N.Y. Education Law § 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.