N.Y. Town Law § 178-d: Costs, expenses and damages a fire district charge in certain cases

§ 178-d. Costs, expenses and damages a fire district charge in certain

cases. Whenever the fire district commissioners or board of fire

commissioners of any fire district, or any fire district officers, have

been or shall be instructed by a resolution adopted at a regular special

meeting of the board of fire commissioners to defend any action brought

against them, or to bring or defend an action or proceeding affecting

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 upon the

taxable property of such district in the same manner as moneys raised

for the support of such district. Whenever any fire district

commissioner or fire district officer shall defend any action or

proceeding, other than a criminal proceeding, hereafter brought against

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

duties, provided such commissioner or officer was acting in the

discharge of his duties and within the scope of his authority at the

time damages were sustained, 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 upon the taxable property of such district in

the same manner as money raised for the support of such district,

provided (a) such fire district commissioner or fire district officer

shall notify the board of fire commissioners in writing of the

commencement of such action or proceedings against him within five days

after service of process upon him; and (b) the board of fire

commissioners 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

fire district commissioner or fire district officer in such action or

proceedings against him, in the absence of which designation and

appointment within the time specified such fire district commissioner or

fire district officer may select his own legal counsel.