N.Y. General Municipal Law § 72-o: Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal

§ 72-o. Expenses of volunteer fire officers and firefighters appearing

before a court or other tribunal. 1. The chief officer of the fire

department of a municipal corporation or fire district, subject to any

rules or regulations governing such department, may authorize

reimbursement for the volunteer officers or members of the department

who appear before a court or other tribunal:

a. when the judicial or other proceeding relates to activities arising

from the duties of the volunteer fire officer or firefighter; and

b. the volunteer fire officer or firefighter is not involved in any

criminal activity or is the subject of or is personally charged with a

violation of any section of law, rule or regulation being investigated

by the court or other tribunal; and

c. the volunteer fire officer or firefighter has not been given

immunity by a court or other tribunal in relation to such proceedings;

and

d. the volunteer fire officer or firefighter has no financial interest

in the outcome of such proceedings; and

e. the volunteer fire officer or firefighter has been issued a

subpoena to appear and give testimony in such action or proceeding; and

f. the chief officer has been notified of the volunteer fire officer's

or firefighter's receipt of a subpoena.

Such authorization from the chief officer may not be unreasonably

withheld. Failure to obtain such authorization shall not be deemed to

excuse a volunteer fire officer or firefighter from complying with a

lawfully issued subpoena, but shall not entitle him to the payment of

expenses incurred, as provided in subdivision two of this section.

2. The governing board of the municipal corporation or fire district

by resolution may provide for the payment, in the same manner as other

claims against the municipal corporation or fire district are audited,

allowed and paid, of all actual and necessary expenses of travel, meals

and lodging necessarily and reasonably incurred by such volunteer fire

officers and firefighters in apppearing before a court or other

tribunal. Such resolution may also provide for the reimbursement of all

actual lost wages necessarily and reasonably incurred by such volunteer

fire officers and firefighters, up to a maximum of one hundred dollars

per day. If such travel is by a car owned by the volunteer fire officer

or firefighter, he may be paid a reasonable mileage allowance for each

mile actually and necessarily traveled by him in appearing before such

court or other tribunal. If such claim includes any amount for actual

lost wages, a statement by the volunteer fire officer's or firefighter's

employer shall be attached. Any claim for such expenses or reimbursement

shall have endorsed thereon, or attached thereto, a statement by the

chief officer of the fire department or fire district that he was

notified of the volunteer fire officer's or firefighter's receipt of a

subpoena requiring him to appear and give testimony before a court or

other tribunal, such chief officer's authorization therefor and copy of

such subpoena.