Decision and Order Allard v Steuben
Media Release November 26, 2024
In September of 2023, members of the Steuben County government passed two resolutions to strip the Sheriff’s liability protections under the Public Officer Law and to cause him to purchase, at his own expense, millions of dollars of liability insurance. Upon submitting a petition to enjoin (stay) the resolutions to the New York State Supreme Court, the Sheriff was granted a stay of the resolutions until the case could be heard in Supreme Court. The county, prior to the initial hearing, repealed the resolution requiring liability insurance. On September 10th, 2024, all final statements and submissions were made to the Court.
On November 25th, 2024, New York State Supreme Court Justice Jason Cook issued a written Decision and Order. The Court, after examining all evidence and testimony concluded that the County had “engaged in multiple questionable practices" and that the discussion and vote held only in executive session of the Public Safety and Corrections Committee regarding legislation to strip the Sheriff of indemnification was “not permissible under the express conditions and enumerated purposes set forth in the statute”. Furthermore, the court found that “the failure of the legislature to follow the Open Meetings Law irreparably taints the legislature’s actions”. The Court ultimately found that the “indemnification was revoked as an act of bad faith to ‘punish’ the Sheriff, just as the county had previously threatened”.
The Court issued the following Order:
ORDERED, that Local Law No. 11 of 2023 was unlawfully enacted and is deemed invalid, and it is further
ORDERED, that Respondents are enjoined and prohibited from implementing Local Law No. 11 of 2023 in effect, and it is further
ORDERED, that this Decision and Order is without prejudice to the Steuben County Legislature to re-address the issue of the Sheriff’s indemnification, and it is further
ORDERED, that Respondent’s motion for sanctions is denied.
Throughout this legal fight, the county has used taxpayer monies to both initiate and defend this “bad faith” action. Steuben County residents have paid for the following outside legal services used to defend the county’s actions:
As of September 2024: Coughlin and Gerhart LLP: $66,469.16
Stephen J. Rehfuss, Esq.: $10,257.50
Total: $76,726.66
This legislative action commenced in July 2023. As part of the Executive Session material and debates by the legislature regarding the Sheriff and the Sheriff’s Office, several presentations occurred only in Executive Session by an Attorney from the Philips Lytle law firm. During this same period the county used taxpayer monies to contract with a professional media consultant to release a video defending the county’s actions.
Communications Counsel: $8,941.50
From August 2023 to September 2024 Steuben County residents have paid for the following legal services:
Philips Lytle LLP: $113,079.68
The county has spent almost $200,000 of taxpayer money to initiate and defend their actions.
The Sheriff is thankful that justice has been served. As always, all Steuben County residents are encouraged to be active in their county government. The Sheriff and the men and women of the Sheriff’s Office remain committed to their public safety mission, as well as serving the citizens of Steuben County. For more information about the Steuben County Sheriff’s Office and its various activities, programs, and duties, follow us on Facebook at Steuben County Sheriff’s Office or visit our Steuben County Sheriff’s Office App and website (SteubenNYsheriff).
