§ 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\nof awards adjudicated in sexual harassment claims. 1. As used in this\nsection:\n (a) The term "public entity" shall mean (i) a county, city, town,\nvillage or any other political subdivision or civil division of the\nstate; (ii) a school district, board of cooperative educational\nservices, or any other governmental entity or combination or association\nof governmental entities operating a public school, college, community\ncollege or university; (iii) a public improvement or special district;\n(iv) a public authority, commission, agency or public benefit\ncorporation; or (v) any other separate corporate instrumentality or unit\nof government; but shall not include the state of New York or any other\npublic entity the employees of which are covered by section seventeen-a\nof this article.\n (b) The term "employee" shall mean any commissioner, member of a\npublic board or commission, trustee, director, officer, employee, or any\nother person holding a position by election, appointment or employment\nin the service of a public entity, whether or not compensated. The term\n"employee" shall include a former employee or judicially appointed\npersonal representative.\n 2. Notwithstanding any law to the contrary, any employee who has been\nsubject to a final judgment of personal liability for intentional\nwrongdoing related to a claim of sexual harassment, shall reimburse any\npublic entity that makes a payment to a plaintiff for an adjudicated\naward based on a claim of sexual harassment resulting in a judgment, for\nhis or her proportionate share of such judgment. Such employee shall\npersonally reimburse such public entity within ninety days of the public\nentity's payment of such award.\n 3. If such employee fails to reimburse such public entity pursuant to\nsubdivision two of this section within ninety days from the date such\npublic entity makes a payment for the financial award, the chief fiscal\nofficer of such public entity shall, upon obtaining a money judgment,\nwithhold from such employee's compensation the amounts allowable\npursuant to section fifty-two hundred thirty-one of the civil practice\nlaw and rules.\n 4. If such employee is no longer employed by such public entity, such\npublic entity shall have the right to receive reimbursement through the\nenforcement of a money judgment pursuant to article fifty-two of the\ncivil practice law and rules.\n