PUBLIC OFFICERS LAW
Laws 1909, Chap. 51.

AN ACT in relation to public officers, constituting chapter forty-
seven of the consolidated laws.

Became a law February 17, 1909, with the approval of the
Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

CHAPTER 47 OF THE CONSOLIDATED LAWS
PUBLIC OFFICERS LAW

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ARTICLE 2

Appointment and Qualification of Public Officers

Section        3.   Qualifications for holding office.

               3-a. Restrictions upon holding public office or
                    employment of persons removed from office for
                    certain reasons.

               3-b. Special peace officers to be citizens.

               4.   Commencement of term of office.

               5.   Holding over after expiration of term.

               6.   Mode of choosing state officers if not
                    otherwise provided.

               7.   Appointment by the governor and senate.

               8.   Commissions of officers.

               9.   Deputies, their appointment, number and
                    duties.

               10.  Official oaths.

               11.  Official undertakings.

               12.  Force and effect of official undertaking.

               13.  Notice of neglect to file oath or
                    undertaking.

               14.  Effect of consolidation on terms of office.

               15.  Validation of official acts performed before
                    filing official oath or undertaking.

               16.  Qualifications of certain judicial officers
                    in cities of the first class.

               17.  Defense and indemnification of state officers
                    and employees.

               18.  Defense and indemnification of officers and
                    employees of public entities.

               19.  Reimbursement of defense costs incurred by or
                    on behalf of state employees.

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Section 3.     Qualifications for holding office.

1.   No person shall be capable of holding a civil office who
     shall not, at the time he shall be chosen thereto, have
     attained the age of eighteen years, except that in the case
     of youth boards, youth commissions or recreation commissions
     only, members of such boards or commissions may be under the
     age of eighteen years, but must have attained the age of
     sixteen years on or before appointment to such youth board,
     youth commission or recreation commission, be a citizen of
     the United States, a resident of the state, and if it be a
     local office, a resident of the political subdivision or
     municipal corporation of the state for which he shall be
     chosen, or within which the electors electing him reside, or
     within which his official functions are required to be
     exercised, or who shall have been or shall be convicted of a
     violation of the selective draft act of the United States,
     enacted May eighteenth, nineteen hundred seventeen, or the
     acts amendatory or supplemental thereto, or of the federal
     selective training and service act of nineteen hundred forty
     or the acts amendatory thereof or supplemental thereto.

2.   Neither the provisions of this section or of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a person as a member of the police
     force of any political subdivision or municipal corporation
     of the state if such person resides (a) in the county in
     which such political subdivision or municipal corporation is
     located; or (b) in a county within the state contiguous to
     the county in which such political subdivision or municipal
     corporation is located; or (c) in a county within the state
     contiguous to such political subdivision or municipal
     corporation; or (d) in a county within the state contiguous
     to a county described in item (c) hereof where the former is
     less than fifteen miles from such political subdivision or
     municipal corporation, measured from their respective
     nearest boundary lines; or (e) in a county within the state
     contiguous to a county described in item (d) hereof where
     the former is less than thirty miles from such political
     subdivision or municipal corporation, measured from their
     respective nearest boundary lines.

2-a. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a member of the department of
     sanitation of any municipality of the state who resides in a
     county within the state contiguous to such municipality.

2-b. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of an officer or employee of the parole
     commission of an municipality of the state if such person
     resides (a) in a county in which such political subdivision
     or municipal corporation is located; or (b) in a county
     within the state contiguous to the county in which such
     political subdivision or municipal corporation is located;
     or (c) in a county within the state contiguous to such
     political subdivision or municipal corporation; or (d) in a
     county within the state contiguous to a county described in
     item (c) hereof where the former is less than fifteen miles
     from such political subdivision or municipal corporation,
     measured from their respective nearest boundary lines.

2-b. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision of the state for which he shall be
     chosen, shall apply to the appointment of a person, as an
     emergency special deputy sheriff, by the sheriff of a county
     who has declared a state of special emergency pursuant to
     section two hundred nine-f of the general municipal law, if
     such person is at the time either a regular, part time or
     special deputy sheriff of another county.

3.   Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the state, from accepting or
     retaining an appointment as a notary public, as provided in
     section one hundred thirty of the executive law, although he
     resides in or removes to an adjoining state. For the
     purposes of accepting and retaining an appointment as a
     notary public such person shall be deemed a resident of the
     county where he maintains such office for the practice of
     law.

3-a. Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the city of New York, from
     accepting or retaining an appointment as a commissioner of
     deeds in and for the city of New York, as provided in
     section one hundred forty of the executive law, although he
     resides in or removes to another city in this state or to an
     adjoining state. For the purposes of accepting and retaining
     an appointment as a commissioner of deeds in and for the
     city of New York, such person shall be deemed a resident of
     the county where he maintains such office.

4.   Except as otherwise provided in subdivision nine of this
     section, persons heretofore or hereafter employed in the
     paid fire department of a city, town, village or fire
     district shall not be deemed to be holding a civil office or
     a local office within the meaning of this section and the
     provisions of this section shall not apply to such persons.
     The provisions of any general, special or local law, city or
     village charter, code or ordinance, or any rule or
     regulation requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised shall not apply to
     the appointment or continuance in office of any such person
     so employed, if such person resides in the county, or one of
     the counties, in which such political subdivision or
     municipal corporation is located.

5.   Volunteer firemen and volunteer fire officers of a fire
     department or any company or unit thereof shall not be
     deemed to be holding a civil office or a local office within
     the meaning of this section and the provisions of this
     section shall not apply to such volunteer firemen and
     volunteer fire officers. This subdivision shall not be
     deemed to amend, modify or supersede any other general,
     special or local law, city or village charter, code or
     ordinance, or any rule or regulation governing any such fire
     department, which prescribes the qualifications which a
     person must have to be a volunteer fireman or a volunteer
     fire officer of a political subdivision or municipal
     corporation.

6.   The provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not apply to the appointment of trustees of
     a public village library, who reside outside the village in
     which such library is located.

