as reported by M. M. Tirion
Potsdam Village trustees attend twice-monthly board meetings and vote on things. Each item that board members vote on are listed in an agenda made available prior to each meeting. For example, the agenda for the next board meeting (the January 17, 2022 meeting that has been postponed to January 31, 2022) can be viewed at the vi.potsdam.ny.us website
A not atypical resolution in the current agenda reads:
Whereas, the Village of Potsdam is desirous of St. Lawrence County Department of Highways providing shared services such as paving, road stripping, blasting and other routine maintenance activities to the village, and
Whereas, both the Village of Potsdam and County of St. Lawrence are desirous of promoting partnering efforts for the safety of the traveling public in St. Lawrence County, and
Whereas, in this joint cooperative endeavor, the Village of Potsdam and the County of St Lawrence desires to be reimbursed for their expenditures, and
Whereas, the village is aware that the county may incur liability in the providing of the services and wishes to indemnify the county in this regard,
Now, therefore, be it resolved that to the fullest extent permitted by law, the Village of Potsdam will indemnify and hold harmless the County, their officers, directors, partners, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of any property relating to or arising out of any negligence or intentional acts and/or omissions of the Village of Potsdam or any of its directors, officers, employees, contractors, representatives, or agents.
Reading this once, I draw a blank. Twice, a slight suspicion awakens; perhaps this is important? I fire off an email, asking how it is that we can’t hold the county responsible for misconduct? Is this normal, do other jurisdictions in the County pass similar resolutions? I receive one reply: the Village has passed this resolution for decades, and the insurance companies require it. Feeling slightly relieved that this is somehow old-hat, and more than a little bemused to still have no comprehension of the basis of the resolution, even after after a third, fourth and fifth readings, I wonder whether I should vote yes, no or abstain. None feels right. Should I try to connect with the village’s lawyer? That seems a bit hubristic. A chance meeting with a fellow trustee finally brings some clarity to the matter: The County is obligated to tend to certain matters within the village (pertaining to county road repair and maintenance, for example). Rather than send its own crews to do this work, the County subcontracts the work to village employees to do the work for them. To receive this funding, however, the county requires the village to not hold the county responsible for incidents involving these subcontracted individuals. This, finally, begins to make some sense. This had nothing to do, as I initially balked at, with not holding county officials accountable for their actions! Nothing at all. I will vote aye on this resolution, and feel somewhat mollified to have penetrated another inscrutable mystery. I also decide to maintain some “Notes to Trustee-Self” explaining these mysteries to future self, or others who find themselves elected onto the village board.
Local Government Matters 