Providing for the defense and indemnification of school officials pursuant to Public Officers Law §18(3)(a) or Education Law §3811
Similarly, a determination of whether a board member is eligible for indemnification based on lack of good faith cannot be made until a final decision is rendered in the underlying action or proceeding.
The Commissioner also noted that the several defendants/respondents will require “Certificates of Good Faith” to be eligible receive indemnification for their defense and other costs. As that question is still pending in the court actions, the Commissioner aid that “it cannot be decided separately in this appeal.”
The decision is posted on the Internet at: