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Council adopts local law on defense and indemnification after heated debate over whether city suits should void coverage

October 07, 2025 | Saratoga Springs City, Saratoga County, New York


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Council adopts local law on defense and indemnification after heated debate over whether city suits should void coverage
The Saratoga Springs City Council adopted Local Law 8 of 2025 on Oct. 7, updating chapter 9 of the municipal code to set the city's policy on defense, representation and indemnification for officers and employees.

The legislation was described by staff as intended "to lawfully provide the widest possible scope of defense and indemnification to our city's officers and employees acting within the scope of their public employment" and to align city policy with chapters 18 and 19 of the New York Public Officers Law.

Why it mattered: Several council members raised specific concerns about a provision (section 9.3 in the draft) that removes indemnification where "such civil action or proceeding is brought by or at the behest of the city." Commissioner S. (during debate identified in the record as a council member) said that language could allow a city official to bring or instigate litigation that would deprive another official or employee of indemnification and called for outside counsel review before enactment.

Council process and votes: A motion to table the proposed law until outside legal review could be secured was made and seconded but failed. The final vote to adopt the chapters passed 3-2. The council also considered a separate standalone motion to pay legal bills for Jason Golub; that motion failed.

Discussion highlights: Council members and the assistant city attorney discussed the law's origins in state law and the council's discretion to adopt, reject or modify state provisions. Assistant City Attorney Tony Izzo explained the city had adapted the state sections and that the exemption language was derived from the state formulation. Several council members asked how the provision would apply to recent cases raised in the meeting record, including past ethics-board matters and other litigation. One council member requested an executive session for case-specific discussion; staff advised that discussion of pending litigation should take place in executive session when appropriate.

Impact and next steps: With the law adopted, the city administration said the policy expands categories under which indemnification and defense could be provided compared with older city language. Council members who voted against adoption said they wanted more time for legal review and specific-case discussion in executive session before changing the coverage. The council also voted on a related agenda item authorizing mayoral signature on a secondary manufacturers opioid settlement participation form (see separate coverage).

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