7.   Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the state, from accepting or
     retaining an appointment as a commissioner of deeds in and
     for the city of New York, as provided in section one hundred
     forty of the executive law, although he resides in or
     removes to any other county in the state or an adjoining
     state. For the purposes of accepting and retaining an
     appointment as a commissioner of deeds such person shall be
     deemed a resident of the county where he maintains such
     office for the practice of law.

8.   The provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen, or
     within which his official functions are required to be
     exercised, shall not apply in the case of any probation
     officers heretofore or hereafter appointed; nor shall they
     be applicable in the case of any other persons heretofore or
     hereafter appointed to non-judicial positions in the courts
     in this state, except those appointed to positions in courts
     for towns, villages and cities outside the city of New York.
     This subdivision shall not be deemed to amend, modify or
     supersede any other general, special or local law, charter,
     code or ordinance, or any rule or regulation which
     prescribes the qualifications which a person must have to be
     appointed to a position referred to herein.

9.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a paid member of the uniformed force
     of a paid fire department or to the appointment of any
     person employed in a department of correction in the
     correction service classification of the classified civil
     service, or to the appointment of officers and inspectors
     who are employees of a department of health of any city of
     over one million population who resides (a) in the county in
     which such city is located; or (b) in a county within the
     state contiguous to the county in which said city is
     located; or (c) in a county within the state contiguous to
     such city; or (d) in a county within the state which is not
     more than fifteen miles from said city.

10.  Neither the provisions of this section, nor of any general,
     special or local law, charter, code or ordinance,
     resolution, rule or regulation, requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall apply to the appointment of a member of a
     drug abuse prevention council of any municipality of the
     state if such person resides in a county in which such
     political subdivision or municipal corporation is located.

11.  In the city of Salamanca the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     regularly admitted to practice as an attorney or counsellor
     in the courts of record of this state from holding the
     office of city attorney or city justice of the city of
     Salamanca, if such person resides in the county in which
     such city is located.

12.  The provisions of this section or of any other provision of
     law requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not apply to the
     appointment of public officers in the city of Troy, except
     the city manager of such city, provided that such appointed
     officers are residents of the county of Rensselaer.

13.  In the city of Hudson the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of city court judge of the city of
     Hudson, provided that such person resides in the county in
     which such city is located.

14.  In the town of Mount Pleasant, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town engineer of the town of Mount Pleasant,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

15.  In the town of North Castle, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town engineer of the town of North Castle,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

16.  In the town of New Castle, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town superintendent of highways or town engineer
     of the town of New Castle, provided that such person resides
     in the county in which such town is located or an adjoining
     county within the state of New York or such town provides by
     resolution that such person need not be a resident of such
     town, but must be a resident of New York state.

17.  In the town of North Salem, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town building inspector or deputy town building
     inspector of the town of North Salem, provided that such
     person resides in the county in which such town is located
     or an adjoining county within the state of New York.

18.  In the town of Mount Pleasant, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of comptroller or building inspector of the town of
     Mount Pleasant, provided that such person resides in the
     county in which such town is located or an adjoining county
     within the state of New York.

19.  Any person who resides in this state and who is currently
     employed as a member of the police force, a paid member of
     the uniformed force of a paid fire department or department
     of corrections in the correctional service classification of
     the classified civil service, of a city of over one million
     population, shall be exempt from the provisions of
     subdivisions one, two and nine of this section upon
     compliance with the procedure set forth in this subdivision.
     Any person seeking to benefit from the exemption created by
     this subdivision shall notify his respective employer in
     writing of said intention within thirty days from the
     effective date of this subdivision and shall specify his
     then current residence address. The exemption created by
     this subdivision shall be applicable only to said actual
     designated residence and not to any residence that any
     subject currently employed member may thereafter establish;
     provided, however, that any such currently employed member
     who resides outside this state shall have one year from the
     effective date of this subdivision within which to establish
     residence as required pursuant to subdivisions one, two and
     nine of this section and comply with the notice requirements
     of this subdivision. Said residence shall constitute a
     lawful residence for all purposes notwithstanding any
     provision to the contrary of any general, special or local
     law, charter, code, ordinance, resolution, rule or
     regulation.

*20. In the town of Carmel, Putnam county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of town engineer of the town of
     Carmel or the office of wetlands inspector of the town of
     Carmel provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

* NB There are 4 sub 20's

*20. In the town of Bolivar, Allegany county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town superintendent of
     highways of the town of Bolivar, provided that such person
     resides in the county in which such town is located.

* NB There are 4 sub 20's

*20. In the city of Ithaca, Tompkins county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of member of the board of
     fire commissioners of the city of Ithaca, provided that such
     person resides in the county in which such city is located
     and within the town of Ithaca.

* NB There are 4 sub 20's

*20. In the town of Mamaroneck, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of deputy town clerk of the town of Mamaroneck,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

* NB There are 4 sub 20's

21.  In the town of Lewisboro, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Lewisboro provided that such person resides in the county
     in which such town is located or an adjoining county within
     the state of New York.

22.  In the town of Lewisboro, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town building inspector or
     deputy town building inspector of the town of Lewisboro
     provided that such person resides within the state of New
     York.

23.  In the town of Sweden, Monroe county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of court clerk of the town of
     Sweden, provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

*24. In the town of Greenburgh, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised shall not prevent a person from holding any
     appointed public office, provided that such person resides
     in the state of New York.

* NB There are 3 sb 24's

*24. In the town of Ogden, Monroe county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of court clerk of the town of Ogden,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

* NB There are 3 sb 24's

*24. In the towns of Aurora, Holland and Marilla, Erie county,
     the provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of court clerk to the justices of the towns of
     Aurora, Holland and Marilla provided that such person
     resides in the county in which such town is located or an
     adjoining county within the state of New York.

* NB There are 3 sb 24's

25.  In the town of Patterson, Putnam county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of wetlands inspector
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

26.  In the town of Ithaca, Tompkins county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Ithaca provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

27.  In the town of Bedford, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of court clerk, deputy court
     clerk or any position within the court clerk's office of the
     town of Bedford.

