2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
205-G - Defense and indemnification of volunteer firefighters.

 
    §  205-g. Defense and indemnification of volunteer firefighters. 1. As
  used in this section:
    a. "Volunteer firefighter" means an active member of a fire company.
    b. "Fire company" means: (i) A fire company of a city,  town,  village
  or  fire  district  fire department, whether or not any such company has
  been incorporated under any general or special law,
    (ii)  A  fire  corporation  incorporated  under  or  subject  to   the
  provisions  of  article ten of the not-for-profit corporation law, which
  is not included within subparagraph  (i)  of  this  paragraph,  if  such
  corporation is, by law, under the general control of, or recognized as a
  fire  corporation  by,  the  governing board of a city, town, village or
  fire district; or
    (iii) A fire corporation incorporated under, or  established  pursuant
  to  the  provision of, any general or special law, which is not included
  within subparagraphs (i) or (ii) of this paragraph, if such  corporation
  is,  by  law,  under  the  general  control  of, or recognized as a fire
  corporation by, the governing board of a city,  town,  village  or  fire
  district  or  Indian reservation. A "fire department" may be composed of
  one or more fire companies.
    c. "Line of duty" means the performance by a volunteer firefighter  of
  the  duties  and activities described in subdivision one of section five
  of the volunteer firefighters' benefit law and the same such duties  and
  activities  performed for a specialized team established pursuant to the
  provisions of section two hundred nine-bb of this article for which  the
  volunteer  firefighter  does  not receive any remuneration or a gratuity
  and shall be deemed to include any date of injury as determined  by  the
  workers'  compensation  board  pursuant  to  the  provisions  of section
  forty-one of the volunteer  firefighters'  benefit  law.  The  following
  shall  not  be deemed to be remuneration or a gratuity: reimbursement of
  expenses for meals, lodging and actual and necessary travel; the receipt
  of a mileage allowance in  lieu  of  travel  expense;  reimbursement  of
  expenses  for  registration  and  tuition  fees  payable  under  section
  seventy-two-g of this chapter, and  the  acceptance  of  transportation,
  food,  drink,  shelter,  clothing  and  similar  items  while on duty or
  engaged in such activities.
    d. "Public entity" means the city,  town,  village  or  fire  district
  having general control of the fire company.
    2.  The  public  entity shall provide for the defense of the volunteer
  firefighter in any civil action or proceeding, state or federal, arising
  out of any alleged act or omission which occurred or allegedly  occurred
  while  the  volunteer  firefighter was acting in the line of duty if the
  volunteer  firefighter  is  in  compliance  with   the   provisions   of
  subdivision  seven  of  this section. This duty to provide for a defense
  shall not arise where such civil action or proceeding is brought  by  or
  at the behest of the public entity.
    3.  Subject  to  the  conditions  set forth in subdivision two of this
  section, the volunteer firefighter shall be entitled to  be  represented
  by  private  counsel  of  his  or  her  choice  in  any  civil action or
  proceeding whenever the chief legal officer  of  the  public  entity  or
  other counsel designated by the public entity determines that a conflict
  of  interest  exists,  or  whenever  a court, upon appropriate motion or
  otherwise by  a  special  proceeding,  determines  that  a  conflict  of
  interest  exists  and  that  the volunteer firefighter is entitled to be
  represented by counsel of his or her choice, provided, however, that the
  chief legal officer or other counsel designated by the public entity may
  require, as a condition to payment of the  fees  and  expenses  of  such
  representation,  that  appropriate groups of such volunteer firefighters
  be represented by the  same  counsel.  Reasonable  attorneys'  fees  and

