§ 6308. Defense and indemnification of community college trustees,
officers and employees. 1. As used in this section, the term "employee"
shall mean any person holding a position by appointment or employment in
the service of a community college, whether or not compensated, or a
volunteer expressly authorized to participate in a community college
sponsored volunteer program, but shall not include an independent
contractor. The term employee shall include a former employee, his
estate or judicially appointed personal representative.

2. (a) Upon compliance by the employee with the provisions of
subdivision four of this section, the local sponsor of a community
college 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 and the act or omission
underlying the action occurred or is alleged in the complaint to have
occurred while the employee was acting within the scope of his public
employment or duties. This duty to provide for a defense shall not arise
where such civil action or proceeding is brought by or on behalf of the
local sponsor.

(b) Subject to the conditions set forth in paragraph (a) of this
subdivision, the employee shall be entitled to be represented by the
local sponsor provided, however, that the employee shall be entitled to
representation by private counsel of his choice in any civil judicial
proceeding whenever the local sponsor determines based upon its
investigation and review of the facts and circumstances of the case that
representation by the local sponsor would be inappropriate, or whenever
a court of competent jurisdiction, upon appropriate motion or otherwise
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 local sponsor shall notify the employee in writing of
such determination that the employee is entitled to be represented by
private counsel. The local sponsor 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.
The local sponsor shall certify to its chief fiscal officer that the
employee or group of employees is entitled to representation by private
counsel under the provisions of this section. Reasonable attorneys' fees
and litigation expenses shall be paid by the local sponsor 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
section by the board of trustees of the community college at which such
employee is employed and upon the audit and warrant of the chief fiscal
officer of the sponsor. 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.

(c) Where the employee delivers process and a request for a defense to
the local sponsor as required by subdivision four of this section, the
sponsor shall take the necessary steps including the retention of
private counsel under the terms and conditions provided in paragraph (b)
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.

3. (a) The local sponsor shall indemnify and save harmless its
employees 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, or shall pay such judgement or settlement; 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 or pay prescribed by
this subdivision shall not arise where the injury or damage resulted
from intentional wrongdoing or recklessness on the part of the employee.

(b) An employee represented by the local sponsor or by private counsel
pursuant to this section shall cause to be submitted to the board of
trustees of the community college at which he is employed any proposed
settlement which may be subject to indemnification or payment by the
local sponsor and if not inconsistent with the provisions of this
section such board of trustees of the community college at which he is
employed shall certify such settlement, and submit such settlement and
certification to the local sponsor. The local sponsor shall review such
proposed settlement as to form and amount, and shall give its approval
if in its judgment the settlement is in the best interest of the local
sponsor and the community college. Nothing in this subdivision shall be
construed to authorize the local sponsor to indemnify and save harmless
an employee with respect to a settlement or pay any such settlement not
so reviewed and approved.

(c) Nothing in this subdivision shall authorize the local sponsor 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 section fifty-one of the general municipal law;
provided, however, that the local sponsor shall indemnify and save
harmless its employees in the amount of any costs, attorneys' fees,
damages, fines or penalties which may be imposed by reason of an
adjudication that an employee, acting within the scope of his public
employment or duties, has, without willfulness or intent on his part,
violated a prior order, judgement, 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 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 of the community college at which he is employed; and
if not inconsistent with the provisions of this section, such judgment
or settlement shall be certified for payment by such board. If the local
sponsor concurs in such certification, the judgment or settlement shall
be paid upon the audit and warrant of the chief fiscal officer of the
local sponsor.

4. The duty to defend or indemnify and save harmless prescribed by
this section shall be conditioned upon (i) delivery to the local sponsor
at its main business office 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 (ii) the full
cooperation of the employee in the defense of such action or proceeding
and in defense of any action or proceeding against the community college
or local sponsor 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 local sponsor provide for his defense pursuant to
this section.

5. The benefits of this section 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 section be construed to affect,
alter or repeal any provision of the workers' compensation law.

6. The provisions of this section shall not in any way affect the
obligation of any claimant to give notice to the local sponsor under any
provision of law.

7. 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.

8. The provisions of this section shall apply to all actions and
proceedings pending upon the effective date thereof or thereafter
instituted.

9. 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 available to or
conferred upon any unit, entity, officer or employee of the sponsor or
any other level of government, or any right to defense and/or
indemnification provided for any governmental officer or employee by, in
accordance with, or by reason of, any other provision of state or
federal statutory or common law.

10. If any provision of this section 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 section or the application of any such provision
to any other person or circumstance.

11. In the case of colleges sponsored by community college regions,
references in this section to the board of trustees of a community
college shall mean the president of colleges sponsored by such regions.