28.  In respect to public officers employed by Westchester
     county, the provisions of this section requiring a person to
     be a resident of the political subdivision or municipal
     corporation of the state for which he or she shall be chosen
     or within which his or her official functions are required
     to be exercised shall not prevent a person from holding any
     appointed public office, provided that such person resides
     in the state of New York.

29.  In the town of Somers, Westchester county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Somers.

30.  In the town of Pound Ridge, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town building inspector or town superintendent of
     highways and their deputies of the town of Pound Ridge
     provided that such persons reside in a town contiguous to
     the town of Pound Ridge and within the county of
     Westchester, state of New York.

31.  In the town of Victor, Ontario county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of court clerk
     of the town of Victor, provided that such person resides in
     an adjoining town in the county in which such town is
     located.

32.  In the village of Penn Yan, Yates county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of justice court clerk of the
     village of Penn Yan, provided that such person resides in
     the county in which such village is located or an adjoining
     county within the state of New York.

32.  In the town of North East, Dutchess county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of North East, provided that such person resides in the
     county in which such town is located or an adjoining county
     within the state of New York.

33.  In the Flint Creek Small Watershed Protection district in
     the counties of Ontario and Yates, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding a district office, provided that such person
     owns real property within the district boundaries.

34.  In the town of Hamlin, county of Monroe, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of court clerk
     of the town of Hamlin, provided that such person resides in
     the county in which such town is located or an adjoining
     county within the state of New York.

34.  In the village of Goshen, Orange county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of treasurer of the village
     of Goshen, provided that such person resides within the
     state of New York.

34.  In the town of Grove, Allegany county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of town justice
     of the town of Grove, provided that such person resides in
     the county in which such town is located. Provided, however,
     the person performing the functions of town justice in any
     other town shall be a resident of such town unless otherwise
     provided by an act of the state legislature.

35.  Nothing herein contained shall operate to prevent an
     otherwise qualified officer or agent of any society for the
     prevention of cruelty to children having its principal
     office located within a city with a population of one
     million or more from accepting or retaining appointment as a
     peace officer with such society when such officer or agent
     satisfies the provisions as to residence set forth in
     subdivision two of this section.

36.  In the village of Arkport, Steuben county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of clerk/treasurer of the
     village of Arkport, provided that such person resides in the
     county in which such village is located or an adjoining
     county within the state of New York.

37.  In the town of Independence, Allegany county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which such person shall be chosen or within which such
     person's official functions are required to be exercised,
     shall not prevent a person from holding the office of town
     justice of the town of Independence, provided that such
     person resides in the county in which such town is located.
     Provided, however, the person performing the functions of
     town justice in any other town shall be a resident of such
     town, unless otherwise provided by an act of the state
     legislature.

38.  In the county of Yates, the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of assistant district attorney of
     the county of Yates, other than the first assistant district
     attorney, provided that such person resides in Yates county
     or an adjoining county within the state of New York.


Sec. 3-a. Restrictions upon holding public office or employment
          of persons removed from office for certain reasons.

Any public officer who, upon being called before a grand jury to
testify concerning the conduct of his office or the performance
of his official duties, refuses to sign a waiver of immunity
against subsequent criminal prosecution, or to answer any
relevant question concerning such matters before such grand jury
and who, by virtue thereof, has been removed from such public
office by the appropriate authority or who has forfeited such
office at the suit of the attorney general shall not be capable
of holding a civil office or public employment for a period of
five years from the date of the removal from or forfeit of such
public office.


Section 3-b.   Special peace officers to be citizens.

No sheriff of a county, mayor of a city, or official, or other
persons authorized by law to appoint special deputy sheriffs,
special constables, marshals, police officers, or peace officers
in this state, to preserve the public peace or quell public
disturbance, shall hereafter, at the instance of any agent,
society, association or corporation, or otherwise, appoint as
such special deputy, special constable, marshal, police officer,
or peace officer, any person who shall not be a citizen of the
United States and a resident of the state of New York, and
entitled to vote therein at the time of his appointment, and a
resident of the same county as the mayor or sheriff or other
official making such appointment; provided, however, that when,
in the judgment of a sheriff of a county except those counties
within the city of New York a situation exists which requires
temporary additional assistance, such sheriff may appoint special
deputy sheriffs who are non-residents of the county but residents
of the state of New York who shall hold office until such time as
the appointing sheriff determines that the situation no longer
exists; and no person shall assume or exercise the functions,
powers, duties or privileges incident and belonging to the office
of special deputy sheriff, special constables, marshal, police
officer, or peace officer, without having first received his
appointment in writing from the authority lawfully appointing
him. Nothing herein contained, however, shall apply to the
appointment of a non-resident, as an emergency special deputy
sheriff, by the sheriff of any county to act when such sheriff
has declared a state of special emergency pursuant to the
provisions of section two hundred nine-f of the general municipal
law. Any person otherwise qualified who resides in either the
county of Nassau or the county of Suffolk may at the instance of
a society for the prevention of cruelty to animals be appointed
as a peace officer by the appropriate appointing official of
either of such counties notwithstanding that such appointee does
not reside in the same county as the appointing official.

A violation of the provisions of this section is a misdemeanor.


Sec. 4.   Commencement of term of office.

1.   The term of office of an elective officer, unless elected to
     fill a vacancy then existing, shall commence on the first
     day of January next after his election, if the commencement
     thereof be not otherwise fixed by law.

2.   All terms of city officers, including supervisors, elected
     in any city or part of a city, and of county officers in the
     city of New York, shall expire at the end of an odd-numbered
     year. Such officers shall be elected, except to fill a
     vacancy, at the general election in odd-numbered years. This
     subdivision shall not apply to any judicial officer.


Sec. 5.   Holding over after expiration of term.

