N.Y. Town Law Section 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.

Source: Section 178-D — Costs, expenses and damages a fire district charge in certain cases, https://www.­nysenate.­gov/legislation/laws/TWN/178-D (updated Sep. 22, 2014; accessed May 4, 2024).

170
Establishment and extension of fire, fire alarm and fire protection districts 171
Petition and hearing 172‑A
Alteration of boundaries of fire districts 172‑C
Alteration of boundaries of fire protection district 172‑E
Change of name of fire district 172‑F
Resolution and hearing for diminution of fire district boundaries 172‑G
Filing of determination 173
Filing of determination 174
Fire district officers 175
Election of fire district officers 175‑A
Registration for voters 175‑B
Absentee ballots for fire district elections 175‑C
Notice of hearings and elections 176
Powers and duties of fire district commissioners 176‑A
Duties of chief and assistant chiefs of fire department of fire district 176‑B
Volunteer members of fire district fire companies 176‑C
Removal of fire commissioners 176‑D
Funding of fire districts 176‑E
Training requirements for fire commissioners 177
Powers and duties of fire district treasurer 177‑B
Powers and duties of deputy fire district treasurers 177‑C
Powers and duties of the director of purchasing 178
Powers and duties of fire district secretary 178‑A
Expenses incurred in attending town and county officers training school 178‑B
Expenses of the association of fire districts of the state of New York 178‑C
Expenses of fire district officers, officials and employees 178‑D
Costs, expenses and damages a fire district charge in certain cases 179
Special district elections to vote upon appropriations 180
Actions and proceedings against fire districts 181
Annual budget and levy of taxes 181‑A
Budgetary controls 181‑B
Independent audit of fire districts 182
Effect of incorporation of village or city including lands within a fire district 183
Fire alarm districts 184
Fire protection districts 184‑A
Contract for water supply outside of fire districts 184‑C
Water supply outside of fire districts 186
Savings clause 187
Exclusion of a fire district from a water supply district 188
Use of surplus town moneys for purchase of fire apparatus for use in town fire districts 189
Fire inspection of property in contract areas
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 178-D’s source at nysenate​.gov

Link Style