N.Y. GMU Law § 72-O — New York Code / Act GMU / Article 5 / Section 72-O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal
Status: in_force

§ 72-o. Expenses of volunteer fire officers and firefighters appearing\nbefore a court or other tribunal. 1. The chief officer of the fire\ndepartment of a municipal corporation or fire district, subject to any\nrules or regulations governing such department, may authorize\nreimbursement for the volunteer officers or members of the department\nwho appear before a court or other tribunal:\n  a. when the judicial or other proceeding relates to activities arising\nfrom the duties of the volunteer fire officer or firefighter; and\n  b. the volunteer fire officer or firefighter is not involved in any\ncriminal activity or is the subject of or is personally charged with a\nviolation of any section of law, rule or regulation being investigated\nby the court or other tribunal; and\n  c. the volunteer fire officer or firefighter has not been given\nimmunity by a court or other tribunal in relation to such proceedings;\nand\n  d. the volunteer fire officer or firefighter has no financial interest\nin the outcome of such proceedings; and\n  e. the volunteer fire officer or firefighter has been issued a\nsubpoena to appear and give testimony in such action or proceeding; and\n  f. the chief officer has been notified of the volunteer fire officer's\nor firefighter's receipt of a subpoena.\nSuch authorization from the chief officer may not be unreasonably\nwithheld. Failure to obtain such authorization shall not be deemed to\nexcuse a volunteer fire officer or firefighter from complying with a\nlawfully issued subpoena, but shall not entitle him to the payment of\nexpenses incurred, as provided in subdivision two of this section.\n  2. The governing board of the municipal corporation or fire district\nby resolution may provide for the payment, in the same manner as other\nclaims against the municipal corporation or fire district are audited,\nallowed and paid, of all actual and necessary expenses of travel, meals\nand lodging necessarily and reasonably incurred by such volunteer fire\nofficers and firefighters in apppearing before a court or other\ntribunal. Such resolution may also provide for the reimbursement of all\nactual lost wages necessarily and reasonably incurred by such volunteer\nfire officers and firefighters, up to a maximum of one hundred dollars\nper day. If such travel is by a car owned by the volunteer fire officer\nor firefighter, he may be paid a reasonable mileage allowance for each\nmile actually and necessarily traveled by him in appearing before such\ncourt or other tribunal. If such claim includes any amount for actual\nlost wages, a statement by the volunteer fire officer's or firefighter's\nemployer shall be attached. Any claim for such expenses or reimbursement\nshall have endorsed thereon, or attached thereto, a statement by the\nchief officer of the fire department or fire district that he was\nnotified of the volunteer fire officer's or firefighter's receipt of a\nsubpoena requiring him to appear and give testimony before a court or\nother tribunal, such chief officer's authorization therefor and copy of\nsuch subpoena.\n