Every officer except a judicial officer, a notary public, a
commissioner of deeds and an officer whose term is fixed by the
constitution, having duly entered on the duties of his office,
shall, unless the office shall terminate or be abolished, hold
over and continue to discharge the duties of his office, after
the expiration of the term for which he shall have been chosen,
until his successor shall be chosen and qualified; but after the
expiration of such term, the office shall be deemed vacant for
the purpose of choosing his successor. An officer so holding over
for one or more entire terms, shall, for the purpose of choosing
his successor, be regarded as having been newly chosen for such
terms. An appointment for a term shortened by reason of a
predecessor holding over, shall be for the residue of the term
only.


Sec. 6.   Mode of choosing state officers if not otherwise
          provided.

If the law shall not otherwise provide the mode of choosing a
state officer, he shall be appointed by the governor by and with
the advice and consent of the senate.


Sec. 7.   Appointment by the governor and senate.

An appointment to an office by the governor by and with the
advice and consent of the senate, shall be made by communicating
to the senate, while in session, a written nomination of a person
for the office, designating the residence of the nominee, and if
nominated to be an officer of a political subdivision of the
state, designating also such subdivision, and if nominating two
or more persons to the same office for different terms,
designating the term for which each is nominated. If such
nomination be of a successor to a predecessor in the same office,
it may be made and acted upon by the senate after the expiration
of the term or occurrence of a vacancy in the office of such
predecessor, or at any time during the legislative session of the
calendar year in which the term of office of such predecessor
shall expire or in which the office shall become vacant. If the
appointment be made before the expiration of the term of such
predecessor, the term of office of the appointee shall commence
upon the expiration of the term of such predecessor, or if made
to fill a vacancy, upon the occurrence of such vacancy, or
immediately if a vacancy already exist. If the senate shall
reject such nomination, the secretary of the senate shall
forthwith communicate, by writing, signed by him and by the
president of the senate, to the governor the fact of such
rejection. If the senate shall confirm such nomination the
appointment shall be deemed complete, and thereupon duplicate
certificates of the confirmation shall be made and signed by the
president and secretary of the senate, who shall cause one to be
delivered to the governor and the other to the secretary of
state, who shall record the same in his office in a book kept for
that purpose.


Sec. 8.   Commissions of officers.

The commission of every officer appointed by the governor, or by
the governor by and with the consent of the senate, shall be
signed by the governor and attested under the seal of this state,
by the secretary of state, who shall make and record in his
office a copy of such commission, and deliver the original to the
officer appointed, by a messenger, if the governor shall so
direct, and otherwise, by mail, or as the secretary of state
shall deem proper. Commissions of notaries public shall be signed
by the secretary of state, or by a person or persons in the
department of state designated by the secretary of state, and
shall be sent to the county clerk of the county in which such
notaries public respectively reside. Commissions of commissioners
of deeds in other states, territories and foreign countries,
shall be signed by the secretary of state, or by a person or
persons in the department of state designated by secretary of
state. Every other appointment of an officer, made by one or more
state officers, shall be in writing, and signed by the officer or
officers, or by a majority of the officers, or by the presiding
officer of the board or body making the appointment. Every such
written appointment shall be deemed the commission of the officer
appointed, and if of a state officer, a duplicate or a certified
copy thereof shall be recorded in the office of the department of
state; if of a local officer it shall be sent to the clerk of the
county in which the officer appointed shall then reside, who
shall file the same in his office, and notify the officer
appointed of his appointment.


Sec. 9.   Deputies, their appointment, number and duties.

Every deputy, assistant, or other subordinate officer, whose
appointment or election is not otherwise provided for, shall be
appointed by his principal officer, board or other body, and the
number thereof, if not otherwise prescribed by law, shall be
limited in the discretion of the appointing power. If there is
but one deputy, he shall, unless otherwise prescribed by law,
possess the powers and perform the duties of his principal during
the absence or inability to act of his principal, or during a
vacancy in his principal's office. If there be two or more
deputies of the same officer, such officer may designate, in
writing, the order in which the deputies shall act, in case of
his absence from the office or his inability to act, or in case
of a vacancy in the office, and if he shall fail to make such
designation, the deputy longest in office present shall so act.
If two or more deputies present shall have held the office for
the same period, the senior deputy in age shall so act. Such
written designation by a state officer shall be filed in the
office of the secretary of state; and by any other officer, in
the office of the clerk of the county in which the principal has
his office. If a vacancy in a public office shall be caused by
the death of the incumbent, the deputies shall, unless otherwise
provided by law, continue to hold office until the vacancy shall
have been filled in accordance with law.


Sec. 10.  Official oaths.

Every officer shall take and file the oath of office required by
law, and every judicial officer of the unified court system, in
addition, shall file a copy of said oath in the office of court
administration, before he shall be entitled to enter upon the
discharge of any of his official duties. An oath of office may be
administered by a judge of the court of appeals, the attorney
general, or by any officer authorized to take, within the state,
the acknowledgment of the execution of a deed of real property,
or by an officer in whose office the oath is required to be filed
or by his duly designated assistant, or may be administered to
any member of a body of officers, by a presiding officer or
clerk, thereof, who shall have taken an oath of office. An oath
of office may be administered to any state or local officer who
is a member of the armed forces of the United States by any
commissioned officer, in active service, of the armed forces of
the United States. In addition to the requirements of any other
law, the certificate of the officer in the armed forces
administering the oath of office under this section shall state
(a) the rank of the officer administering the oath, and (b) that
the person taking the oath was at the time, enlisted, inducted,
ordered or commissioned in or serving with, attached to or
accompanying the armed forces of the United States. The fact that
the officer administering the oath was at the time duly
commissioned and in active service with the armed forces, shall
be certified by the secretary of the army, secretary of the air
force or by the secretary of the navy, as the case may be, of the
United States, or by a person designated by him to make such
certifications, but the place where such oath was administered
need not be disclosed. The oath of office of a notary public or
commissioner of deeds shall be filed in the office of the clerk
of the county in which he shall reside. The oath of office of
every state officer shall be filed in the office of the secretary
of state; of every officer of a municipal corporation, including
a school district, with the clerk thereof; and of every other
officer, including the trustees and officers of a public library
and the officers of boards of cooperative educational services,
in the office of the clerk of the county in which he shall
reside, if no place be otherwise provided by law for the filing
thereof.


