STEUBEN COUNTY, N.Y. (WENY) -- Last month, the Steuben County Legislature voted to repeal the defense and indemnification for the Steuben County Sheriff. Sheriff Jim Allard said this strips him of protection against lawsuits and is asking a court to intervene.

Sheriff Allard said the Steuben County Legislature passed resolutions that were unprecedented. He also said he had attorneys look at it and the lawyers determined it wasn't in accordance with the law the Legislature cited. 

"So, we filed what's called a Section 78 hearing with the State Supreme Court here in Steuben County, in order for it to be reviewed. The idea is that locks keep honest people honest," said Sheriff Allard. The court filing seeks a temporary restraining order and preliminary injunction from the resolutions passed by the legislature being enforced. 

The Sheriff said the move by the county legislature to rescind the indemnity follows several years of allegations against him by the chairman, dating back to at least 2019. The Legislature granted indemnification to Allard in 2017, shortly after he was elected sheriff. The coverage provides security if legal action were taken against Allard, and must be passed through local law.

In an October 2nd statement, Legislative Chairman Scott Van Etten said "recently and unfortunately both actions and in-actions of the Sheriff has necessitated this to be reevaluated. Ultimately, the Legislature voted to rescind this defense and liability coverage last week." 

Sheriff Allard said his legal team looked at all of the resolutions, and said it isn't in accordance with the law the Legislature cited.

"We wanted a judge to look at it and determine the validity of what they had passed and whether it was passed in good or bad faith, and whether or not it should actually be applied here in Steuben County," said Sheriff Allard.

In a legal petition filed in Steuben County Supreme Court, Allard alleged the county's anti-discrimination and anti-harassment policy was "misused in a bad faith attempt to accuse the Sheriff of 'non-compliance', laying the groundwork to repeal the indemnity." 

Allard said in June, he was approached by the County Personnel Officer about a complaint from a deputy sheriff, regarding a "potentially offensive internet meme on the screen of a county computer terminal at a county office building." Allard ordered an administrative investigation, and asked the County Personnel officer who from the county would also be investigating, so the two sides could work together. Allard's petition states he was informed that the county would do its own investigation of the complaint, and that the Sheriff's Office had no authority to conduct its own. He said this is a change, as his office and the county have conducted joint investigations in the past.

"Since I've been sheriff, we have investigated several discrimination and harassment complaints quickly and efficiently. We've dealt with them appropriately in accordance with collective bargaining units, a progressive discipline and we have a great history of doing so. We've partnered with the compliance officer on several past investigations and that has worked out very, very well and we continue to do so," said Sheriff Allard.

The court document shows Sheriff Allard received an email from the county attorney on June 28th, accusing him of failing to cooperate and that the county could consider rescinding the indemnification. A vote was later taken by the Legislature on September 25th to rescind the coverage, and require Sheriff Allard to acquire his own liability insurance of one to three million dollars.

 

"I don't even know that I could purchase a liability insurance coverage that any insurer would even want to insure a sitting sheriff, due to the risk of liability associated with the job duties here, or in any office. To do so, I'm sure would probably be in excess of my annual salary," said Sheriff Allard.

In the October 2nd statement from Chairman Van Etten, it said "Since at least the end of June, the Sheriff has been made aware of serious concerns of the County, and instead of taking steps to find compliance with state law, the county has been met with half-truths, deflection, and legal threats. To claim no explanation has been given is patently false and is a public statement the Sheriff can now not take back."

Sheriff Allard responded to the statement, by saying that it's factually inaccurate across the board. He added, "I'm not going to elaborate on it. We've got the upcoming hearing [and] everything will be cleared and clarified in that hearing. I'm not going to get into the legal points of what the county has or has not done, other than to say that I have followed the law at every turn. I have been in compliance with every state, federal, and local law and policy at every turn. To say that I haven't would be inaccurate [and] to allude that I haven't would be inaccurate."

A statement from the New York State Sheriffs' Association was made by Executive Director Peter Kehoe of the Sheriffs' Association in response to the October 2nd statement from Van Etten.

Sheriff Allard said he reached out to the Sheriffs' Association's attorneys to see if anyone had done something or attempted something like this. He also said he did not request the letter from Kehoe, he offered to, to show support.

"They did a survey and no other county in the state of New York has ever attempted what this county is attempting. They (Sheriffs' Association) became very interested in it because of the ramifications this could have not only to the Office of the Sheriff, but every elected office across the state if a legislature is allowed to set monetary prerequisites," said Sheriff Allard.

In a second statement from Chairman Van Etten on October 3rd, he responded to the Sheriffs' Association's letter. Van Etten said the letter was wrong on both the facts and substance.

"New York State Law, by default, does not provide a Sheriff with indemnification, it requires an act of the County Legislature to do so. The recent action of rescinding this local law merely requires Sheriff Allard to obtain liability insurance at levels consistent with industry standards, as authorized by State Law."

Sheriff Allard said he feels this is politically motivated, as he's up for re-election next year.

WENY reached out to Van Etten, who said they will not comment beyond what was included in the two statements this week.

To read the full petition filed with the Steuben County Supreme Court, see below.