Does a New York municipality have to pass a local law to adopt Public Officers Law § 18 defense and indemnification for its employees, or can a resolution do it?

Plain-English summary

The Town of Brookfield asked a procedural question. Public Officers Law § 18 lets municipalities adopt a uniform defense and indemnification scheme for their employees, parallel to what § 17 provides for State employees. The town attorney wanted to know whether the town must enact a local law to adopt § 18, or whether a simple board resolution would do.

The AG said either works, per the statute's own text. § 18(2)(a) provides that a local legislative body may adopt § 18 by "law, bylaw, resolution, rule or regulation." The Legislature listed multiple instruments expressly, including resolution. A town board, village board, city council, or county legislature can do this by ordinary resolution.

The earlier AG opinion (Op Atty Gen (Inf) No. 86-5) that prompted the question had explained that § 18 is one option and that a municipality could alternatively design a local defense and indemnification scheme by local law. The 2000 opinion clarifies that even the § 18 adoption itself, the simpler path, does not require local law form. Resolution is sufficient.

This is a small but useful procedural point. Town boards meet more frequently than they enact local laws (which carry mandatory referendum exposure and other procedural requirements). A municipality that wants § 18 protection for its employees can put it in place with a single board meeting and a single vote.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does Public Officers Law § 18 actually do?

It provides defense and indemnification for municipal employees in civil actions arising from acts done in the scope of their public duties. The municipality pays for defense counsel and indemnifies against judgments. The scheme is comprehensive and uniform; once a municipality adopts § 18, its employees know they are covered.

Why not always use a local law instead?

Local laws carry more procedural baggage: public hearing requirements, possible mandatory or permissive referendum, filing with the Secretary of State, etc. Resolutions can be passed at a regular meeting with a single vote, faster and simpler. § 18 was designed to be easy to adopt, hence the explicit listing of multiple instruments.

What is the alternative local scheme that 86-5 mentioned?

A municipality can design its own defense and indemnification rules by local law, departing from § 18's standard package. This is more work but allows customization (limits on coverage, different procedural rules, etc.). For most municipalities, the standard § 18 package is adequate and they choose the resolution path.

Does the resolution have to identify § 18 specifically?

Best practice is yes: a resolution should make clear that the municipality is adopting § 18 of the Public Officers Law. That removes any ambiguity about what scheme applies. A vague resolution about "indemnifying employees" without statutory reference creates uncertainty.

Can a single resolution cover all current and future employees?

Yes. The adoption is prospective and continues until repealed. New hires automatically become covered when they start work.

Background and statutory framework

Public Officers Law § 18 was enacted in 1981 as a counterpart to § 17 (State employees). The Legislature designed § 18 to be optional at the municipal level: municipalities choose whether to provide the protection. The flexible adoption mechanism (local law, bylaw, resolution, rule, or regulation) was part of making the option easy to take.

Some larger municipalities have their own pre-existing schemes by local law or charter; § 18 supplements rather than supplants those. Smaller municipalities, especially towns and villages, typically have not had their own schemes and § 18 fills the gap.

Op Atty Gen (Inf) No. 86-5 explained the choice between adopting § 18 and crafting a local scheme. The 2000 opinion adds the procedural-form clarification, completing the picture for municipalities considering the question.

Citations

• Public Officers Law § 18 (municipal defense and indemnification scheme).
• Public Officers Law § 18(2) (adoption by local legislative body).
• Public Officers Law § 18(2)(a) (forms of adoption: law, bylaw, resolution, rule, regulation).
• Op Atty Gen (Inf) No. 86-5 (choice between § 18 and local scheme).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-7_pw.pdf

Original opinion text

Opn. No. 2000-7
PUBLIC OFFICERS LAW § 18.
Defense and indemnification of local employees pursuant to section 18 of the Public Officers Law may
be adopted by a local legislative body by either resolution or local law.
May 23, 2000
Andrew M. Dunn, Esq.
Town Attorney
Town of Brookfield
P.O. Box 58
Oneida, NY 13421

Informal Opinion
No. 2000-7

Dear Mr. Dunn:
You have asked whether a municipality must enact a local law to implement the provisions of
section 18 of the Public Officers Law providing for defense and indemnification of local employees or
whether passage of a resolution is sufficient. We conclude that a municipality may apply section 18 by
either enacting a local law or passing a resolution. Your inquiry is based on Informal Opinion No. 86-5,
in which we explained that a municipality may authorize and establish a local scheme for defense and
indemnification, or alternatively may adopt the procedures and confer the benefits of section 18 of the
Public Officers Law.
Section 18 of the Public Officers Law provides a comprehensive scheme for defense and
indemnification of municipal employees in civil actions and proceedings. The legislative body of a
municipality may adopt a local "law, bylaw, resolution, rule or regulation" to confer the benefits of
section 18 upon its employees. Public Officers Law § 18(2)(a). Alternatively, as explained in Informal
Opinion No. 86-5, a municipality may enact a local law establishing a local scheme for defense and
indemnification of its employees.
We conclude that, based on the express language of Public Officers Law §18(2), implementation
of section 18 of the Public Officers Law to provide defense and indemnification of local employees may
be accomplished by either resolution or local law.
The Attorney General renders formal opinions only to officers and departments of State
government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE
Assistant Solicitor General
In Charge of Opinions