In a significant legal victory for the Steuben County Sheriff’s Office, the New York State Supreme Court has ruled against the Steuben County Legislature’s attempt to revoke indemnification protections for Sheriff James Allard. The decision, issued on November 25 by Justice Jason Cook, declared the county’s actions unlawful and invalid, citing bad faith and violations of state law.
The dispute began in 2023 when the county passed resolutions to strip the Sheriff’s liability protections under Public Officer Law and compel him to purchase personal liability insurance. Sheriff Allard sought judicial intervention, securing a temporary stay of the resolutions pending the court’s review.
Justice Cook’s ruling found that the county acted improperly by conducting key discussions and votes in executive session, violating Open Meetings Law. The court noted the legislature’s actions were “irreparably tainted” and motivated by “bad faith” to punish the Sheriff for undisclosed reasons.
The court ordered that Local Law No. 11 of 2023, which revoked the Sheriff’s indemnification, was unlawfully enacted and prohibited its implementation. While the county retains the option to revisit the matter, any future actions must comply with open government laws.
The fallout from the legislative actions has cost Steuben County taxpayers nearly $200,000 in legal and consulting fees, including over $113,000 to Philips Lytle LLP and $66,000 to Coughlin and Gerhart LLP.
Sheriff Allard expressed gratitude for the court’s decision, reaffirming his office’s commitment to public safety. “Justice has been served,” the Sheriff stated, encouraging residents to stay engaged in county governance.
The case underscores the importance of transparency and lawful decision-making in government, with potential implications for future legislative conduct in Steuben County.