2019 New York Laws
EDN - Education
Title 7 - State and City Colleges and Institutions-Cornell University
Article 126 - Community Colleges and State-Aided Four-Year Colleges
6309 - Reimbursement of Defense Costs Incurred by or on Behalf of Community College Trustees, Officers and Employees.

§ 6309. Reimbursement  of  defense  costs  incurred by or on behalf of
community college trustees, officers and employees.  1. As used in  this
section,  unless  the  context  otherwise  requires, the term "employee"
shall mean any person holding a position by appointment or employment in
the service of a community college, whether or  not  compensated,  or  a
volunteer  expressly  authorized  to  participate in a community college
sponsored volunteer  program,  but  shall  not  include  an  independent
contractor.  The  term  employee shall include a former employee, his or
her estate, or judicially appointed personal representative.
  2. (a)  Upon  compliance  by  the  employee  with  the  provisions  of
subdivision  three  of  this  section, and subject to the conditions set
forth in paragraph (b) of this subdivision, it shall be the duty of  the
local  sponsor  of a community college to pay reasonable attorneys' fees
and litigation expenses incurred by or on behalf of an employee  in  his
or  her  defense  of  a  criminal proceeding in a state or federal court
arising out of any act which occurred while  such  employee  was  acting
within  the scope of his or her public employment or duties, upon his or
her acquittal, or upon the dismissal of the criminal charges against him
or her, or reasonable attorney's fees incurred  in  connection  with  an
appearance  before  a  grand jury which returns no true bill against the
employee where such appearance was required as a result of any act which
occurred while such employee was acting within the scope of his  or  her
public  employment or duties unless such appearance occurs in the normal
course of the public employment or duties of such employee.
  (b) Upon the application for reimbursement  of  reasonable  attorneys'
fees  or  litigation  expenses,  or  both,  made  by  or on behalf of an
employee as provided in subdivision three of  this  section,  the  local
sponsor  shall determine, based upon its investigation and its review of
the facts and circumstances, whether such reimbursement shall  be  paid.
The  local  sponsor  shall  notify  the  employee  in  writing  of  such
determination.  Upon  determining  that  such  reimbursement  should  be
provided,  the  local  sponsor  shall  so  certify  to  its chief fiscal
officer. Upon such certification, reimbursement shall be made  for  such
fees  or  expenses,  or  both,  upon  the audit and warrant of the chief
fiscal officer. Any dispute with regard to entitlement to  reimbursement
or the amount of litigation expenses or the reasonableness of attorneys'
fees  shall  be  resolved  by  a  court  of  competent jurisdiction upon
appropriate motion or by way of a special proceeding.
  3. Reimbursement of reasonable attorneys' fees or litigation expenses,
or both, by the local sponsor as prescribed by  this  section  shall  be
conditioned  upon (a) delivery to the local sponsor at its main business
office by the  employee  of  a  written  request  for  reimbursement  of
expenses  together  with,  in  the  case  of  a criminal proceeding, the
original or a copy of an accusatory instrument within ten days after the
employee is arraigned upon such instrument or, in the case  of  a  grand
jury  appearance,  written  documentation of evidence of such appearance
and (b) the full cooperation of the employee in defense of any action or
proceeding against the community college or local sponsor based upon the
same act, and in the prosecution of any appeal.
  4. 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 available to or
conferred upon any unit, entity, officer, or employee of the sponsor  or
any   other  level  of  government,  or  any  right  to  defense  and/or
indemnification provided for any governmental officer or employee by, in
accordance with, or by reason of,  any  other  provisions  of  state  or
federal statutory or common law.

  5.  If any provision of this section or the application thereof to any
person or circumstance by held unconstitutional or invalid in  whole  or
in  part  by  any  court  of  competent  jurisdiction,  such  holding of
unconstitutionality or invalidity shall in no way affect or  impair  any
other provision of this section or the application of any such provision
to any other person or circumstances.