Section 6309. Reimbursement of defense costs incurred by or on behalf of community college trustees, officers and employees

1. As used in  this  section,  unless  the  context  otherwise  requires, the term "employee"
  shall mean any person holding a position by appointment or employment in
  the service of a community college, whether or  not  compensated,  or  a
  volunteer  expressly  authorized  to  participate in a community college
  sponsored volunteer  program,  but  shall  not  include  an  independent
  contractor.  The  term  employee shall include a former employee, his or
  her estate, or judicially appointed personal representative.
    2. (a)  Upon  compliance  by  the  employee  with  the  provisions  of
  subdivision  three  of  this  section, and subject to the conditions set
  forth in paragraph (b) of this subdivision, it shall be the duty of  the
  local  sponsor  of a community college to pay reasonable attorneys' fees
  and litigation expenses incurred by or on behalf of an employee  in  his
  or  her  defense  of  a  criminal proceeding in a state or federal court
  arising out of any act which occurred while  such  employee  was  acting
  within  the scope of his or her public employment or duties, upon his or
  her acquittal, or upon the dismissal of the criminal charges against him
  or her, or reasonable attorney's fees incurred  in  connection  with  an
  appearance  before  a  grand jury which returns no true bill against the
  employee where such appearance was required as a result of any act which
  occurred while such employee was acting within the scope of his  or  her
  public  employment or duties unless such appearance occurs in the normal
  course of the public employment or duties of such employee.
    (b) Upon the application for reimbursement  of  reasonable  attorneys'
  fees  or  litigation  expenses,  or  both,  made  by  or on behalf of an
  employee as provided in subdivision three of  this  section,  the  local
  sponsor  shall determine, based upon its investigation and its review of
  the facts and circumstances, whether such reimbursement shall  be  paid.
  The  local  sponsor  shall  notify  the  employee  in  writing  of  such
  determination.  Upon  determining  that  such  reimbursement  should  be
  provided,  the  local  sponsor  shall  so  certify  to  its chief fiscal
  officer. Upon such certification, reimbursement shall be made  for  such
  fees  or  expenses,  or  both,  upon  the audit and warrant of the chief
  fiscal officer. Any dispute with regard to entitlement to  reimbursement
  or the amount of litigation expenses or the reasonableness of attorneys'
  fees  shall  be  resolved  by  a  court  of  competent jurisdiction upon
  appropriate motion or by way of a special proceeding.
    3. Reimbursement of reasonable attorneys' fees or litigation expenses,
  or both, by the local sponsor as prescribed by  this  section  shall  be
  conditioned  upon (a) delivery to the local sponsor at its main business
  office by the  employee  of  a  written  request  for  reimbursement  of
  expenses  together  with,  in  the  case  of  a criminal proceeding, the
  original or a copy of an accusatory instrument within ten days after the
  employee is arraigned upon such instrument or, in the case  of  a  grand
  jury  appearance,  written  documentation of evidence of such appearance
  and (b) the full cooperation of the employee in defense of any action or
  proceeding against the community college or local sponsor based upon the
  same act, and in the prosecution of any appeal.
    4. Except as otherwise specifically  provided  in  this  section,  the
  provisions  of this section shall not be construed in any way to impair,
  alter, limit, modify, abrogate, or restrict any immunity available to or
  conferred upon any unit, entity, officer, or employee of the sponsor  or
  any   other  level  of  government,  or  any  right  to  defense  and/or
  indemnification provided for any governmental officer or employee by, in
  accordance with, or by reason of,  any  other  provisions  of  state  or
  federal statutory or common law.

    5.  If any provision of this section or the application thereof to any
  person or circumstance by held unconstitutional or invalid in  whole  or
  in  part  by  any  court  of  competent  jurisdiction,  such  holding of
  unconstitutionality or invalidity shall in no way affect or  impair  any
  other provision of this section or the application of any such provision
  to any other person or circumstances.