Formal Opinion No.

Hon. Anthony T. Vaccarello Chairman, Interstate Sanitation Commission

You have asked whether the New York members of the Interstate Sanitation Commission can be considered State employees entitled to defense and indemnification under section 17 of the Public Officers Law. Your question pertains only to the citizen members, not the ex officio members of the Commission.

Section 17 of the Public Officers Law provides for the defense and indemnification by the State of New York of State employees for acts or omissions committed in the performance of their duties. The term "employee" includes a…