Update On The Sheriff Allard Article 78 Court Case

Statement From Sheriff Jim Allard: 

In September of 2023, members of the Steuben County government passed two resolutions to strip the Sheriff’s liability protections under the Public Officer Law and to cause him to purchase, at his own expense, millions of dollars of liability insurance.  Upon submitting a petition to enjoin (stay) the resolutions to the New York State Supreme Court, the Sheriff was granted a stay of the resolutions until the case could be heard in Supreme Court. The county, prior to the initial hearing, repealed the resolution requiring liability insurance.  On September 10th, 2024, all final statements and submissions were made to the Court.
On November 25th, 2024, New York State Supreme Court Justice Jason Cook issued a written Decision and Order (attached).  The Court, after examining all evidence and testimony concluded that the County had “engaged in multiple questionable practices" and that the discussion and vote held only in executive session of the Public Safety and Corrections Committee regarding legislation to strip the Sheriff of indemnification was “not permissible under the express conditions and enumerated purposes set forth in the statute”.  Furthermore, the court found that “the failure of the legislature to follow the Open Meetings Law irreparably taints the legislature’s actions”. The Court ultimately found that the “indemnification was revoked as an act of bad faith to ‘punish’ the Sheriff, just as the county had previously threatened”.
The Court issued the following Order:
ORDERED, that Local Law No. 11 of 2023 was unlawfully enacted and is deemed invalid, and it is further
ORDERED, that Respondents are enjoined and prohibited from implementing Local Law No. 11 of 2023 in effect, and it is further
ORDERED, that this Decision and Order is without prejudice to the Steuben County Legislature to re-address the issue of the Sheriff’s indemnification, and it is further
ORDERED, that Respondent’s motion for sanctions is denied.

       Throughout this legal fight, the county has used taxpayer monies to both initiate and defend this “bad faith” action.  Steuben County residents have paid for the following outside legal services used to defend the county’s actions:

As of September 2024:   Coughlin and Gerhart LLP:  $66,469.16
       Stephen J. Rehfuss, Esq.:     $10,257.50
                               Total:     $76,726.66

This legislative action commenced in July 2023.  As part of the Executive Session material and debates by the legislature regarding the Sheriff and the Sheriff’s Office, several presentations occurred only in Executive Session by an Attorney from the Philips Lytle law firm.  During this same period the county used taxpayer monies to contract with a professional media consultant to release a video defending the county’s actions.
                               Communications Counsel: $8,941.50

From August 2023 to September 2024 Steuben County residents have paid for the following legal services:
                               Philips Lytle LLP:  $113,079.68

The county has spent almost $200,000 of taxpayer money to initiate and defend their actions.

The Sheriff is thankful that justice has been served.  As always, all Steuben County residents are encouraged to be active in their county government.  The Sheriff and the men and women of the Sheriff’s Office remain committed to their public safety mission, as well as serving the citizens of Steuben County.  For more information about the Steuben County Sheriff’s Office and its various activities, programs, and duties, follow us on Facebook at Steuben County Sheriff’s Office or visit our Steuben County Sheriff’s Office App and website.

 

Statement From Steuben County Manager Jack Wheeler:

Steuben County is aware of the decision handed down and we are currently evaluating our next steps".

 

Steuben County Grand Jury News

There’s a grand jury proceeding this morning at 930 am.  The Steuben County Grand Jury will be hearing about a dozen cases and deciding on whether the cases go forward.  Steuben County D.A. Brooks Baker will be putting out a statement at around noon today about actions that the grand jury took last week in regards to a number of cases. 

 

Steuben County Unanimously Approves The Budget

From Steuben County:

Steuben County has officially adopted its 2025 budget, emphasizing fiscal responsibility, competitive wages, and strategic investments in infrastructure and public safety.
Key Budget Highlights:
Property Tax Levy & Rate: The budget includes a 1.76% increase in the tax levy, half of the allowable increase under New York State’s tax cap. Despite this, the average tax rate per thousand will decrease by 4.71%, marking the 12th consecutive year of reduced tax rates. Over the last decade, the county has reduced the full value tax rate by 27.53%.
Expense Drivers: Major expenses include wage increases and rising Medicaid and Social Services costs. Despite these pressures, the county will continue to support local programs while fulfilling state mandates.
Investments in Public Safety & Infrastructure: The budget allocates funding for Emergency Medical Services (EMS) and $9.55 million for road construction projects to improve local infrastructure.
Personnel & Competitive Salaries: To address staffing challenges, the county is prioritizing market-based salary adjustments to attract and retain personnel, especially in critical service areas.
Total Budget: $259,696,215<

 

Opiod Numbers For October, 2024

Steuben County Public Health says in October, there were 28 overdoses reported, one of  them fatal, narcan was reported as having been used seven times. Also, Public Health Director Darlene Smith says three of the 28 overdoses were opiod related, with 17 of the overdose cases it was hard to tell what the substance was, eight of the cases were something other than opiods. 

 

Langworthy: A Nice Visit From Watkins Glen High

Republican Congressman Nick Langworthy says, students from Watkins Glen High School visited his office at the capital in Washington recently.  Langworthy says, those students had a chance to see the legislative process and hear about his work for the 23^rd congressional district.

 

Rep Claudia Tenney Joins GOP Policy Committee

Republican Congresswoman Claudia Tenney, who will be representing Avoca, Prattsburgh, Wheeler and other Steuben County towns in the new 24^th congressional district, has been named to the New York Regional Representative, for the Republican Policy Committee in the House.  Tenney says she’ll be coming up with policies to push back against the far left policies coming out of Albany.