§ 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.