2023 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.