Sec. 11.  Official undertakings.

1.   Every official undertaking, when required by or in pursuance
     of law to be hereafter executed or filed by any officer,
     shall be to the effect that he will faithfully discharge the
     duties of his office and promptly account for and pay over
     all moneys or property received by him as such officer, in
     accordance with law, or in default thereof, that the parties
     executing such undertaking will pay all damages, costs and
     expenses resulting from such default, not exceeding a sum,
     if any, specified in such undertaking. The undertaking of a
     state officer or clerk or employee shall be approved by the
     attorney-general as to its form and manner of execution and
     by the comptroller as to the sufficiency of the sureties and
     be filed in the comptroller's office. The undertaking of a
     municipal officer shall, if not otherwise provided by law,
     be approved as to its form and the sufficiency of the
     sureties by the chief executive officer or by the governing
     body of the municipality and be filed with the clerk
     thereof. The approval by such governing body may be a
     resolution, a certified copy of which shall be attached to
     the undertaking. The undertaking of such county officer
     shall, if not otherwise provided by law, be approved as to
     its form and the sufficiency of the sureties by the clerk of
     the county, and filed in his office, except that a duplicate
     undertaking of a county clerk and county treasurer shall be
     filed in the office of the state comptroller. The
     undertaking of a town officer shall, if not otherwise
     provided by law, be approved as to its form and the
     sufficiency of the sureties by the clerk of the county and
     filed in his office. The sum specified in an official
     undertaking shall be the sum for which such undertaking
     shall be required by or in pursuance of law is given. If no
     sum, or a different sum from that required by or in
     pursuance of law, be specified in the undertaking, it shall
     be deemed to be an undertaking for the amount so required.
     If no sum be required by or in pursuance of law to be so
     specified, the officer or board authorized to approve the
     undertaking shall fix the sum to be specified therein. Every
     official undertaking shall be executed and duly acknowledged
     by at least two sureties, each of whom shall add thereto his
     affidavit that he is a freeholder or householder within the
     state, stating his occupation and residence and the street
     number of his residence and place of business if in a city,
     and a sum which he is worth over and above his just debts
     and liabilities and property exempt from execution. The
     aggregate of the sums so stated in such affidavits must be
     at least double the amount specified in the undertaking. If
     the surety on an official undertaking of a state or local
     officer, clerk or employee of the state or political
     subdivision thereof or of a municipal corporation be a
     fidelity or surety corporation, the reasonable expense of
     procuring such surety, not exceeding one percentum per annum
     upon the sum for which such undertaking shall be required by
     or in pursuance of law to be given, shall be a charge
     against the state or political subdivision or municipal
     corporation respectively in and for which he is elected or
     appointed, except that the expense of procuring such surety
     as aforesaid, on an official undertaking of any officer,
     clerk or employee in any city department of the city of New
     York, or of any office, board or body of said city, or of a
     borough or county within said city, including officers,
     clerks and employees of every court within said city, shall
     not be a charge upon said city or upon any of the counties
     contained within said city, unless the comptroller of the
     said city, shall first have approved the necessity of
     requiring such official undertaking to be given, and shall
     have approved of or fixed the amount of any such official
     undertaking; but this exception shall not apply to an
     official undertaking specifically required by statute to be
     given, and the amount of which is specifically fixed by
     statute. The failure to execute an official undertaking in
     the form or by the number of sureties required by or in
     pursuance of law, or of a surety thereto to make an
     affidavit required by or in pursuance of law, or in the form
     so required, or the omission from such an undertaking of the
     approval required by or in pursuance of law, shall not
     affect the liability of the sureties therein.

2.   Notwithstanding the foregoing provisions of this section or
     any other law, general, special or local, requiring an
     official undertaking to be conditioned substantially to the
     effect that an officer, clerk or employee will faithfully
     discharge his duties and promptly account for and pay over
     all moneys or property received by him in his official
     capacity, it shall be permissible in lieu thereof, with the
     consent and approval of the officer or governing body
     authorized to require the undertaking, for any department or
     agency of the state or any municipal corporation or district
     corporation or department or agency thereof to procure a
     blanket undertaking from any duly authorized corporate
     surety covering officers, clerks and employees. Any such
     blanket undertaking entered into on or after January first,
     nineteen hundred seventy-eight shall indemnify against
     losses:

     (a)  through the failure of the officers, clerks and
          employees covered thereunder faithfully to perform
          their duties or to account properly for all moneys or
          property received by virtue of their positions or
          employment, and

     (b)  through fraudulent or dishonest acts committed by the
          officers, clerks and employees covered thereunder.

     Notwithstanding any provisions of the civil practice law and
     rules any such blanket undertaking entered into prior to
     January first, nineteen hundred eighty-three may contain a
     provision that no suit, action or proceeding of any kind to
     recover on account of loss under such blanket undertaking
     shall be brought after the expiration of three years from
     the cancellation of such blanket undertaking as an entirety.
     Any such blanket undertaking shall be approved as to its
     form, manner of execution and sufficiency of the surety and
     filed and the expense of procuring such surety paid in the
     same manner as provided in subdivision one of this section.
     The failure to execute such blanket undertaking in the form
     required by law, or the omission of the approval required by
     law, shall not affect the liability of the surety thereon.

3.   Nothing herein contained shall be construed to prevent the
     procuring of a blanket undertaking to cover the liability of
     employees handling funds collected pursuant to the
     provisions of section fifty of the vehicle and traffic law.

