STEUBEN CO., NY (WENY) -- The Steuben County Supreme Court made its ruling in the court case of Sheriff James Allard and the County Legislature. The court case decided whether or not the Legislature could remove the Sheriff's indemnification.

The legal battle between Sheriff Allard and the County stems back to September 2023 when the Legislature voted to repeal the defense and indemnification for the Sheriff.

Then, a couple of months later in November 2023, the Legislature rescinded the resolution that would've made Sheriff Allard get his own liability insurance.

After over a year of working its way through the court, the judge in the case ruled in favor of Sheriff Allard. Sheriff Allard believes justice has been served, but at a cost. He said this legal battle has cost county taxpayers nearly $200,000.

"This is something that never needed to happen. Obviously, [it] never should have happened and to tie up a county government for a full year and all of the resources that were used to try and force this action on me, it's just so disappointing to see that kind of mismanagement at the county level," said Sheriff Allard.

WENY reached out to Steuben County Manager Jack Wheeler and received this response:

"Steuben County is certainly aware of the decision handed down yesterday (11/25) and are currently evaluating our next steps."

Sheriff Allard was elected to the position in 2016 and was re-elected in 2020. According to the court documents under the 'Findings of Fact' section, "shortly after taking office in 2017,... the legislature was considering providing him with indemnification for defense and liability in civil actions against him in his official capacity. Subsequently, the Steuben County Legislature passed Local Law No. 4 of 2017, which authorized the County's indemnification of Sheriff Allard."

It continues by saying, "It appears to the Court, in the Spring of 2021, a level of personal animosity arose between the Chairman of the Legislature and the Sheriff, which the Sheriff has alleged resulted from age discrimination. Several allegations were made against the Sheriff, including that the Sheriff entered into an unlawful contract with a jail vendor, receiving "kickbacks" from certain vendor in connection with a food budget increase, and ethical violations involving a non-profit organization created by Sheriff Allard and the purchase of a K9 unit for the department. During this period of animosity, the Chairman of the Legislature threatened the Sheriff by stating that "we can't discipline you, but we control your budget and we can take away your indemnity."

The documents then state that the county requested legal counsel to research the issue of rescinding the Sheriff's indemnification in May 2021, before a 2023 sexual harassment investigation dispute involving a member of the sheriff's department.

In June of 2023, the Sheriff was told by the County Personnel Office that a deputy assigned to the County office building had complained that a coworker showed a homophobic picture from the internet on a county-owned computer. The Sheriff began an internal investigation regarding the matter, and after contacting a county personnel officer regarding the steps the Sheriff had taken to start the investigation, he was told that the county would be conducting its own investigation, and unlike in previous investigations, the Sheriff should stand-down and cease his internal investigation. This is not something Sheriff Allard had been told before, as investigations within the department had always been done internally.

Subsequently, the County Attorney contacted Sheriff Allard and accused him of failing to cooperate in the county's investigation. The County Attorney later informed the Sheriff via email that the Legislature would consider rescinding the 2017 Local Law indemnifying Sheriff Allard.

The court documents then state:

"On July 3, 2023, approximately a week after the County Attorney’s email, the Steuben County Legislature’s Public Safety and Corrections Committee, in an executive session; therefore, with no record of discussion, voted to recommend rescinding the 2017 local law authorizing indemnification of the Sheriff. The County Manager informed the Sheriff of this legislative action and denied the Sheriff’s request for independent counsel to examine the matter. Several additional communications occurred between the Sheriff and county officers regarding the Sheriff’s internal investigation of the alleged homophobic picture. On September 21, 2023, the Sheriff was notified by the County Attorney that along with the upcoming legislative vote to rescind the Sheriff’s indemnification, the Legislature would also be considering an enactment requiring the Sheriff to obtain liability insurance. Both propositions were subsequently enacted by the legislature.

It was later alleged that certain legislators were told by the County Attorney that they could be personally liable for civil actions brought against the Sheriff if they did not vote to enact the subject legislation. The Court granted an application for limited discovery in this matter, specifically a deposition of County Legislature Hilda Lando was held, wherein she confirmed that allegation (see NYSCEF Doc. 106). Such statements were improper and subjected the legislators to undue influence, regardless of how each member voted."

It was ultimately ordered that the local law was unlawfully enacted and was deemed invalid, the decision and order is without prejudice to the County Legislature to re-address the issue of the Sheriff's indemnification. This means the local law can't be put into effect, unless the Legislature has factual reasoning(s) behind it.

Sheriff Allard said he looks forward to working with the Legislature in the future.

"As far as moving forward, I'm all about moving forward and working together. Only when we work together, does government work. But, I spent the last year being attacked and every term by certain members of this administration and that has to end," said Sheriff Allard.