§ 212 — Pay of troops when used in civil disorders

New York § 212

• Jurisdiction: New York
• Law MIL: Military
• Art. 10: Pay and Allowances

Text

§ 212. Pay of troops when used in civil disorders. All officers and\nenlisted men while on duty, or assembled therefor, by order of the\ngovernor, upon the request of the sheriff of a county, or in the county\nof Nassau the county executive or mayor of a city, in aid of the civil\nauthorities, in case of breach of the peace, riot, resistance to process\nof this state, disaster, or imminent danger thereof, shall receive the\npay set forth in subdivision one of section two hundred ten of this\nchapter. Fifty percent of such compensation and expenses incurred in\nconnection with such duty or as a result thereof including quartering,\ncaring for, transporting and subsisting the troops, and other expenses\nincluding the expense incurred for pay, care, and subsistence of\nofficers and enlisted men temporarily disabled in the line of duty,\nwhile on such duty, as set forth in section two hundred sixteen of this\nchapter, shall be paid by the county or city at the request of whose\nsheriff, or in the county of Nassau the county executive, or mayor, as\nthe case may be, the military or naval forces of the state have been\nheretofore or may hereafter be ordered out. The balance shall be paid\nby the state. If troops on duty in aid of the civil authorities render\nservice in more than one county or city, fifty percent of the expenses\nand compensation of such troops shall be apportioned among the counties\nor cities in which such service is rendered by the officer who approves\nthe vouchers and payrolls of such troops. The balance shall be paid by\nthe state. Upon presentation to the county treasurer of such county or\nthe chief fiscal officer of such city where the service was rendered, of\nappropriate evidence certified by the state comptroller, that payment of\nexpenses including payment of troops, has been consummated, provision\nshall forthwith be made by the county or city to make available the\nmoney required to reimburse the state for its share of expenses already\npaid. In the city of New York, upon similar presentation to the\ncomptroller of said city, the money necessary to comply with the\nprovisions of this section shall forthwith be raised. Such expenses and\ncompensation may be paid in the first instance by the state comptroller\nas an advance subject to subsequent reimbursement by the county or city\nor counties or cities in which such service is rendered. In the event a\ncounty or city shall fail to pay its share of such expenses and\ncompensation within six months of the certification to the county or\ncity by the state comptroller of such cost, the state comptroller shall\ncause to be withheld from local assistance moneys to which such county\nor city would otherwise be entitled, a sum sufficient to reimburse the\nstate for any amount remaining unpaid. Any public officer, who shall\nneglect or refuse to perform any of the duties required by this section\nincluding such duties as may arise in connection with the financing of\npayments required to be made pursuant to the provisions of this section,\nshall be personally charged with the costs and all necessary\ndisbursements of any action or proceeding brought to compel such\nperformance, together with a reasonable additional allowance to the\nplaintiff or relator in such action or proceeding, to be fixed by the\ncourt.\n