  litigation  expenses  shall be paid by the public entity to such private
  counsel from time to time during the pendency of  the  civil  action  or
  proceeding with the approval of the governing body of the public entity.
    4.  Any  dispute  with respect to representation of multiple volunteer
  firefighters by a single counsel or the amount of litigation expenses or
  the reasonableness of attorneys' fees shall be  resolved  by  the  court
  upon motion or by way of a special proceeding.
    5.  Where  the  volunteer  firefighter  delivers process and a written
  request for a defense to the public entity under  subdivision  seven  of
  this section, the public entity shall take the necessary steps on behalf
  of  the  volunteer  firefighter  to  avoid  entry  of a default judgment
  pending resolution of any  question  pertaining  to  the  obligation  to
  provide for a defense.
    6.  a.  The  public  entity  shall  indemnify  and  save  harmless its
  volunteer firefighters in the amount of any  judgment  obtained  against
  such  volunteer  firefighters  in  a  state  or federal court, or in the
  amount of any settlement of a claim, provided that the act  or  omission
  from  which  such  judgment  or claim arose occurred while the volunteer
  firefighter was acting in the line of duty; provided further that in the
  case of a settlement the duty to indemnify and save  harmless  shall  be
  conditioned  upon  the  approval  of  the  amount  of  settlement by the
  governing body of the public entity.
    b. The duty to indemnify and save harmless shall be construed  in  the
  same manner as provided in section two hundred five-b of this article.
    c.  Nothing  in  this  subdivision  shall authorize a public entity to
  indemnify or save harmless  a  volunteer  firefighter  with  respect  to
  punitive  or  exemplary  damages, fines or penalties, or money recovered
  from a volunteer firefighter  pursuant  to  section  fifty-one  of  this
  chapter;  provided,  however, that the public entity shall indemnify and
  save harmless its volunteer firefighters in the  amount  of  any  costs,
  attorneys'  fees,  damages,  fines  or penalties which may be imposed by
  reason of an adjudication that a volunteer firefighter,  acting  in  the
  line  of  duty,  has,  without willfulness or intent on his or her part,
  violated a prior order,  judgment,  consent  decree  or  stipulation  of
  settlement entered in any court of this state or of the United States.
    d.  Upon  entry of a final judgment against the volunteer firefighter,
  or upon the settlement of the claim,  the  volunteer  firefighter  shall
  serve  a copy of such judgment or settlement, personally or by certified
  or  registered  mail  within  thirty  days  of  the  date  of  entry  or
  settlement,  upon the chief administrative officer of the public entity;
  and if not inconsistent with the provisions of this section, the  amount
  of such judgment or settlement shall be paid by the public entity.
    7.  The  duty  to  defend or indemnify and save harmless prescribed by
  this section shall be conditioned upon:
    a. delivery by the volunteer firefighter to the chief legal officer of
  the public entity or to its chief administrative officer  of  a  written
  request  to provide for his or her defense together with the original or
  a copy of any summons, complaint, process, notice,  demand  or  pleading
  within ten days after he or she is served with such document;
    b. the full cooperation of the volunteer firefighter in the defense of
  such  action  or  proceeding  and in defense of any action or proceeding
  against the public entity based upon the same act or  omission,  and  in
  the prosecution of any appeal; and
    c. the volunteer firefighter maintaining at least the minimum level of
  training required by the public entity.
    8.  The  benefits  of  this  section  shall  inure  only  to volunteer
  firefighters as defined  in  this  section  and  shall  not  enlarge  or
  diminish  the  rights of any other party nor shall any provision of this

  section be construed to affect, alter or repeal  any  provision  of  the
  workers' compensation law or volunteer firefighters' benefit law.
    9.  This  section  shall  not  in any way affect the obligation of any
  claimant to give notice to the public entity under section  ten  of  the
  court  of  claims  act,  section  fifty-e  of this chapter, or any other
  provision of law.
    10. Any public entity is hereby authorized and empowered  to  purchase
  insurance  from  any  insurance  company created by or under the laws of
  this state, or authorized by law to transact  business  in  this  state,
  against  any  liability imposed by the provisions of this section, or to
  act as a self-insurer with respect thereto.
    11. All payments made under the terms of  this  section,  whether  for
  insurance  or  otherwise, shall be deemed to be for a public purpose and
  shall be audited and paid in the same manner as other public charges.
    12. The provisions of this section shall not be construed  to  impair,
  alter,  limit  or modify the rights and obligations of any insurer under
  any policy of insurance.
    13. Except as otherwise specifically provided  in  this  section,  the
  provisions  of this section shall not be construed in any way to impair,
  alter, limit, modify, abrogate or restrict  any  immunity  to  liability
  available  to  or  conferred upon any unit, entity, officer or volunteer
  firefighter of any public entity by, in accordance with,  or  by  reason
  of, any other provision of state or federal statutory or common law.