NY Educ L § 3811 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 77 - Fines, Penalties, Forfeitures and Costs 3811 - Costs, Expenses and Damages a District Charge in Certain Cases.

§ 3811. Costs,  expenses  and  damages  a  district  charge in certain   cases.  1. Whenever the trustees or board of  education  of  any  school   district,  or  any  school  district  officers,  have  been  or shall be   instructed by a resolution adopted at a district meeting to  defend  any   action  brought  against  them,  or  to  bring  or  defend  an action or   proceeding touching any district property or claim of the  district,  or   involving  its  rights  or  interests, or to continue any such action or   defense, all their costs and reasonable expenses, as well as  all  costs   and  damages adjudged against them, shall be a district charge and shall   be levied by tax  upon  the  district.    Whenever  any  superintendent,   principal,  member  of  the  teaching  or supervisory staff, member of a   committee on special education or subcommittee thereof, surrogate parent   as defined in the regulations of the commissioner of education,  or  any   trustee  or  member  of  the  board of education of a school district or   non-instructional employee of any school district other than   the  city   school  district  of  the  city  of New York or any board of cooperative   educational services  shall defend any action or proceeding, other  than   a criminal prosecution or an action or proceeding brought against him by   a school district or board of cooperative educational services hereafter   brought  against  him,  including proceedings before the commissioner of   education, arising out of the exercise of his powers or the  performance   of his duties under this chapter, all his reasonable costs and expenses,   as  well  as  all  costs  and  damages  adjudged against him, shall be a   district charge and shall be levied by tax upon the  district  or  shall   constitute  an  administrative  charge  upon  the  board  of cooperative   educational services provided that (a) such  superintendent,  principal,   member  of  the  teaching or supervisory staff, member of a committee on   special education or subcommittee thereof, surrogate parent  as  defined   in  the  regulations of the commissioner of education, non-instructional   employee of any school district  or  board  of  cooperative  educational   services    or  such  trustee  or member of a board of education of such   school district or board of  cooperative  educational  services    shall   notify  the  trustees  or  board  of  education  or board of cooperative   educational services in writing of the commencement of  such  action  or   proceedings  against  him within five days after service of process upon   him; and (b) the trustees or board of education or board of  cooperative   educational  services  shall,  at  any  time  during  the  ten days next   following the notice to them of  the  commencement  of  such  action  or   proceedings,  have  the right to designate and appoint the legal counsel   to represent such superintendent, principal, member of the  teaching  or   supervisory  staff,  member  of  a  committee  on  special  education or   subcommittee thereof, surrogate parent as defined in the regulations  of   the  commissioner of education, non-instructional employee of any school   district or board of cooperative educational services   or such  trustee   or  member of the board of education or board of cooperative educational   services in such action or proceedings against him, in  the  absence  of   which  designation  and  appointment  within  the  time  specified  such   superintendent, principal, member of the teaching or supervisory  staff,   member  of  a  committee  on  special education or subcommittee thereof,   surrogate parent as defined in the regulations of  the  commissioner  of   education, non-instructional employee of any school district or board of   cooperative  educational services or such trustee or member of the board   of education or board of cooperative educational services    may  select   his  own legal counsel; (c) it shall be certified by the court or by the   commissioner of education, as the case may be, that he appeared to  have   acted  in  good  faith with respect to the exercise of his powers or the   performance of his duties under this chapter. 2. If the amount claimed hereunder be disputed by a district  meeting,   the board of education or the board of trustees, it shall be adjusted by   the  county  judge of any county in which the district or any part of it   is situated.