Section 212. Pay of troops when used in civil disorders  


Latest version.
  • All officers and
      enlisted men while on duty, or  assembled  therefor,  by  order  of  the
      governor,  upon the request of the sheriff of a county, or in the county
      of Nassau the county executive or mayor of a city, in aid of  the  civil
      authorities, in case of breach of the peace, riot, resistance to process
      of  this  state, disaster, or imminent danger thereof, shall receive the
      pay set forth in subdivision one of section  two  hundred  ten  of  this
      chapter.    Fifty  percent of such compensation and expenses incurred in
      connection with such duty or as a result thereof  including  quartering,
      caring  for,  transporting and subsisting the troops, and other expenses
      including the  expense  incurred  for  pay,  care,  and  subsistence  of
      officers  and  enlisted  men  temporarily  disabled in the line of duty,
      while on such duty, as set forth in section two hundred sixteen of  this
      chapter,  shall  be  paid  by the county or city at the request of whose
      sheriff, or in the county of Nassau the county executive, or  mayor,  as
      the  case  may  be,  the military or naval forces of the state have been
      heretofore or may hereafter be ordered out.  The balance shall  be  paid
      by  the state.  If troops on duty in aid of the civil authorities render
      service in more than one county or city, fifty percent of  the  expenses
      and  compensation of such troops shall be apportioned among the counties
      or cities in which such service is rendered by the officer who  approves
      the  vouchers and payrolls of such troops.  The balance shall be paid by
      the state.  Upon presentation to the county treasurer of such county  or
      the chief fiscal officer of such city where the service was rendered, of
      appropriate evidence certified by the state comptroller, that payment of
      expenses  including  payment  of troops, has been consummated, provision
      shall forthwith be made by the county or  city  to  make  available  the
      money  required to reimburse the state for its share of expenses already
      paid.   In the city of  New  York,  upon  similar  presentation  to  the
      comptroller  of  said  city,  the  money  necessary  to  comply with the
      provisions of this section shall forthwith be raised.  Such expenses and
      compensation may be paid in the first instance by the state  comptroller
      as  an advance subject to subsequent reimbursement by the county or city
      or counties or cities in which such service is rendered.  In the event a
      county or city shall  fail  to  pay  its  share  of  such  expenses  and
      compensation  within  six  months  of the certification to the county or
      city by the state comptroller of such cost, the state comptroller  shall
      cause  to  be withheld from local assistance moneys to which such county
      or city would otherwise be entitled, a sum sufficient to  reimburse  the
      state  for  any  amount remaining unpaid.  Any public officer, who shall
      neglect or refuse to perform any of the duties required by this  section
      including  such  duties as may arise in connection with the financing of
      payments required to be made pursuant to the provisions of this section,
      shall  be  personally  charged  with  the  costs   and   all   necessary
      disbursements  of  any  action  or  proceeding  brought  to  compel such
      performance, together with a  reasonable  additional  allowance  to  the
      plaintiff  or  relator  in such action or proceeding, to be fixed by the
      court.