4.   Notwithstanding the provisions of this section or any other
     law, general or special, requiring an official undertaking
     or bond to be conditioned substantially to the effect that a
     state officer, clerk or employee will faithfully discharge
     his duties and promptly account for and pay over all moneys
     or property received by him in his official capacity, the
     comptroller may, in his discretion, waive the requirement of
     procuring such official undertaking or bond, and the expense
     of procuring an official undertaking or bond shall not be a
     charge upon the state unless the comptroller shall first
     have approved the necessity of requiring such official
     undertaking or bond.


Sec. 12.  Force and effect of official undertaking.

An officer of whom an official undertaking is required, shall not
receive any money or property as such officer, or do any act
affecting the disposition of any money or property which such
officer is entitled to receive or have the custody of, before he
shall have filed such undertaking; and any person having the
custody or control of any such money or property shall not
deliver the same to any officer of whom an undertaking is
required until such undertaking shall have been given. If a
public officer required to give an official undertaking, enters
upon the discharge of any of his official duties before giving
such undertaking, the sureties upon his undertaking subsequently
given for or during his official term shall be liable for all his
acts and defaults done or suffered and for all moneys and
property received during such term prior to the execution of such
undertaking, or if a new undertaking is given, from the time
notice to give such new undertaking is served upon him. Every
official undertaking shall be obligatory and in force so long as
the officer shall continue to act as such and until his successor
shall be appointed and duly qualified, and until the conditions
of the undertaking shall have been fully performed. When an
official undertaking is renewed pursuant to law the sureties upon
the former undertaking shall not be liable for any official act
done or moneys received after the due execution, approval and
filing of the new undertaking.


Sec. 13.  Notice of neglect to file oath or undertaking.

The officer or body making the appointment or certificate of
election of a public officer shall, if the officer be required to
give an official undertaking to be filed in an office other than
that in which the written appointment or certificate of election
is to be filed, forthwith give written notice of such appointment
or election to the officer in whose office the undertaking is to
be filed. If any officer shall neglect, within the time required
by law, to take and file an official oath, or execute and file an
official undertaking, the officer, with whom or in whose office
such oath or undertaking is required to be filed, shall forthwith
give notice of such neglect, if of an appointive officer, to the
authority appointing such officer; if of an elective officer, to
the officer, board or body authorized to fill a vacancy in such
office, if any, or if none and a vacancy in the office may be
filled by a special election, to the officer, board or body
authorized to call or give notice of a special election to fill
such vacancy; except that the notice of failure of a justice of
the peace to file his official oath, shall be given to the town
clerk of the town for which the justice was elected.


Sec. 14.  Effect of consolidation on terms of office.

If an office be continued by the consolidated laws constituting
the consolidation of which this chapter is a part, the person
lawfully holding such office at the time of the taking effect of
such consolidated laws shall, subject to the provisions of such
consolidated laws, continue therein for the term for which he was
chosen, or if holding over after the expiration of his term,
until his successor shall be chosen and shall have qualified.


Sec. 15.  Validation of official acts performed before filing
          official oath or undertaking.

If a public officer, duly chosen, has heretofore entered, or
shall hereafter enter on the performance of the duties of his
office, without taking or filing an official oath, or executing
or filing an official undertaking, as required by the
constitution, or by any general or special law, his acts as such
officer, so performed, shall be as valid and of as full force and
effect as if such oath had been duly taken and filed, and as if
such undertaking had been duly executed and filed,
notwithstanding the provisions of any general or special law
declaring any such office vacant, or authorizing it to be
declared vacant, or to be filled as in case of vacancy, or
imposing any other forfeiture or penalty for omission to take or
file any such oath, or to execute or file any such undertaking;
but this section shall not otherwise affect any provision of any
general or special law, declaring any such office vacant, or
authorizing it to be declared vacant, or to be filled as in case
of vacancy, or imposing any other forfeiture or penalty, by
reason of the failure to take or file any such oath or to execute
or file any such undertaking; and this section shall not relieve
any such officer from criminal liability for entering on the
discharge of his official duties without taking or filing such
oath or executing or filing such undertaking.


Sec. 16.  Qualifications of certain judicial officers in cities
          of the first class.

A person shall be eligible for appointment to the office of
magistrate, judge or justice of an inferior court of criminal
jurisdiction in a city of the first class, who shall at the time
of such appointment be of full age, a citizen of the United
States, a resident of the city, an attorney and counsellor-at-law
admitted to practice for the period prescribed by special law, or
in lieu thereof shall have been a member of the legislature of
the state for at least twelve consecutive years, notwithstanding
the provisions of any general or special law inconsistent
herewith.


Sec. 17.  Defense and indemnification of state officers and
          employees.

1.   (a)  As used in this section, unless the context
          otherwise requires the term "employee" shall mean any
          person holding a position by election, appointment or
          employment in the service of the state, including
          clinical practice pursuant to subdivision fourteen of
          section two hundred six of the public health law,
          whether or not compensated, or a volunteer expressly
          authorized to participate in a state-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 and persons who assist the education
          department or the department of health as consultants
          or expert witnesses in the investigation or prosecution
          of alleged professional misconduct, licensure matters,
          restoration proceedings, or criminal prosecutions for
          unauthorized practice pursuant to title eight of the
          education law or title II-A of the public health law.

     (b)  For the purposes of this section, the term "employee"
          shall include members, officers and other persons in
          the employment of the New York state energy research
          and development authority, members of the board of
          directors, officers and other persons in the employment
          of the New York state science and technology
          foundation, and members of the board of directors,
          officers and other persons in the employment of the New
          York state olympic accommodations control corporation
          or serving on its board of directors on or before June
          thirtieth, nineteen hundred eighty.

     (c)  For the purposes of this section, the term "employee"
          shall include members of the state patient
          qualification review board appointed by the
          commissioner of health pursuant to article thirty-three-
          A of the public health law.

     (d)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          facilities development corporation.

     (e)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          environmental facilities corporation for corporate
          projects involving (i) hazardous waste, (ii) industrial
          solid waste activities as defined in section twelve
          hundred eighty-five-g of the public authorities law,
          and (iii) all other activities not covered by
          professional liability insurance.

