NY Gen Mun L § 205-G (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 205-G - Defense and Indemnification of Volunteer Firefighters.

§  205-g. Defense and indemnification of volunteer firefighters. 1. As used in this section:   a. "Volunteer firefighter" means an active member of a fire company.   b. "Fire company" means: (i) A fire company of a city,  town,  village or  fire  district  fire department, whether or not any such company has been incorporated under any general or special law,  (ii)  A  fire  corporation  incorporated  under  or  subject  to   the provisions  of  article ten of the not-for-profit corporation law, which is not included within subparagraph  (i)  of  this  paragraph,  if  such corporation is, by law, under the general control of, or recognized as a fire  corporation  by,  the  governing board of a city, town, village or fire district; or  (iii) A fire corporation incorporated under, or  established  pursuant to  the  provision of, any general or special law, which is not included within subparagraphs (i) or (ii) of this paragraph, if such  corporation is,  by  law,  under  the  general  control  of, or recognized as a fire corporation by, the governing board of a city,  town,  village  or  fire district  or  Indian reservation. A "fire department" may be composed of one or more fire companies.   c. "Line of duty" means the performance by a volunteer firefighter  of the  duties  and activities described in subdivision one of section five of the volunteer firefighters' benefit law and the same such duties  and activities  performed for a specialized team established pursuant to the provisions of section two hundred nine-bb of this article for which  the volunteer  firefighter  does  not receive any remuneration or a gratuity and shall be deemed to include any date of injury as determined  by  the workers'  compensation  board  pursuant  to  the  provisions  of section forty-one of the volunteer  firefighters'  benefit  law.  The  following shall  not  be deemed to be remuneration or a gratuity: reimbursement of expenses for meals, lodging and actual and necessary travel; the receipt of a mileage allowance in  lieu  of  travel  expense;  reimbursement  of expenses  for  registration  and  tuition  fees  payable  under  section seventy-two-g of this chapter, and  the  acceptance  of  transportation, food,  drink,  shelter,  clothing  and  similar  items  while on duty or engaged in such activities.   d. "Public entity" means the city,  town,  village  or  fire  district having general control of the fire company.   2.  The  public  entity shall provide for the defense of the volunteer firefighter in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly  occurred while  the  volunteer  firefighter was acting in the line of duty if the volunteer  firefighter  is  in  compliance  with   the   provisions   of subdivision  seven  of  this section. This duty to provide for a defense shall not arise where such civil action or proceeding is brought  by  or at the behest of the public entity.   3.  Subject  to  the  conditions  set forth in subdivision two of this section, the volunteer firefighter shall be entitled to  be  represented by  private  counsel  of  his  or  her  choice  in  any  civil action or proceeding whenever the chief legal officer  of  the  public  entity  or other counsel designated by the public entity determines that a conflict of  interest  exists,  or  whenever  a court, upon appropriate motion or otherwise by  a  special  proceeding,  determines  that  a  conflict  of interest  exists  and  that  the volunteer firefighter is entitled to be represented by counsel of his or her choice, provided, however, that the chief legal officer or other counsel designated by the public entity may require, as a condition to payment of the  fees  and  expenses  of  such representation,  that  appropriate groups of such volunteer firefighters be represented by the  same  counsel.  Reasonable  attorneys'  fees  and  litigation  expenses  shall be paid by the public entity to such private counsel from time to time during the pendency of  the  civil  action  or proceeding with the approval of the governing body of the public entity.   4.  Any  dispute  with respect to representation of multiple volunteer firefighters by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be  resolved  by  the  court upon motion or by way of a special proceeding.   5.  Where  the  volunteer  firefighter  delivers process and a written request for a defense to the public entity under  subdivision  seven  of this section, the public entity shall take the necessary steps on behalf of  the  volunteer  firefighter  to  avoid  entry  of a default judgment pending resolution of any  question  pertaining  to  the  obligation  to provide for a defense.   6.  a.  The  public  entity  shall  indemnify  and  save  harmless its volunteer firefighters in the amount of any  judgment  obtained  against such  volunteer  firefighters  in  a  state  or federal court, or in the amount of any settlement of a claim, provided that the act  or  omission from  which  such  judgment  or claim arose occurred while the volunteer firefighter was acting in the line of duty; provided further that in the case of a settlement the duty to indemnify and save  harmless  shall  be conditioned  upon  the  approval  of  the  amount  of  settlement by the governing body of the public entity.   b. The duty to indemnify and save harmless shall be construed  in  the same manner as provided in section two hundred five-b of this article.   c.  Nothing  in  this  subdivision  shall authorize a public entity to indemnify or save harmless  a  volunteer  firefighter  with  respect  to punitive  or  exemplary  damages, fines or penalties, or money recovered from a volunteer firefighter  pursuant  to  section  fifty-one  of  this chapter;  provided,  however, that the public entity shall indemnify and save harmless its volunteer firefighters in the  amount  of  any  costs, attorneys'  fees,  damages,  fines  or penalties which may be imposed by reason of an adjudication that a volunteer firefighter,  acting  in  the line  of  duty,  has,  without willfulness or intent on his or her part, violated a prior order,  judgment,  consent  decree  or  stipulation  of settlement entered in any court of this state or of the United States.   d.  Upon  entry of a final judgment against the volunteer firefighter, or upon the settlement of the claim,  the  volunteer  firefighter  shall serve  a copy of such judgment or settlement, personally or by certified or  registered  mail  within  thirty  days  of  the  date  of  entry  or settlement,  upon the chief administrative officer of the public entity; and if not inconsistent with the provisions of this section, the  amount of such judgment or settlement shall be paid by the public entity.   7.  The  duty  to  defend or indemnify and save harmless prescribed by this section shall be conditioned upon:   a. delivery by the volunteer firefighter to the chief legal officer of the public entity or to its chief administrative officer  of  a  written request  to provide for his or her defense together with the original or a copy of any summons, complaint, process, notice,  demand  or  pleading within ten days after he or she is served with such document;   b. the full cooperation of the volunteer firefighter in the defense of such  action  or  proceeding  and in defense of any action or proceeding against the public entity based upon the same act or  omission,  and  in the prosecution of any appeal; and   c. the volunteer firefighter maintaining at least the minimum level of training required by the public entity.   8.  The  benefits  of  this  section  shall  inure  only  to volunteer firefighters as defined  in  this  section  and  shall  not  enlarge  or diminish  the  rights of any other party nor shall any provision of this  section be construed to affect, alter or repeal  any  provision  of  the workers' compensation law or volunteer firefighters' benefit law.   9.  This  section  shall  not  in any way affect the obligation of any claimant to give notice to the public entity under section  ten  of  the court  of  claims  act,  section  fifty-e  of this chapter, or any other provision of law.   10. Any public entity is hereby authorized and empowered  to  purchase insurance  from  any  insurance  company created by or under the laws of this state, or authorized by law to transact  business  in  this  state, against  any  liability imposed by the provisions of this section, or to act as a self-insurer with respect thereto.   11. All payments made under the terms of  this  section,  whether  for insurance  or  otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges.   12. The provisions of this section shall not be construed  to  impair, alter,  limit  or modify the rights and obligations of any insurer under any policy of insurance.   13. Except as otherwise specifically provided  in  this  section,  the provisions  of this section shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict  any  immunity  to  liability available  to  or  conferred upon any unit, entity, officer or volunteer firefighter of any public entity by, in accordance with,  or  by  reason of, any other provision of state or federal statutory or common law.