N.Y. Military Law § 212: Pay of troops when used in civil disorders

§ 212. Pay of troops when used in civil disorders. All officers and

enlisted men while on duty, or assembled therefor, by order of the

governor, upon the request of the sheriff of a county, or in the county

of Nassau the county executive or mayor of a city, in aid of the civil

authorities, in case of breach of the peace, riot, resistance to process

of this state, disaster, or imminent danger thereof, shall receive the

pay set forth in subdivision one of section two hundred ten of this

chapter. Fifty percent of such compensation and expenses incurred in

connection with such duty or as a result thereof including quartering,

caring for, transporting and subsisting the troops, and other expenses

including the expense incurred for pay, care, and subsistence of

officers and enlisted men temporarily disabled in the line of duty,

while on such duty, as set forth in section two hundred sixteen of this

chapter, shall be paid by the county or city at the request of whose

sheriff, or in the county of Nassau the county executive, or mayor, as

the case may be, the military or naval forces of the state have been

heretofore or may hereafter be ordered out. The balance shall be paid

by the state. If troops on duty in aid of the civil authorities render

service in more than one county or city, fifty percent of the expenses

and compensation of such troops shall be apportioned among the counties

or cities in which such service is rendered by the officer who approves

the vouchers and payrolls of such troops. The balance shall be paid by

the state. Upon presentation to the county treasurer of such county or

the chief fiscal officer of such city where the service was rendered, of

appropriate evidence certified by the state comptroller, that payment of

expenses including payment of troops, has been consummated, provision

shall forthwith be made by the county or city to make available the

money required to reimburse the state for its share of expenses already

paid. In the city of New York, upon similar presentation to the

comptroller of said city, the money necessary to comply with the

provisions of this section shall forthwith be raised. Such expenses and

compensation may be paid in the first instance by the state comptroller

as an advance subject to subsequent reimbursement by the county or city

or counties or cities in which such service is rendered. In the event a

county or city shall fail to pay its share of such expenses and

compensation within six months of the certification to the county or

city by the state comptroller of such cost, the state comptroller shall

cause to be withheld from local assistance moneys to which such county

or city would otherwise be entitled, a sum sufficient to reimburse the

state for any amount remaining unpaid. Any public officer, who shall

neglect or refuse to perform any of the duties required by this section

including such duties as may arise in connection with the financing of

payments required to be made pursuant to the provisions of this section,

shall be personally charged with the costs and all necessary

disbursements of any action or proceeding brought to compel such

performance, together with a reasonable additional allowance to the

plaintiff or relator in such action or proceeding, to be fixed by the

court.