S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6317
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by  M. of A. WALSH, SMULLEN -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the county law, in relation to allowing a  county  clerk
   to  employ an attorney-at-law to defend against certain civil actions;
   and to amend the public officers law, in relation to  the  removal  of
   public officers by the governor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 409 of the county law is amended by  adding  a  new
 subdivision 3 to read as follows:
    3.  (A)  NOTWITHSTANDING  SUBDIVISIONS ONE AND TWO OF THIS SECTION OR
 ANY OTHER INCONSISTENT PROVISION OF LAW, A COUNTY CLERK  MAY  EMPLOY  AN
 ATTORNEY-AT-LAW TO DEFEND ANY CIVIL ACTION OR PROCEEDING BROUGHT AGAINST
 HIM  OR  HER  IN HIS OR HER OFFICIAL CAPACITY AS AN AGENT OF THE COMMIS-
 SIONER OF MOTOR VEHICLES AS DESIGNATED UNDER SECTION TWO HUNDRED FIVE OF
 THE VEHICLE AND TRAFFIC LAW.
   (B) ALL DAMAGES RECOVERED AGAINST,  OR  COSTS  AND  EXPENSES  LAWFULLY
 INCURRED BY A COUNTY CLERK, INCLUDING ATTORNEY'S FEES, IN THE DEFENSE OF
 A  CIVIL  ACTION  OR PROCEEDING BROUGHT AGAINST SUCH CLERK IN HIS OR HER
 CAPACITY AS AN AGENT OF THE COMMISSIONER OF MOTOR VEHICLES FOR AN  OFFI-
 CIAL  ACT  DONE,  OR  FOR FAILURE TO PERFORM AN OFFICIAL ACT, SHALL BE A
 STATE CHARGE AND SHALL BE AUDITED AND PAID IN THE SAME MANNER  AS  STATE
 CHARGES.  WHEN  THE ACT UPON WHICH THE ACTION OR PROCEEDING IS BASED WAS
 DONE IN GOOD FAITH, BUT WITHOUT THE AUTHORITY OF LAW OR AUTHORIZATION BY
 THE COMMISSIONER OF MOTOR VEHICLES, THE STATE COMPTROLLER MAY AUDIT  AND
 PAY  THE  SAME  AS  STATE CHARGES, EVEN IF SUCH ACTION OR PROCEEDING WAS
 INITIATED AGAINST THE CLERK BY THE COMMISSIONER OF MOTOR VEHICLES.
   § 2. Subdivision 1 of section  34  of  the  public  officers  law,  as
 amended  by  chapter  15  of  the  laws  of  1928, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09991-01-9
              

 A. 6317                             2
 
   1. In any proceeding for the removal by the governor of a public offi-
 cer, he OR SHE may conduct an investigation into the  charges,  and  may
 take  the  evidence as to the truth of the charges at a hearing for such
 purpose, or he OR SHE may direct that such investigation or hearing,  or
 both,  shall be conducted by a justice of the supreme court of the judi-
 cial district, or the county judge of the county, in which  the  officer
 proceeded  against  shall  reside, or by a commissioner appointed by the
 governor, by an appointment, in writing, filed  in  the  office  of  the
 secretary of state. EXCEPT, NO SUCH PROCEEDING OR INVESTIGATION SHALL BE
 UNDERTAKEN  OR DIRECTED TO BE UNDERTAKEN AGAINST A PUBLIC OFFICER ON THE
 BASIS OF AN ACTION, OR FAILURE TO ACT, OF SUCH PUBLIC OFFICER,  IF  DONE
 IN  GOOD  FAITH  AND WITH A REASONABLE BELIEF THAT THE PUBLIC OFFICER IS
 DEFENDING, PROTECTING AND UPHOLDING THE  CONSTITUTION  OR  LAWS  OF  THE
 UNITED  STATES  OR  OF THIS STATE, EVEN IF IT IS SUBSEQUENTLY DETERMINED
 THAT SUCH ACTION OR INACTION WAS WITHOUT AUTHORITY  OF  LAW  OR  WITHOUT
 EXPRESS AUTHORIZATION.
   § 3. This act shall take effect immediately.