§ 6309. Reimbursement of defense costs incurred by or on behalf of
community college trustees, officers and employees. 1. As used in this
section, unless the context otherwise requires, 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 or
her estate, or judicially appointed personal representative.

2. (a) Upon compliance by the employee with the provisions of
subdivision three of this section, and subject to the conditions set
forth in paragraph (b) of this subdivision, it shall be the duty of the
local sponsor of a community college to pay reasonable attorneys' fees
and litigation expenses incurred by or on behalf of an employee in his
or her defense of a criminal proceeding in a state or federal court
arising out of any act which occurred while such employee was acting
within the scope of his or her public employment or duties, upon his or
her acquittal, or upon the dismissal of the criminal charges against him
or her, or reasonable attorney's fees incurred in connection with an
appearance before a grand jury which returns no true bill against the
employee where such appearance was required as a result of any act which
occurred while such employee was acting within the scope of his or her
public employment or duties unless such appearance occurs in the normal
course of the public employment or duties of such employee.

(b) Upon the application for reimbursement of reasonable attorneys'
fees or litigation expenses, or both, made by or on behalf of an
employee as provided in subdivision three of this section, the local
sponsor shall determine, based upon its investigation and its review of
the facts and circumstances, whether such reimbursement shall be paid.
The local sponsor shall notify the employee in writing of such
determination. Upon determining that such reimbursement should be
provided, the local sponsor shall so certify to its chief fiscal
officer. Upon such certification, reimbursement shall be made for such
fees or expenses, or both, upon the audit and warrant of the chief
fiscal officer. Any dispute with regard to entitlement to reimbursement
or the amount of litigation expenses or the reasonableness of attorneys'
fees shall be resolved by a court of competent jurisdiction upon
appropriate motion or by way of a special proceeding.

3. Reimbursement of reasonable attorneys' fees or litigation expenses,
or both, by the local sponsor as prescribed by this section shall be
conditioned upon (a) delivery to the local sponsor at its main business
office by the employee of a written request for reimbursement of
expenses together with, in the case of a criminal proceeding, the
original or a copy of an accusatory instrument within ten days after the
employee is arraigned upon such instrument or, in the case of a grand
jury appearance, written documentation of evidence of such appearance
and (b) the full cooperation of the employee in defense of any action or
proceeding against the community college or local sponsor based upon the
same act, and in the prosecution of any appeal.

4. 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 provisions of state or
federal statutory or common law.

5. If any provision of this section or the application thereof to any
person or circumstance by 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 circumstances.