S T A T E   O F   N E W   Y O R K
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                                  6204

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the county law, in relation to allowing a  county  clerk
  to  employ an attorney-at-law to defend against certain civil actions;
  and to amend the public officers law, in relation to  the  removal  of
  public officers by the governor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 409 of the county law is amended by  adding  a  new
subdivision 3 to read as follows:
  3. (A) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY
OTHER INCONSISTENT PROVISION OF LAW, A COUNTY CLERK MAY EMPLOY AN ATTOR-
NEY-AT-LAW  TO DEFEND ANY CIVIL ACTION OR PROCEEDING BROUGHT AGAINST HIM
OR HER IN HIS OR HER OFFICIAL CAPACITY AS AN AGENT OF  THE  COMMISSIONER
OF  MOTOR  VEHICLES  AS DESIGNATED UNDER SECTION TWO HUNDRED FIVE OF THE
VEHICLE AND TRAFFIC LAW.
  (B) ALL DAMAGES RECOVERED AGAINST,  OR  COSTS  AND  EXPENSES  LAWFULLY
INCURRED BY A COUNTY CLERK, INCLUDING ATTORNEY'S FEES, IN THE DEFENSE OF
A  CIVIL  ACTION  OR PROCEEDING BROUGHT AGAINST SUCH CLERK IN HIS OR HER
CAPACITY AS AN AGENT OF THE COMMISSIONER OF MOTOR VEHICLES FOR AN  OFFI-
CIAL  ACT  DONE,  OR  FOR FAILURE TO PERFORM AN OFFICIAL ACT, SHALL BE A
STATE CHARGE AND SHALL BE AUDITED AND PAID IN THE SAME MANNER  AS  STATE
CHARGES.  WHEN  THE ACT UPON WHICH THE ACTION OR PROCEEDING IS BASED WAS
DONE IN GOOD FAITH, BUT WITHOUT THE AUTHORITY OF LAW OR AUTHORIZATION BY
THE COMMISSIONER OF MOTOR VEHICLES, THE STATE COMPTROLLER MAY AUDIT  AND
PAY  THE  SAME  AS  STATE CHARGES, EVEN IF SUCH ACTION OR PROCEEDING WAS
INITIATED AGAINST THE CLERK BY THE COMMISSIONER OF MOTOR VEHICLES.
  S 2. Subdivision 1 of section  34  of  the  public  officers  law,  as
amended  by  chapter  15  of  the  laws  of  1928, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07979-01-3

              

A. 6204                             2

  1. In any proceeding for the removal by the governor of a public offi-
cer, he OR SHE may conduct an investigation into the  charges,  and  may
take  the  evidence as to the truth of the charges at a hearing for such
purpose, or he OR SHE may direct that such investigation or hearing,  or
both,  shall be conducted by a justice of the supreme court of the judi-
cial district, or the county judge of the county, in which  the  officer
proceeded  against  shall  reside, or by a commissioner appointed by the
governor, by an appointment, in writing, filed  in  the  office  of  the
secretary of state. EXCEPT, NO SUCH PROCEEDING OR INVESTIGATION SHALL BE
UNDERTAKEN  OR DIRECTED TO BE UNDERTAKEN AGAINST A PUBLIC OFFICER ON THE
BASIS OF AN ACTION, OR FAILURE TO ACT, OF SUCH PUBLIC OFFICER,  IF  DONE
IN  GOOD  FAITH  AND WITH A REASONABLE BELIEF THAT THE PUBLIC OFFICER IS
DEFENDING, PROTECTING AND UPHOLDING THE  CONSTITUTION  OR  LAWS  OF  THE
UNITED  STATES  OR  OF THIS STATE, EVEN IF IT IS SUBSEQUENTLY DETERMINED
THAT SUCH ACTION OR INACTION WAS WITHOUT AUTHORITY  OF  LAW  OR  WITHOUT
EXPRESS AUTHORIZATION.
  S 3. This act shall take effect immediately.