Labor & Employment Law

Providing officers and employees with representation in work-related litigation

By Harvey Randall, Esq.

Providing officers and employees with representation in work-related litigation
Matter of Dreyer v City of Saratoga Springs, 43 A.D.3d 586

Erin Dreyer, formerly Deputy Commissioner of Public Safety, City of Saratoga Springs, is being sued in two federal actions. Contending that the acts or omissions alleged in the federal litigation were within the scope of her employment, she asked the City to provide for her defense in both actions. The City refused ?since they viewed [Dreyer?s] conduct as alleged in the complaint as outside the scope of her employment?.? Supreme Court held that Saratoga had to provide for Dreyer?s representation. The City appealed.

Noting that the City?s Code Section 9-1 provides that ?[t]he City Council of the City of Saratoga Springs agrees to provide a defense and indemnify its officers and employees in any state or federal action arising out of any alleged act or omission which occurred or allegedly occurred in the scope of official duty or public employment,? the Appellate Division ruled that the City had to provide for Dreyer?s defense if the allegations in the law suit suggest that any of the conduct asserted in the lawsuit falls reasonably within the scope of employment, regardless of how baseless the complaint may be.

Thus. while some of the conduct charged in the lawsuit may arguably be outside of the scope of Dreyer?s employment or intentional, some of the allegations fall clearly within the scope of her employment, thus entitling her to a defense under the City?s Code.

In many political subdivisions of the State the jurisdiction provides for such defense pursuant to Section 18 of the Public Officers Law. Public Officers Law Section 17 applies to State officers and employees.

Full post as published by New York Public Personnel Law on April 18, 2008 (boomark / email).