§ 3811 — Costs, expenses and damages a district charge in certain cases

§ 3811. Costs, expenses and damages a district charge in certain\ncases. 1. Whenever the trustees or board of education of any school\ndistrict, or any school district officers, have been or shall be\ninstructed by a resolution adopted at a district meeting to defend any\naction brought against them, or to bring or defend an action or\nproceeding touching any district property or claim of the district, or\ninvolving its rights or interests, or to continue any such action or\ndefense, all their costs and reasonable expenses, as well as all costs\nand damages adjudged against them, shall be a district charge and shall\nbe levied by tax upon the district. Whenever any superintendent,\nprincipal, member of the teaching or supervisory staff, member of a\ncommittee on special education or subcommittee thereof, surrogate parent\nas defined in the regulations of the commissioner of education, or any\ntrustee or member of the board of education of a school district or\nnon-instructional employee of any school district other than the city\nschool district of the city of New York or any board of cooperative\neducational services shall defend any action or proceeding, other than\na criminal prosecution or an action or proceeding brought against him by\na school district or board of cooperative educational services hereafter\nbrought against him, including proceedings before the commissioner of\neducation, arising out of the exercise of his powers or the performance\nof his duties under this chapter, all his reasonable costs and expenses,\nas well as all costs and damages adjudged against him, shall be a\ndistrict charge and shall be levied by tax upon the district or shall\nconstitute an administrative charge upon the board of cooperative\neducational services provided that (a) such superintendent, principal,\nmember of the teaching or supervisory staff, member of a committee on\nspecial education or subcommittee thereof, surrogate parent as defined\nin the regulations of the commissioner of education, non-instructional\nemployee of any school district or board of cooperative educational\nservices or such trustee or member of a board of education of such\nschool district or board of cooperative educational services shall\nnotify the trustees or board of education or board of cooperative\neducational services in writing of the commencement of such action or\nproceedings against him within five days after service of process upon\nhim; and (b) the trustees or board of education or board of cooperative\neducational services shall, at any time during the ten days next\nfollowing the notice to them of the commencement of such action or\nproceedings, have the right to designate and appoint the legal counsel\nto represent such superintendent, principal, member of the teaching or\nsupervisory staff, member of a committee on special education or\nsubcommittee thereof, surrogate parent as defined in the regulations of\nthe commissioner of education, non-instructional employee of any school\ndistrict or board of cooperative educational services or such trustee\nor member of the board of education or board of cooperative educational\nservices in such action or proceedings against him, in the absence of\nwhich designation and appointment within the time specified such\nsuperintendent, principal, member of the teaching or supervisory staff,\nmember of a committee on special education or subcommittee thereof,\nsurrogate parent as defined in the regulations of the commissioner of\neducation, non-instructional employee of any school district or board of\ncooperative educational services or such trustee or member of the board\nof education or board of cooperative educational services may select\nhis own legal counsel; (c) it shall be certified by the court or by the\ncommissioner of education, as the case may be, that he appeared to have\nacted in good faith with respect to the exercise of his powers or the\nperformance of his duties under this chapter.\n 2. If the amount claimed hereunder be disputed by a district meeting,\nthe board of education or the board of trustees, it shall be adjusted by\nthe county judge of any county in which the district or any part of it\nis situated.\n