§ 6308. Defense and indemnification of community college trustees,\nofficers and employees. 1. As used in this section, the term "employee"\nshall mean any person holding a position by appointment or employment in\nthe service of a community college, whether or not compensated, or a\nvolunteer expressly authorized to participate in a community college\nsponsored volunteer program, but shall not include an independent\ncontractor. The term employee shall include a former employee, his\nestate or judicially appointed personal representative.\n 2. (a) Upon compliance by the employee with the provisions of\nsubdivision four of this section, the local sponsor of a community\ncollege shall provide for the defense of the employee in any civil\naction or proceeding in any state or federal court arising out of any\nalleged act or omission which occurred or is alleged in the complaint to\nhave occurred while the employee was acting within the scope of his\npublic employment or duties, or which is brought to enforce a provision\nof section nineteen hundred eighty-one or nineteen hundred eighty-three\nof title forty-two of the United States code and the act or omission\nunderlying the action occurred or is alleged in the complaint to have\noccurred while the employee was acting within the scope of his public\nemployment or duties. This duty to provide for a defense shall not arise\nwhere such civil action or proceeding is brought by or on behalf of the\nlocal sponsor.\n (b) Subject to the conditions set forth in paragraph (a) of this\nsubdivision, the employee shall be entitled to be represented by the\nlocal sponsor provided, however, that the employee shall be entitled to\nrepresentation by private counsel of his choice in any civil judicial\nproceeding whenever the local sponsor determines based upon its\ninvestigation and review of the facts and circumstances of the case that\nrepresentation by the local sponsor would be inappropriate, or whenever\na court of competent jurisdiction, upon appropriate motion or otherwise\nby a special proceeding, determines that a conflict of interest exists\nand that the employee is entitled to be represented by private counsel\nof his choice. The local sponsor shall notify the employee in writing of\nsuch determination that the employee is entitled to be represented by\nprivate counsel. The local sponsor may require, as a condition to\npayment of the fees and expenses of such representation, that\nappropriate groups of such employees be represented by the same counsel.\nThe local sponsor shall certify to its chief fiscal officer that the\nemployee or group of employees is entitled to representation by private\ncounsel under the provisions of this section. Reasonable attorneys' fees\nand litigation expenses shall be paid by the local sponsor 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\nsection by the board of trustees of the community college at which such\nemployee is employed and upon the audit and warrant of the chief fiscal\nofficer of the sponsor. Any dispute with respect to representation of\nmultiple employees by a single counsel or the amount of litigation\nexpenses or the reasonableness of attorneys' fees shall be resolved by\nthe court upon motion or by way of a special proceeding.\n (c) Where the employee delivers process and a request for a defense to\nthe local sponsor as required by subdivision four of this section, the\nsponsor shall take the necessary steps including the retention of\nprivate counsel under the terms and conditions provided in paragraph (b)\nof this subdivision on behalf of the employee to avoid entry of a\ndefault judgment pending resolution of any question pertaining to the\nobligation to provide for a defense.\n 3. (a) The local sponsor shall indemnify and save harmless its\nemployees in the amount o
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