Bill Text: NY A06317 | 2019-2020 | General Assembly | Introduced
Bill Title: Allows a county clerk to employ an attorney-at-law to defend against certain civil actions; and relates to the removal of public officers by the governor.
Spectrum: Partisan Bill (Republican 38-0)
Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A06317 Detail]
Download: New_York-2019-A06317-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6317 2019-2020 Regular Sessions IN ASSEMBLY March 5, 2019 ___________ Introduced by M. of A. WALSH, SMULLEN -- read once and referred to the Committee 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: 1 Section 1. Section 409 of the county law is amended by adding a new 2 subdivision 3 to read as follows: 3 3. (a) Notwithstanding subdivisions one and two of this section or 4 any other inconsistent provision of law, a county clerk may employ an 5 attorney-at-law to defend any civil action or proceeding brought against 6 him or her in his or her official capacity as an agent of the commis- 7 sioner of motor vehicles as designated under section two hundred five of 8 the vehicle and traffic law. 9 (b) All damages recovered against, or costs and expenses lawfully 10 incurred by a county clerk, including attorney's fees, in the defense of 11 a civil action or proceeding brought against such clerk in his or her 12 capacity as an agent of the commissioner of motor vehicles for an offi- 13 cial act done, or for failure to perform an official act, shall be a 14 state charge and shall be audited and paid in the same manner as state 15 charges. When the act upon which the action or proceeding is based was 16 done in good faith, but without the authority of law or authorization by 17 the commissioner of motor vehicles, the state comptroller may audit and 18 pay the same as state charges, even if such action or proceeding was 19 initiated against the clerk by the commissioner of motor vehicles. 20 § 2. Subdivision 1 of section 34 of the public officers law, as 21 amended by chapter 15 of the laws of 1928, is amended to read as 22 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09991-01-9A. 6317 2 1 1. In any proceeding for the removal by the governor of a public offi- 2 cer, he or she may conduct an investigation into the charges, and may 3 take the evidence as to the truth of the charges at a hearing for such 4 purpose, or he or she may direct that such investigation or hearing, or 5 both, shall be conducted by a justice of the supreme court of the judi- 6 cial district, or the county judge of the county, in which the officer 7 proceeded against shall reside, or by a commissioner appointed by the 8 governor, by an appointment, in writing, filed in the office of the 9 secretary of state. Except, no such proceeding or investigation shall be 10 undertaken or directed to be undertaken against a public officer on the 11 basis of an action, or failure to act, of such public officer, if done 12 in good faith and with a reasonable belief that the public officer is 13 defending, protecting and upholding the constitution or laws of the 14 United States or of this state, even if it is subsequently determined 15 that such action or inaction was without authority of law or without 16 express authorization. 17 § 3. This act shall take effect immediately.