2023 New York Laws › EDN - Education › Title 7 - State and City Colleges and Institutions-Cornell University › Article 125 - City University of New York › 6205 - Liability of Board of Trustees and Liability of City University of New York.

§ 6205.   Liability  of  board  of  trustees  and  liability  of  city
university of New York. 1. The state shall save harmless  and  indemnify
members  of  the  board of trustees and any duly appointed member of the
teaching or supervising  staff,  officer  or  employee,  and  a  student
serving  on  a university or college body or committee which is composed
of a majority of faculty, administration and  trustees,  of  the  senior
colleges  under  the  jurisdiction  of  such  board  pursuant to section
seventeen of the public officers law against any claim, demand, suit  or
judgment  arising by reason of any act or omission to act by such person
occurring in the discharge of his duties and within  the  scope  of  his
service on behalf of such university.
2. (a) As used in this subdivision, the term (i) "employee" shall mean
any  person  holding  a  position  by  appointment  or  employment  at a
community college under the  jurisdiction  of  the  board  of  trustees,
whether  or  not  compensated,  or  a  volunteer expressly authorized to
participate in a sponsored volunteer program of such community colleges,
and a student serving on a community college body or committee  composed
of  a  majority  of  faculty, administration and trustees, but shall not
include an independent contractor. The term  employee  shall  include  a
former   employee,   his   estate   or   judicially  appointed  personal
representative; (ii) "comptroller" shall mean  the  comptroller  of  the
city  of  New  York;  and  (iii)  "corporation  counsel"  shall mean the
corporation counsel of the city of New York.
(b) Upon compliance by the employee with the provisions  of  paragraph
(i)  of  this  subdivision,  the  city of New York shall provide for the
defense of the employee in any civil action or proceeding in  any  state
or  federal  court  arising  out  of  any  alleged act or omission which
occurred or is alleged in the  complaint  to  have  occurred  while  the
employee was acting within the scope of his public employment or duties,
or  which  is brought to enforce a provision of section nineteen hundred
eighty-one or nineteen hundred eighty-three of title  forty-two  of  the
United  States  code. This duty to provide for a defense shall not arise
where such civil action or proceeding is brought by or on behalf of  the
city of New York.
(c)  Subject  to  the  conditions  set  forth in paragraph (b) of this
subdivision, the employee shall be entitled to  be  represented  by  the
city  of New York provided, however, that the employee shall be entitled
to representation by private counsel of his choice in any civil judicial
proceeding whenever the corporation counsel of  the  city  of  New  York
determines  based  upon  his  investigation  and review of the facts and
circumstances of the case that representation by the corporation counsel
would be inappropriate, or whenever a court of  competent  jurisdiction,
upon  appropriate  motion  or by a special proceeding, determines that a
conflict of interest exists and that the  employee  is  entitled  to  be
represented  by  private  counsel of his choice. The corporation counsel
shall notify the employee in writing  of  such  determination  that  the
employee   is  entitled  to  be  represented  by  private  counsel.  The
corporation counsel may require, as a condition to payment of  the  fees
and  expenses  of  such  representation, that appropriate groups of such
employees be represented by the same counsel. If the employee  or  group
of  employees is entitled to representation by private counsel under the
provisions of this subdivision, the corporation counsel shall so certify
to the comptroller of the city of New York. Reasonable  attorneys'  fees
and  litigation  expenses  shall be paid by the city of New York to such
private counsel from time to time  during  the  pendency  of  the  civil
action  or  proceeding  subject  to  certification  that the employee is
entitled to representation  under  the  terms  and  conditions  of  this
subdivision by the board of trustees of the city university and upon the

