§ 6309 — Reimbursement of defense costs incurred by or on behalf of community college trustees, officers and employees

§ 6309. Reimbursement of defense costs incurred by or on behalf of\ncommunity college trustees, officers and employees. 1. As used in this\nsection, unless the context otherwise requires, the term "employee"\nshall mean any person holding a position by appointment or employment in\nthe service of a community college, whether or not compensated, or a\nvolunteer expressly authorized to participate in a community college\nsponsored volunteer program, but shall not include an independent\ncontractor. The term employee shall include a former employee, his or\nher estate, or judicially appointed personal representative.\n 2. (a) Upon compliance by the employee with the provisions of\nsubdivision three of this section, and subject to the conditions set\nforth in paragraph (b) of this subdivision, it shall be the duty of the\nlocal sponsor of a community college to pay reasonable attorneys' fees\nand litigation expenses incurred by or on behalf of an employee in his\nor her defense of a criminal proceeding in a state or federal court\narising out of any act which occurred while such employee was acting\nwithin the scope of his or her public employment or duties, upon his or\nher acquittal, or upon the dismissal of the criminal charges against him\nor her, or reasonable attorney's fees incurred in connection with an\nappearance before a grand jury which returns no true bill against the\nemployee where such appearance was required as a result of any act which\noccurred while such employee was acting within the scope of his or her\npublic employment or duties unless such appearance occurs in the normal\ncourse of the public employment or duties of such employee.\n (b) Upon the application for reimbursement of reasonable attorneys'\nfees or litigation expenses, or both, made by or on behalf of an\nemployee as provided in subdivision three of this section, the local\nsponsor shall determine, based upon its investigation and its review of\nthe facts and circumstances, whether such reimbursement shall be paid.\nThe local sponsor shall notify the employee in writing of such\ndetermination. Upon determining that such reimbursement should be\nprovided, the local sponsor shall so certify to its chief fiscal\nofficer. Upon such certification, reimbursement shall be made for such\nfees or expenses, or both, upon the audit and warrant of the chief\nfiscal officer. Any dispute with regard to entitlement to reimbursement\nor the amount of litigation expenses or the reasonableness of attorneys'\nfees shall be resolved by a court of competent jurisdiction upon\nappropriate motion or by way of a special proceeding.\n 3. Reimbursement of reasonable attorneys' fees or litigation expenses,\nor both, by the local sponsor as prescribed by this section shall be\nconditioned upon (a) delivery to the local sponsor at its main business\noffice by the employee of a written request for reimbursement of\nexpenses together with, in the case of a criminal proceeding, the\noriginal or a copy of an accusatory instrument within ten days after the\nemployee is arraigned upon such instrument or, in the case of a grand\njury appearance, written documentation of evidence of such appearance\nand (b) the full cooperation of the employee in defense of any action or\nproceeding against the community college or local sponsor based upon the\nsame act, and in the prosecution of any appeal.\n 4. Except as otherwise specifically provided in this section, the\nprovisions of this section shall not be construed in any way to impair,\nalter, limit, modify, abrogate, or restrict any immunity available to or\nconferred upon any unit, entity, officer, or employee of the sponsor or\nany other level of government, or any right to defense and/or\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provisions of state or\nfederal statutory or common law.\n 5. If any provision of this section or the application thereof to any\nperson or circumstance by held unconstitutional or invalid in whole or\nin part by any court of competent jurisdiction, such holding of\nunconstitutionality or invalidity shall in no way affect or impair any\nother provision of this section or the application of any such provision\nto any other person or circumstances.\n