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This entry was published on 2018-04-20
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Reimbursement of funds paid by a public entity for the payment of awards adjudicated in sexual harassment claims
Public Officers (PBO) CHAPTER 47, ARTICLE 2
§ 18-a. Reimbursement of funds paid by a public entity for the payment
of awards adjudicated in sexual harassment claims. 1. As used in this

(a) The term "public entity" shall mean (i) a county, city, town,
village or any other political subdivision or civil division of the
state; (ii) a school district, board of cooperative educational
services, or any other governmental entity or combination or association
of governmental entities operating a public school, college, community
college or university; (iii) a public improvement or special district;
(iv) a public authority, commission, agency or public benefit
corporation; or (v) any other separate corporate instrumentality or unit
of government; but shall not include the state of New York or any other
public entity the employees of which are covered by section seventeen-a
of this article.

(b) The term "employee" shall mean any commissioner, member of a
public board or commission, trustee, director, officer, employee, or any
other person holding a position by election, appointment or employment
in the service of a public entity, whether or not compensated. The term
"employee" shall include a former employee or judicially appointed
personal representative.

2. Notwithstanding any law to the contrary, any employee who has been
subject to a final judgment of personal liability for intentional
wrongdoing related to a claim of sexual harassment, shall reimburse any
public entity that makes a payment to a plaintiff for an adjudicated
award based on a claim of sexual harassment resulting in a judgment, for
his or her proportionate share of such judgment. Such employee shall
personally reimburse such public entity within ninety days of the public
entity's payment of such award.

3. If such employee fails to reimburse such public entity pursuant to
subdivision two of this section within ninety days from the date such
public entity makes a payment for the financial award, the chief fiscal
officer of such public entity shall, upon obtaining a money judgment,
withhold from such employee's compensation the amounts allowable
pursuant to section fifty-two hundred thirty-one of the civil practice
law and rules.

4. If such employee is no longer employed by such public entity, such
public entity shall have the right to receive reimbursement through the
enforcement of a money judgment pursuant to article fifty-two of the
civil practice law and rules.