N.Y. Education Law § 3811: Costs, expenses and damages a district charge in certain cases

§ 3811. Costs, expenses and damages a district charge in certain

cases. 1. Whenever the trustees or board of education of any school

district, or any school district officers, have been or shall be

instructed by a resolution adopted at a district meeting to defend any

action brought against them, or to bring or defend an action or

proceeding touching any district property or claim of the district, or

involving its rights or interests, or to continue any such action or

defense, all their costs and reasonable expenses, as well as all costs

and damages adjudged against them, shall be a district charge and shall

be levied by tax upon the district. Whenever any superintendent,

principal, member of the teaching or supervisory staff, member of a

committee on special education or subcommittee thereof, surrogate parent

as defined in the regulations of the commissioner of education, or any

trustee or member of the board of education of a school district or

non-instructional employee of any school district other than the city

school district of the city of New York or any board of cooperative

educational services shall defend any action or proceeding, other than

a criminal prosecution or an action or proceeding brought against him by

a school district or board of cooperative educational services hereafter

brought against him, including proceedings before the commissioner of

education, arising out of the exercise of his powers or the performance

of his duties under this chapter, all his reasonable costs and expenses,

as well as all costs and damages adjudged against him, shall be a

district charge and shall be levied by tax upon the district or shall

constitute an administrative charge upon the board of cooperative

educational services provided that (a) such superintendent, principal,

member of the teaching or supervisory staff, member of a committee on

special education or subcommittee thereof, surrogate parent as defined

in the regulations of the commissioner of education, non-instructional

employee of any school district or board of cooperative educational

services or such trustee or member of a board of education of such

school district or board of cooperative educational services shall

notify the trustees or board of education or board of cooperative

educational services in writing of the commencement of such action or

proceedings against him within five days after service of process upon

him; and (b) the trustees or board of education or board of cooperative

educational services shall, at any time during the ten days next

following the notice to them of the commencement of such action or

proceedings, have the right to designate and appoint the legal counsel

to represent such superintendent, principal, member of the teaching or

supervisory staff, member of a committee on special education or

subcommittee thereof, surrogate parent as defined in the regulations of

the commissioner of education, non-instructional employee of any school

district or board of cooperative educational services or such trustee

or member of the board of education or board of cooperative educational

services in such action or proceedings against him, in the absence of

which designation and appointment within the time specified such

superintendent, principal, member of the teaching or supervisory staff,

member of a committee on special education or subcommittee thereof,

surrogate parent as defined in the regulations of the commissioner of

education, non-instructional employee of any school district or board of

cooperative educational services or such trustee or member of the board

of education or board of cooperative educational services may select

his own legal counsel; (c) it shall be certified by the court or by the

commissioner of education, as the case may be, that he appeared to have

acted in good faith with respect to the exercise of his powers or the

performance of his duties under this chapter.

2. If the amount claimed hereunder be disputed by a district meeting,

the board of education or the board of trustees, it shall be adjusted by

the county judge of any county in which the district or any part of it

is situated.