N.Y. Public Officers Law § 18-a: Reimbursement of funds paid by a public entity for the payment of awards adjudicated in sexual harassment claims

§ 18-a. Reimbursement of funds paid by a public entity for the payment

of awards adjudicated in sexual harassment claims. 1. As used in this

section:

(a) The term "public entity" shall mean (i) a county, city, town,

village or any other political subdivision or civil division of the

state; (ii) a school district, board of cooperative educational

services, or any other governmental entity or combination or association

of governmental entities operating a public school, college, community

college or university; (iii) a public improvement or special district;

(iv) a public authority, commission, agency or public benefit

corporation; or (v) any other separate corporate instrumentality or unit

of government; but shall not include the state of New York or any other

public entity the employees of which are covered by section seventeen-a

of this article.

(b) The term "employee" shall mean any commissioner, member of a

public board or commission, trustee, director, officer, employee, or any

other person holding a position by election, appointment or employment

in the service of a public entity, whether or not compensated. The term

"employee" shall include a former employee or judicially appointed

personal representative.

2. Notwithstanding any law to the contrary, any employee who has been

subject to a final judgment of personal liability for intentional

wrongdoing related to a claim of sexual harassment, shall reimburse any

public entity that makes a payment to a plaintiff for an adjudicated

award based on a claim of sexual harassment resulting in a judgment, for

his or her proportionate share of such judgment. Such employee shall

personally reimburse such public entity within ninety days of the public

entity's payment of such award.

3. If such employee fails to reimburse such public entity pursuant to

subdivision two of this section within ninety days from the date such

public entity makes a payment for the financial award, the chief fiscal

officer of such public entity shall, upon obtaining a money judgment,

withhold from such employee's compensation the amounts allowable

pursuant to section fifty-two hundred thirty-one of the civil practice

law and rules.

4. If such employee is no longer employed by such public entity, such

public entity shall have the right to receive reimbursement through the

enforcement of a money judgment pursuant to article fifty-two of the

civil practice law and rules.