NYCL AGO 96-F6.

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

New York Attorney General Opinions 1996. AGO 96-F6. April 2, 1996Formal Opinion No. 96-F6Hon. Philip Griffen Chairman New York State Soil and Water Conservation Committee 1 Winners Circle Albany, NY 12235PUBLIC OFFICERS LAW §§ 17, 18; SOIL AND WATER CONSERVATION DISTRICTS LAW §§ 3(1), 5(1), 8, 9, 10, 11.The board of directors of a Soil and Water Conservation District may apply the provisions of section 18 of the Public Officers Law to directors, officers and employees of the district and thereby provide for their defense and indemnification for any acts or omissions committed within the scope of their duties. Alternatively, the county, for whose benefit a Soil and Water Conservation District is formed, may provide for the defense and indemnification of district directors, officers and employees.Dear Mr. Griffen: You have asked whether members of Soil and Water Conservation District Boards of Directors receive indemnification to protect them from lawsuits arising out of their official actions. Soil and Water Conservation Districts are formed by resolution of a county, which declares the county to be a district. Soil and Water Conservation Districts Law § 3(1). In a prior opinion of this office, we concluded that Soil and Water Conservation Districts are neither State entities nor part of the county in which they were established. 1980 Op Atty Gen (Inf) 62. We found, based on the provisions of law governing these districts, that they are political subdivisions. Id. The legal characteristics of these districts, which led to this finding, remain. For example, the directors of a district are the governing body. Soil and Water Conservation Districts Law § 8(1). The directors may delegate powers and duties to the chairperson of the Board or to one or more directors and designate a secretary and a treasurer. Id. The directors independently may authorize officers and employees of the district to perform duties that are necessary for the operation of the district. Id., § 9(1-a). Directors are empowered to establish and abolish positions of employment and fix compensation. Id., § 9(1-b). They may authorize the treasurer to establish a petty cash fund for specific district purposes or undertakings and may establish a revolving fund for specific administrative and operational accounts. Id., § 9(1-c), (1-d). The county may...