§ 6205. Liability of board of trustees and liability of city\nuniversity of New York. 1. The state shall save harmless and indemnify\nmembers of the board of trustees and any duly appointed member of the\nteaching or supervising staff, officer or employee, and a student\nserving on a university or college body or committee which is composed\nof a majority of faculty, administration and trustees, of the senior\ncolleges under the jurisdiction of such board pursuant to section\nseventeen of the public officers law against any claim, demand, suit or\njudgment arising by reason of any act or omission to act by such person\noccurring in the discharge of his duties and within the scope of his\nservice on behalf of such university.\n 2. (a) As used in this subdivision, the term (i) "employee" shall mean\nany person holding a position by appointment or employment at a\ncommunity college under the jurisdiction of the board of trustees,\nwhether or not compensated, or a volunteer expressly authorized to\nparticipate in a sponsored volunteer program of such community colleges,\nand a student serving on a community college body or committee composed\nof a majority of faculty, administration and trustees, but shall not\ninclude an independent contractor. The term employee shall include a\nformer employee, his estate or judicially appointed personal\nrepresentative; (ii) "comptroller" shall mean the comptroller of the\ncity of New York; and (iii) "corporation counsel" shall mean the\ncorporation counsel of the city of New York.\n (b) Upon compliance by the employee with the provisions of paragraph\n(i) of this subdivision, the city of New York shall provide for the\ndefense of the employee in any civil action or proceeding in any state\nor federal court arising out of any alleged act or omission which\noccurred or is alleged in the complaint to have occurred while the\nemployee was acting within the scope of his public employment or duties,\nor which is brought to enforce a provision of section nineteen hundred\neighty-one or nineteen hundred eighty-three of title forty-two of the\nUnited States code. This duty to provide for a defense shall not arise\nwhere such civil action or proceeding is brought by or on behalf of the\ncity of New York.\n (c) Subject to the conditions set forth in paragraph (b) of this\nsubdivision, the employee shall be entitled to be represented by the\ncity of New York provided, however, that the employee shall be entitled\nto representation by private counsel of his choice in any civil judicial\nproceeding whenever the corporation counsel of the city of New York\ndetermines based upon his investigation and review of the facts and\ncircumstances of the case that representation by the corporation counsel\nwould be inappropriate, or whenever a court of competent jurisdiction,\nupon appropriate motion or by a special proceeding, determines that a\nconflict of interest exists and that the employee is entitled to be\nrepresented by private counsel of his choice. The corporation counsel\nshall notify the employee in writing of such determination that the\nemployee is entitled to be represented by private counsel. The\ncorporation counsel may require, as a condition to payment of the fees\nand expenses of such representation, that appropriate groups of such\nemployees be represented by the same counsel. If the employee or group\nof employees is entitled to representation by private counsel under the\nprovisions of this subdivision, the corporation counsel shall so certify\nto the comptroller of the city of New York. Reasonable attorneys' fees\nand litigation expenses shall be paid by the city of New York to such\nprivate counsel from time to time during the pendency of the civil\naction or proceeding subject to certification that the employee is\nentitled to representation under the terms and conditions of this\nsubdivision by the board of trustees of the city university and upon the\naudit and warrant of the comptroll
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