choice between adopting § 18 and crafting a local scheme. The 2000 opinion adds the procedural-form clarification, completing the picture for municipalities considering the question.

Citations

• Public Officers Law § 18 (municipal defense and indemnification scheme).
• Public Officers Law § 18(2) (adoption by local legislative body).
• Public Officers Law § 18(2)(a) (forms of adoption: law, bylaw, resolution, rule, regulation).
• Op Atty Gen (Inf) No. 86-5 (choice between § 18 and local scheme).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-7_pw.pdf

Original opinion text

Opn. No. 2000-7
PUBLIC OFFICERS LAW § 18.
Defense and indemnification of local employees pursuant to section 18 of the Public Officers Law may be adopted by a local legislative body by either resolution or local law. May 23, 2000 Andrew M. Dunn, Esq. Town Attorney Town of Brookfield P.O. Box 58 Oneida, NY 13421

Informal Opinion
No. 2000-7

Dear Mr. Dunn:
You have asked whether a municipality must enact a local law to implement the provisions of section 18 of the Public Officers Law providing for defense and indemnification of local employees or whether passage of a resolution is sufficient. We conclude that a municipality may apply section 18 by either enacting a local law or passing a resolution. Your inquiry is based on Informal Opinion No. 86-5, in which we explained that a municipality may authorize and establish a local scheme for defense and indemnification, or alternatively may adopt the procedures and confer the benefits of section 18 of the Public Officers Law. Section 18 of the Public Officers Law provides a comprehensive scheme for defense and indemnification of municipal employees in civil actions and proceedings. The legislative body of a municipality may adopt a local "law, bylaw, resolution, rule or regulation" to confer the benefits of section 18 upon its employees. Public Officers Law § 18(2)(a). Alternatively, as explained in Informal Opinion No. 86-5, a municipality may enact a local law establishing a local scheme for defense and indemnification of its employees. We conclude that, based on the express language of Public Officers Law §18(2), implementation of section 18 of the Public Officers Law to provide defense and indemnification of local employees may be accomplished by either resolution or local law. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours, JAMES D. COLE Assistant Solicitor General In Charge of Opinions