     (f)  For the purposes of this section, the term "employee"
          shall include ombudsmen designated under section five
          hundred forty-four and section five hundred forty-five
          of the executive law, and shall include such ombudsmen
          without regard to whether they are volunteers or paid
          staff of the office for the aging or of designated
          substate ombudsman programs under the direction of the
          office.

     (g)  For the purposes of this section, the term "employee"
          shall include the members of the board, officers and
          employees of the greenway heritage conservancy for the
          Hudson river valley or the greenway council.

     (h)  For the purposes of this section, the term "employee"
          shall include members of the board, officers and
          employees of the New York local government assistance
          corporation.

     (i)* For purposes of this section, the term "employee" shall
          include the officers and employees of the Central Pine
          Barrens joint planning and policy commission.

* NB Expires 95/03/13

2.   (a)  Upon compliance by the employee with the
          provisions of subdivision four of this section, the
          state 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 state.

     (b)  Subject to the conditions set forth in paragraph (a) of
          this subdivision, the employee shall be entitled to be
          represented by the attorney general, provided, however,
          that the employee shall be entitled to representation
          by private counsel of his choice in any civil judicial
          proceeding whenever the attorney general determines
          based upon his investigation and review of the facts
          and circumstances of the case that representation by
          the attorney general 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 attorney general shall
          notify the employee in writing of such determination
          that the employee is entitled to be represented by
          private counsel. The attorney general 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 section, the attorney general shall so certify
          to the comptroller. Reasonable attorneys' fees and
          litigation expenses shall be paid by the state 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 head of the department, commission,
          division, office or agency in which such employee is
          employed 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.

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

     (b)  An employee represented by the attorney general or by
          private counsel pursuant to this section shall cause to
          be submitted to the head of the department, commission,
          division, office or agency in which he is employed any
          proposed settlement which may be subject to
          indemnification or payment by the state and if not
          inconsistent with the provisions of this section such
          head of the department, commission, division, office or
          agency in which he is employed shall certify such
          settlement, and submit such settlement and
          certification to the attorney general. The attorney
          general 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
          state. Nothing in this subdivision shall be construed
          to authorize the state to indemnify and save harmless
          or pay an employee with respect to a settlement not so
          reviewed and approved by the attorney general.

     (c)  Nothing in this subdivision shall authorize the state
          to indemnify or save harmless an employee with respect
          to fines or penalties, or money recovered from an
          employee pursuant to article seven-a of the state
          finance law; provided, however, that the state 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, judgment, consent decree or stipulation of
          settlement entered in any court of this state or of the
          United States. The attorney general shall promulgate
          such rules and regulations as are necessary to
          effectuate the purposes of this subdivision.

     (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 head of the department,
          commission, division, office or agency in 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 head of the department,
          commission, division, office or agency. If the attorney
          general concurs in such certification, the judgment or
          settlement shall be paid upon the audit and warrant of
          the comptroller. On or before January fifteenth the
          comptroller, in consultation with the department of law
          and other agencies as may be appropriate, shall submit
          to the governor and the legislature an annual
          accounting of judgments, settlements, fees, and
          litigation expenses paid pursuant to this section
          during the preceding and current fiscal years. Such
          accounting shall include, but not be limited to the
          number, type and amount of claims so paid, as well as
          an estimate of claims to be paid during the remainder
          of the current fiscal year and during the following
          fiscal year.

4.   The duty to defend or indemnify and save harmless prescribed
     by this section shall be conditioned upon (i) delivery to
     the attorney general or an assistant attorney general at an
     office of the department of law in the state 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 state 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 state 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.   This section shall not in any way affect the obligation of
     any claimant to give notice to the state under section ten
     of the court of claims act or any other 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 state 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.  The provisions of this section shall not apply to physicians
     who are subject to the provisions of the plan for the
     management of clinical practice income as set forth in the
     policies of the board of trustees, title 8, New York codes
     rules and regulations, regarding any civil action or
     proceeding alleging some professional malpractice in any
     state or federal court arising out of the physician's
     involvement in clinical practice as defined in that plan.


Sec. 18.  Defense and indemnification of officers and employees
          of public entities.

1.   As used in this section, unless the context otherwise
     requires:

     (a)  The term "public entity" shall mean (i) a county, city,
          town, village or any other political subdivision or
          civil division of the state, (ii) a school district,
          board of cooperative educational services, or any other
          governmental entity or combination or association of
          governmental entities operating a public school,
          college, community college or university, (iii) a
          public improvement or special district, (iv) a public
          authority, commission, agency or public benefit
          corporation, or (v) any other separate corporate
          instrumentality or unit of government; but shall not
          include the state of New York or any other public
          entity the officers and employees of which are covered
          by section seventeen of this chapter or by defense and
          indemnification provisions of any other state statute
          taking effect after January first, nineteen hundred
          seventy-nine.

     (b)  The term "employee" shall mean any commissioner, member
          of a public board or commission, trustee, director,
          officer, employee, volunteer expressly authorized to
          participate in a publicly sponsored volunteer program,
          or any other person holding a position by election,
          appointment or employment in the service of a public
          entity, whether or not compensated, but shall not
          include the sheriff of any county or an independent
          contractor. The term "employee" shall include a former
          employee, his estate or judicially appointed personal
          representative.

     (c)  The term "governing body" shall mean the board or body
          in which the general legislative, governmental or
          public powers of the public entity are vested and by
          authority of which the business of the public entity is
          conducted.

2.   The provisions of this section shall apply to any public
     entity:

     (a)  whose governing body has agreed by the adoption of
          local law, by-law, resolution, rule or regulation (i)
          to confer the benefits of this section upon its
          employees, and (ii) to be held liable for the costs
          incurred under these provisions; or

     (b)  where the governing body of a municipality, for whose
          benefit the public entity has been established, has
          agreed by the adoption of local law or resolution (i)
          to confer the benefits of this section upon the
          employees of such public entity, and (ii) to be held
          liable for the costs incurred under these provisions.

