New York Laws
Article 77 - Fines, Penalties, Forfeitures and Costs
3811 - Costs, Expenses and Damages a District Charge in Certain Cases.

§ 3811. Costs, expenses and damages a district charge in certain
cases. 1. Whenever the trustees or board of education of any school
district, or any school district officers, have been or shall be
instructed by a resolution adopted at a district meeting to defend any
action brought against them, or to bring or defend an action or
proceeding touching any district property or claim of the district, or
involving its rights or interests, or to continue any such action or
defense, all their costs and reasonable expenses, as well as all costs
and damages adjudged against them, shall be a district charge and shall
be levied by tax upon the district. Whenever any superintendent,
principal, member of the teaching or supervisory staff, member of a
committee on special education or subcommittee thereof, surrogate parent
as defined in the regulations of the commissioner of education, or any
trustee or member of the board of education of a school district or
non-instructional employee of any school district other than the city
school district of the city of New York or any board of cooperative
educational services shall defend any action or proceeding, other than
a criminal prosecution or an action or proceeding brought against him by
a school district or board of cooperative educational services hereafter
brought against him, including proceedings before the commissioner of
education, arising out of the exercise of his powers or the performance
of his duties under this chapter, all his reasonable costs and expenses,
as well as all costs and damages adjudged against him, shall be a
district charge and shall be levied by tax upon the district or shall
constitute an administrative charge upon the board of cooperative
educational services provided that (a) such superintendent, principal,
member of the teaching or supervisory staff, member of a committee on
special education or subcommittee thereof, surrogate parent as defined
in the regulations of the commissioner of education, non-instructional
employee of any school district or board of cooperative educational
services or such trustee or member of a board of education of such
school district or board of cooperative educational services shall
notify the trustees or board of education or board of cooperative
educational services in writing of the commencement of such action or
proceedings against him within five days after service of process upon
him; and (b) the trustees or board of education or board of cooperative
educational services shall, at any time during the ten days next
following the notice to them of the commencement of such action or
proceedings, have the right to designate and appoint the legal counsel
to represent such superintendent, principal, member of the teaching or
supervisory staff, member of a committee on special education or
subcommittee thereof, surrogate parent as defined in the regulations of
the commissioner of education, non-instructional employee of any school
district or board of cooperative educational services or such trustee
or member of the board of education or board of cooperative educational
services in such action or proceedings against him, in the absence of
which designation and appointment within the time specified such
superintendent, principal, member of the teaching or supervisory staff,
member of a committee on special education or subcommittee thereof,
surrogate parent as defined in the regulations of the commissioner of
education, non-instructional employee of any school district or board of
cooperative educational services or such trustee or member of the board
of education or board of cooperative educational services may select
his own legal counsel; (c) it shall be certified by the court or by the
commissioner of education, as the case may be, that he appeared to have
acted in good faith with respect to the exercise of his powers or the
performance of his duties under this chapter.

2. If the amount claimed hereunder be disputed by a district meeting,
the board of education or the board of trustees, it shall be adjusted by
the county judge of any county in which the district or any part of it
is situated.