audit  and  warrant  of  the  comptroller.  Any  dispute with respect to
representation of multiple employees 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.
(d) Where the employee delivers process and a request for a defense to
the   corporation   counsel   as  required  by  paragraph  (i)  of  this
subdivision, the corporation counsel  shall  take  the  necessary  steps
including   the  retention  of  private  counsel  under  the  terms  and
conditions provided in paragraph (c) of this subdivision, on  behalf  of
the  employee to avoid entry of a default judgment pending resolution of
any question pertaining to the obligation to provide for a defense.
(e) The city of New York shall indemnify and save  harmless  employees
of  the  community  colleges of the city university in the amount of any
judgment obtained against such employees in any 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 settlement  arose,  occurred  while
the  employee  was  acting  within the scope of his public employment or
duties; the duty to indemnify  and  save  harmless  prescribed  by  this
subdivision  shall  not  arise  where the injury or damage resulted from
intentional wrongdoing or recklessness on the part of the employee.
(f) An employee represented by  private  counsel  shall  cause  to  be
submitted  to the board of trustees any proposed settlement which may be
subject  to  indemnification  by  the  city  of  New  York  and  if  not
inconsistent  with  the  provisions  of  this  subdivision  the board of
trustees shall certify such settlement and submit  such  settlement  and
certification  to the corporation counsel. The corporation counsel shall
review such proposed settlement as to form and amount,  and  shall  give
his  approval  if in his judgment the settlement is in the best interest
of the city of New York. Nothing in this subdivision shall be  construed
to  authorize  the  city  of  New  York to indemnify or save harmless an
employee with respect to a settlement not so reviewed  and  approved  by
the board of trustees.
(g)  Nothing  in this subdivision shall authorize the city of New York
to indemnify and save harmless an employee with respect to  punitive  or
exemplary  damages,  fines  or  penalties,  or  money  recovered from an
employee pursuant to article seven-A of the state finance law.
(h) Upon entry of a final judgment against the employee, or  upon  the
settlement of the claim, the employee shall cause to be served 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
board  of  trustees; and if not inconsistent with the provisions of this
subdivision, such judgment or settlement shall be certified for  payment
by  the  board  of  trustees  of the city university. If the corporation
counsel concurs in such certification, the judgment or settlement  shall
be paid upon audit and warrant of the comptroller.
(i)  The  duty  to defend or indemnify and save harmless prescribed by
this  subdivision  shall  be  conditioned  upon  (1)  delivery  to   the
corporation  counsel at his main business office in the city of New York
by the employee of the original or a copy  of  any  summons,  complaint,
process,  notice, demand or pleading within five days after he is served
with such document, and (2) the full cooperation of the employee in  the
defense  of  such  action  or proceeding and in defense of any action or
proceeding against the city university or city of New  York  based  upon
the  same  act  or  omission, and in the prosecution of any appeal. Such
delivery shall be deemed a request by the employee  that  the  board  of
trustees provide for his defense pursuant to this subdivision.
(j)  The benefits of this subdivision shall inure only to employees as
defined herein and shall not enlarge or diminish the rights of any other

party nor shall any  provision  of  this  subdivision  be  construed  to
affect, alter or repeal any provision of the workers' compensation law.
(k) This subdivision shall not in any way affect the obligation of any
claimant to serve notice of the claim upon the city of New York pursuant
to any other provision of law.
(l)  The  provisions  of  this  subdivision  shall not be construed to
impair, alter, limit or modify the rights and obligations of any insurer
under any policy of insurance.
(m) The provisions of this subdivision shall apply to all actions  and
proceedings  pending  upon  the  effective  date  thereof  or thereafter
instituted.
(n) Except as otherwise specifically provided in this subdivision, the
provisions of this subdivision shall not be  construed  in  any  way  to
impair,   alter,  limit,  modify,  abrogate  or  restrict  any  immunity
available to or conferred upon any unit, entity, officer or employee  of
the  city  of New York or any other level of government, or any right to
defense or indemnification provided for any governmental officer  and/or
employee by, in accordance with, or by reason of, any other provision of
state or federal statutory or common law.
(o) If any provision of this subdivision or the application thereof to
any  person or circumstance be held unconstitutional or invalid in whole
or in part by any court  of  competent  jurisdiction,  such  holding  of
unconstitutionality  or  invalidity shall in no way affect or impair any
other provision of this subdivision  or  the  application  of  any  such
provision to any other person or circumstance.