2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 1 - Power Authority of the State of New York › 1005-D - Sharing Employees, Services and Resources; Indemnity and Defense.

§  1005-d.  Sharing  employees,  services and resources; indemnity and
defense. 1. For the purposes of this section, the  following  words  and
terms  shall  have  the  following meanings unless the context indicates
another meaning or intent:
(a) "Department" means the department of transportation.
2. A shared services agreement may be executed between the  department
and  the  authority,  canal  corporation,  or  both of them, only for an
emergency situation or extreme weather conditions, to  share  employees,
services  or  resources as deemed appropriate including, but not limited
to, for the performance of work and activities by the department on  the
facilities and property under the jurisdiction of the authority or canal
corporation,  and  for  the  performance  of  work and activities by the
authority or canal corporation on the facilities and property under  the
jurisdiction of the department. Such agreement or any project undertaken
pursuant  to  such an agreement shall not be deemed to impair the rights
of bondholders  and  may  provide  for,  but  not  be  limited  to,  the
management,  supervision and direction of such employees' performance of
such services. Such agreement shall provide that the term shall  not  be
longer  than  ten  days.  All shared employees shall remain employees of
their respective employers and  all  applicable  collectively  bargained
agreements  shall  remain  in effect for the entire length of the shared
services agreement. Further, such shared services  agreement  shall  not
amend, repeal or replace the terms of any agreement that is collectively
negotiated  between  an employer and an employee organization, including
an agreement or interest arbitration  award  made  pursuant  to  article
fourteen of the civil service law.
3. The authority shall defend any unit, entity, officer or employee of
the  department,  using  the forces of the department of law pursuant to
subdivision eleven of this section in  any  action,  proceeding,  claim,
demand  or  the  prosecution of any appeal arising from or occasioned by
the acts or omissions to act in the performance of the functions of  the
authority or canal corporation pursuant to a shared services agreement.
4.  Defense  pursuant  to  subdivision  three of this section shall be
conditioned upon the full cooperation of the department.
5. The authority shall indemnify and hold harmless any  unit,  entity,
officer  or  employee  of  the  department in the amount of any judgment
obtained against the department or in the amount of any  settlement  the
department enters into with the consent of the authority for any and all
claims, damages or liabilities arising from or occasioned by the acts or
omissions  to  act  of  the authority or canal corporation pursuant to a
shared services agreement; provided, however, that the act  or  omission
from  which  such  judgment  or  settlement  arose  occurred  while  the
authority or canal corporation  was  acting  within  the  scope  of  its
functions pursuant to a shared services agreement. No such settlement of
any  such  action, proceeding, claim or demand shall be made without the
approval of the authority's board of trustees or its designee.
6. Any claim or proceeding commenced against any unit, entity, officer
or employee of the authority or canal corporation that  arises  pursuant
to  any  shared  services agreement shall not be construed in any way to
impair,  alter,  limit,  modify,  abrogate  or  restrict  any   immunity
available  to or conferred upon any unit, entity, officer or employee of
the authority or canal corporation, or to impair, alter, limit,  modify,
abrogate  or  restrict any right to defense and indemnification provided
for any governmental officer or employee by, in accordance with,  or  by
reason  of,  any other provision of state or federal statutory or common
law.
7. (a) The state shall defend any unit, entity, officer or employee of
the authority and canal corporation using the forces of  the  department

of  law  in  any action, proceeding, claim, demand or the prosecution of
any appeal arising from or occasioned by the acts or omissions to act in
the performance of the functions of the department pursuant to a  shared
services agreement.
(b)  Defense  pursuant  to  paragraph (a) of this subdivision shall be
conditioned upon  the  full  cooperation  of  the  authority  and  canal
corporation.
(c)  The  state  shall  indemnify  and hold harmless any unit, entity,
officer or employee of the authority or canal corporation in the  amount
of  any  judgment obtained against the authority or canal corporation in
the amount of any settlement the authority or canal  corporation  enters
into  with  the  consent of the state for any and all claims, damages or
liabilities arising from or occasioned by the acts or omissions  to  act
on  behalf  of  the  department pursuant to a shared services agreement,
provided, however, that the act or omission from which such judgment  or
settlement  arose  occurred  while  the department was acting within the
scope of its functions pursuant to a shared services agreement. Any such
settlement shall be executed pursuant to section twenty-a of  the  court
of claims act.
(d)  Any  claim  or  proceeding  commenced  against  any unit, entity,
officer or employee of the department pursuant to  any  shared  services
agreement  shall  not  be  construed in any way to impair, alter, limit,
modify, abrogate or restrict any immunity available to or conferred upon
any unit, entity, officer or employee of the department, or  to  impair,
alter,  limit,  modify,  abrogate  or  restrict any right to defense and
indemnification provided for any governmental officer or employee by, in
accordance with, or by reason  of,  any  other  provision  of  state  or
federal statutory or common law.
(e)  Any  payment made pursuant to this subdivision or any monies paid
for a claim against or settlement  with  the  department,  authority  or
canal  corporation pursuant to this subdivision and pursuant to a shared
services agreement shall be paid from appropriations for payment by  the
state pursuant to the court of claims act.
8.  This  section  shall  not  in any way affect the obligation of any
claimant to give notice to the state, authority,  or  canal  corporation
under  section  ten and section eleven of the court of claims act or any
other provision of law provided, however, that notice  served  upon  the
state,  authority,  or  canal  corporation  who is a party to the shared
services  agreement  shall  be  valid  notice  on  all  parties  to  the
agreement, when such claim arises out of such shared services agreement.
The  state, authority and canal corporation shall notify each other when
they receive a notice of claim, notice of intention to make a claim or a
claim arising out of such agreement.
9. The provisions of this section shall not be  construed  to  impair,
alter,  limit  or modify the rights and obligations of any insurer under
any insurance agreement.
10. Notwithstanding any other provision of law, when employed pursuant
to a shared  services  agreement,  employees  of  the  authority,  canal
corporation  and  department  shall  be  deemed  employees  of  all such
entities and the state for purposes of the workers' compensation law.
11. At the request of the authority or canal corporation, services and
assistance and legal services for the  authority  or  canal  corporation
shall  be  performed  by  forces  or  officers of the department and the
department  of  law  respectively,  and  all   other   state   officers,
departments,  boards,  divisions  and  commissions shall render services
within their respective functions.
12. The authority shall  prepare  and  submit  to  the  governor,  the
temporary  president  of  the  senate,  the speaker of the assembly, the

attorney general, and the comptroller on or  before  the  first  day  of
February  of  each  year,  a  report detailing each specific instance of
resource sharing between the department, the authority,  and  the  canal
corporation  undertaken  pursuant  to  this section during the preceding
calendar year.