3.   (a)  Upon compliance by the employee with the
          provisions of subdivision five of this section, the
          public entity shall provide for the defense of the
          employee in any civil action or proceeding, state or
          federal, arising out of any alleged act or omission
          which occurred or allegedly 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 at the behest of the public entity employing such
          employee.

     (b)  Subject to the conditions set forth in paragraph (a) of
          this subdivision, the employee shall be entitled to be
          represented by private counsel of his choice in any
          civil action or proceeding whenever the chief legal
          officer of the public entity or other counsel
          designated by the public entity determines that a
          conflict of interest exists, or whenever a court, 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 counsel of his choice, provided,
          however, that the chief legal officer or other counsel
          designated by the public entity 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.
          Reasonable attorneys' fees and litigation expenses
          shall be paid by the public entity to such private
          counsel from time to time during the pendency of the
          civil action or proceeding with the approval of the
          governing body of the public entity.

     (c)  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 written
          request for a defense to the public entity under
          subdivision five of this section, the public entity
          shall take the necessary steps 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.

4.   (a)  The public entity shall indemnify and save
          harmless its employees in the amount of any judgment
          obtained against such employees in a 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 claim arose occurred while the employee was
          acting within the scope of his public employment or
          duties; provided further that in the case of a
          settlement the duty to indemnify and save harmless
          shall be conditioned upon the approval of the amount of
          settlement by the governing body of the public entity.

     (b)  Except as otherwise provided by law, 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.

     (c)  Nothing in this subdivision shall authorize a public
          entity to indemnify or 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 public entity 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, judgment, 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
          serve 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 chief
          administrative officer of the public entity; and if not
          inconsistent with the provisions of this section, the
          amount of such judgment or settlement shall be paid by
          the public entity.

5.   The duty to defend or indemnify and save harmless prescribed
     by this section shall be conditioned upon: (i) delivery by
     the employee to the chief legal officer of the public entity
     or to its chief administrative officer of a written request
     to provide for his defense together with the original or a
     copy of any summons, complaint, process, notice, demand or
     pleading within ten 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 public entity based
     upon the same act or omission, and in the prosecution of any
     appeal.

6.   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.

7.   This section shall not in any way affect the obligation of
     any claimant to give notice to the public entity under
     section ten of the court of claims act, section fifty-e of
     the general municipal law, or any other provision of law.

8.   Any public entity is hereby authorized and empowered to
     purchase insurance from any insurance company created by or
     under the laws of this state, or authorized by law to
     transact business in this state, against any liability
     imposed by the provisions of this section, or to act as a
     self-insurer with respect thereto.

9.   All payments made under the terms of this section, whether
     for insurance or otherwise, shall be deemed to be for a
     public purpose and shall be audited and paid in the same
     manner as other public charges.

10.  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.

11.  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 to liability available to or conferred upon any
     unit, entity, officer or employee of any public entity by,
     in accordance with, or by reason of, any other provision of
     state or federal statutory or common law.

12.  Except as otherwise provided in this section, benefits
     accorded to employees under this section shall be in lieu of
     and take the place of defense or indemnification protections
     accorded the same employees by another enactment; unless the
     governing body of the public entity shall have provided that
     these benefits shall supplement, and be available in
     addition to, defense or indemnification protection conferred
     by another enactment.

13.  The provisions of this section shall also be applicable to
     any public library supported in whole or in part by a public
     entity whose governing body has determined by adoption of a
     local law, ordinance, by-law, resolution, rule or regulation
     to confer the benefits of this section upon the employees of
     such public library and to be held liable for the costs
     incurred under these provisions.

14.  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, 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.


Sec. 19.  Reimbursement of defense costs incurred by or on behalf
          of state employees.

1.   (a)  As used in this section, unless the context
          otherwise requires, the term "employee" shall mean any
          person holding a position by election, appointment or
          employment in the service of the state, whether or not
          compensated, or a volunteer expressly authorized to
          participate in a state-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 and
          persons who assist the education department or the
          department of health as consultants or expert witnesses
          in the investigation or prosecution of alleged
          professional misconduct, licensure matters, restoration
          proceedings or criminal prosecutions for unauthorized
          practice pursuant to title eight of the education law
          or title II-A of article two of the public health law.

     (b)  For the purposes of this section, the term "employee"
          shall include members, officers and other persons in
          the employment of the New York state energy research
          and development authority.

     (c)  For the purposes of this section, the term "employee"
          shall include members of the state patient
          qualification review board appointed by the
          commissioner of health pursuant to article thirty-three-
          A of the public health law.

     (d)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          facilities development corporation.

     (e)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          environmental facilities corporation for corporate
          projects involving (i) hazardous waste, (ii) industrial
          solid waste activities as defined in section twelve
          hundred eighty-five-g of the public authorities law,
          and (iii) all other activities not covered by
          professional liability insurance.

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 state 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 public
          employment or duties upon his acquittal or upon the
          dismissal of the criminal charges against him or
          reasonable attorneys' 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 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 for 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 attorney general shall
          determine, based upon his investigation and his review
          of the facts and circumstances, whether such
          reimbursement shall be paid. The attorney general shall
          notify the employee in writing of such determination.
          Upon determining that such reimbursement should be
          provided, the attorney general shall so certify to the
          comptroller. Upon such certification, reimbursement
          shall be made for such fees or expenses or both upon
          the audit and warrant of the comptroller. On or before
          January fifteenth the comptroller, in consultation with
          the department of law and other agencies as may be
          appropriate, shall submit to the governor and the
          legislature an annual accounting of judgments,
          settlements, fees, and litigation expenses paid
          pursuant to this section during the preceding and
          current fiscal years. Such accounting shall include,
          but not be limited to the number, type and amount of
          claims so paid, as well as an estimate of claims to be
          paid during the remainder of the current fiscal year
          and during the following fiscal year. 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 state as prescribed by this section
     shall be conditioned upon (a) delivery to the attorney
     general or an assistant attorney general at an office of the
     department of law in the state 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 he 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 state 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 state 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 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 circumstances.


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