N.Y. Public Officers Law Section 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 section:

(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 § 17-A (Reimbursement of funds paid by state agencies and state entities for the payment of awards adjudicated in sexual harassment claims)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 Civil Practice Law & Rules Law § 5231 (Income execution)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.

Source: Section 18-A — Reimbursement of funds paid by a public entity for the payment of awards adjudicated in sexual harassment claims, https://www.­nysenate.­gov/legislation/laws/PBO/18-A (updated Apr. 20, 2018; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Apr. 20, 2018

§ 18-A’s source at nysenate​.gov

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