Should Steuben County Sheriff pay for his own insurance? Allard, Legislature at odds

Steuben County Sheriff Jim Allard has challenged a recent decision by the Steuben County Legislature not to indemnify his position, and that dispute has landed in New York State Supreme Court in Steuben County.

The Legislature voted 10-7 last week to repeal a 2017 local law that provided for the defense and indemnification of the sheriff.

“It’s a fluid situation as of right now,” Steuben County Manager Jack Wheeler said. “I feel that the New York State laws are clear that you do not have to indemnify the sheriff. So that is going to be sorted out in court. But it is fluid right now.”

Allard said the Legislature passed resolutions with virtually no public input or debate stripping him of legal defense and indemnification against lawsuits that the county unanimously approved six years earlier.

"The New York State Supreme Court Justice has issued an order to show cause, which is a temporary injunction enjoining both resolutions and barring the county from enacting either," Allard said.

The law was subject to a public hearing Aug. 28. Allard was the only individual to offer comment. The sheriff suggested the resolution was spurred by a belief that his office "has not been complying with the County in the matter of investigating allegations of harassment and discrimination against County employees," according to meeting minutes.

"If that’s the reason the County is considering rescinding this law, it’s wrong and untrue," stated Allard, who went on to suggest the resolution was an attempt "to politically coerce my office into handing over some of its authority and responsibilities."

Sheriff's Association, Legislature Chairman debate issue

Peter R. Kehoe, executive director of the New York State Sheriff’s Association, said the sheriff’s independent role does not always sit well with politicians who think the sheriff should answer to them and not to the people.

“You are witnessing an example of that in Steuben County right now,” Kehoe wrote in a letter. “Certain members of your county legislature think that they should run the sheriff’s office rather than the man you elected to run it.”

Kehoe claimed that for more than two years, a few Steuben County legislators have been threatening to punish the sheriff if he did not run his office according to their wishes.

“The sheriff was not intimidated and last week those legislators finally made good on their threats,” Kehoe said. “They passed a resolution making the sheriff personally liable for any damages arising out of the official acts of the sheriff’s office or his staff — while every other public officer, including themselves, rightly remains protected for such personal liability.”

Steuben County Legislature Chairman Scott Van Etten, a Republican, disputed Allard’s statements and the letter issued by the Sheriffs' Association.

“At no time has any member of the Legislature or County government ‘threatened to punish’ Sheriff Allard, as stated in the letter,” Van Etten said. “New York State Law, by default, does not provide a Sheriff with indemnification, it requires an act of the County Legislature to do so.”

Van Etten said the recent action of rescinding the local law merely requires Sheriff Allard to obtain liability insurance at levels consistent with industry standards, as authorized by state law.

“Interestingly, it should be noted that Counsel for the Sheriffs’ Association has previously, in writing, agreed that New York State Law excludes sheriffs from automatic indemnification provided to other county officials,” Van Etten said. “These actions in no way impact the rights of citizens, the protection or support of staff in the Sheriff’s Office or are political in any regard.”

County law would require sheriff to obtain insurance

The Steuben County Legislature also passed a resolution requiring the Sheriff to obtain insurance for $1 million per occurrence and $3 million aggregate annually, which Wheeler said is the standard insurance requirement for a contract for professional services.

The Sheriff "shall not perform any duties of the office, nor be entitled to any compensation" until the insurance is filed, pursuant to New York State County Law.

“Those actions by those legislators are illegal,” Kehoe said. “What the citizens of Steuben County need to know is that the sheriff is fighting these attacks on the independence of the constitutional office of the sheriff, not just to protect himself and his family from this unjust imposition of personal liability."

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Van Etten dismissed the accusations, stating claims that members of the legislature are seeking to usurp Allard's authority are "absurd."

"The Sheriff has the ability to run his department as an independently elected official within the means of appropriate state laws and county policies," said Van Etten.

Van Etten said what has been required is that Steuben County policy regarding harassment and discrimination is adhered to by the sheriff, to ensure that all Steuben County employees, which includes those employed in his department, are provided with the independent means of having their harassment and discrimination claims investigated.

Steuben County Legislators who voted in favor of the change are James Kuhl (R), Wendy Lozo (R), Steven Maio (D), John Malter (D), Robert Nichols (R), Nick Pelham (R), Frederick Potter (R), Brian Schu (R), Gary Swackhamer (R), Scott Van Etten (R).

Those against included Carol Ferratella (R), Kelly Fitzpatrick (R), Michael Hanna (R), Jeffrey Horton (R), Hilda Lando (D), Aaron Mullen (R) and Paul Van Caeseele (R).

This article originally appeared on The Leader: NY sheriff fights county's decision to make him pay for own insurance