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This entry was published on 2014-09-22
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SECTION 178-D
Costs, expenses and damages a fire district charge in certain cases
Town (TWN) CHAPTER 62, ARTICLE 11
§ 178-d. Costs, expenses and damages a fire district charge in certain
cases. Whenever the fire district commissioners or board of fire
commissioners of any fire district, or any fire district officers, have
been or shall be instructed by a resolution adopted at a regular special
meeting of the board of fire commissioners to defend any action brought
against them, or to bring or defend an action or proceeding affecting
any district property or claim of the district, or involving its rights
or interests, or to continue any such action or defense, all their costs
and reasonable expenses, as well as all costs and damages adjudged
against them, shall be a district charge and shall be levied upon the
taxable property of such district in the same manner as moneys raised
for the support of such district. Whenever any fire district
commissioner or fire district officer shall defend any action or
proceeding, other than a criminal proceeding, hereafter brought against
him, arising out of the exercise of his powers or the performance of his
duties, provided such commissioner or officer was acting in the
discharge of his duties and within the scope of his authority at the
time damages were sustained, all his reasonable costs and expenses, as
well as all costs and damages adjudged against him, shall be a district
charge and shall be levied upon the taxable property of such district in
the same manner as money raised for the support of such district,
provided (a) such fire district commissioner or fire district officer
shall notify the board of fire commissioners in writing of the
commencement of such action or proceedings against him within five days
after service of process upon him; and (b) the board of fire
commissioners shall, at any time during the ten days next following the
notice to them of the commencement of such action or proceedings, have
the right to designate and appoint the legal counsel to represent such
fire district commissioner or fire district officer in such action or
proceedings against him, in the absence of which designation and
appointment within the time specified such fire district commissioner or
fire district officer may select his own legal counsel.