Section 1020-BB. Exculpation  


Latest version.
  • 1. The trustees and officers of the authority,
      while  acting  within  the  scope  of  their  authority  as  trustees or
      officers, shall not be  subject  to  any  personal  or  civil  liability
      resulting  from  the  exercise,  carrying  out or advocacy of any of the
      authority's purposes or powers, unless the conduct of  the  trustees  or
      officers  is  finally determined by a court of competent jurisdiction to
      constitute intentional wrongdoing.
        2. The provisions of section seventeen  of  the  public  officers  law
      shall  apply  to  trustees  and officers of the authority, in connection
      with any and all claims, demands, suits, actions  or  proceedings  which
      may  be  made  or  brought  against  any  of  them  arising  out  of any
      determinations  made  or  actions  taken  or  omitted  to  be  taken  in
      compliance  with  any obligations under or pursuant to the terms of this
      title.
        3. Notwithstanding any other provisions of law to  the  contrary,  the
      provisions of section eighteen of the public officers law shall apply to
      the  employees  of the authority, in connection with any and all claims,
      demands, suits, actions or proceedings which may be brought against  any
      of  them  arising  out  of  any  determinations made or actions taken or
      omitted to be taken in compliance with any obligations under or pursuant
      to the terms of this title. Whenever the provisions of section seventeen
      of the public officers law do not apply to the trustees and officers  of
      the authority, the provisions of section eighteen of the public officers
      law shall apply to such trustees and officers.
        4.  Any costs incurred by the state in accordance with subdivision two
      of this section shall be  treated  as  advances  by  the  state  to  the
      authority,  and shall be repaid to it without interest either out of the
      proceeds of bonds issued by the authority pursuant to the provisions  of
      this  title,  or  by  the  delivery of non-interest bearing bonds of the
      authority to the state for all or any part of such advances, or  out  of
      excess  revenues  of the authority, at such times and on such conditions
      as the state and the authority mutually may agree  upon.  Any  agreement
      entered  into  by  the  state and the authority for the repayment of any
      costs incurred pursuant to subdivision two of  this  section,  shall  be
      subject to the approval of the public authorities control board.
        5.  As  used  in  this  section,  the  terms  "trustee", "officer" and
      "employee" shall include a former trustee, officer or employee  and  his
      or her estate or judicially appointed personal representative.