NYCL AGO 96-F5.

• Case Date: April 02, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-F5. April 2, 1996Formal Opinion No. 96-F5Hon. Richard P. MillsCommissioner No. 96-F5 NYS Department of Education Education Building Albany, NY 12234EDUCATION LAW § 6510(7); PUBLIC OFFICERS LAW § 17; L 1981 CH 228; L 1980 CH 866.Members of architectural and engineering professional associations who have served as auditors for New York City under its "professional certification option" are entitled to defense and indemnification by the State when they testify at the request of the Education Department at certain hearings to determine charges of professional misconduct against engineers and architects.Dear Commissioner Mills: Your counsel has asked whether the State will provide defense and indemnification under Public Officers Law § 17 and Education Law § 6510(7) to a member of an architectural or engineering professional association as to his or her service as a consultant or expert witness to your Department in the investigation or prosecution of alleged professional misconduct. The possible misconduct was discovered initially by the member in an audit done for New York City under its "professional certification option" and reported by the New York City Department of Buildings to the Education Department for possible prosecution. New York City has established an alternative review process for approval of construction specifications prepared under various City building regulations, referred to as the "professional certification option". Generally, the owner of the project authorizes use of the "professional certification option" by the licensed architect or engineer who has prepared the construction specifications. The licensed architect or engineer files a complete set of construction specifications to comply with the particular City building regulation and as required by the "professional certification option" states:

I hereby state that I have exercised a professional standard of care in certifying that the filed application is complete and in accordance with applicable laws as of this date. I am aware the Commissioner will rely upon the truth and accuracy of this statement. If non-compliance is disclosed I agree to notify the owner of the remedial measures which must be taken to meet Department of Buildings' requirements. I further realize that any

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