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"Article <br />CLAIMS AND ACTIONS AGAINST COUNTY OFFICERS, <br />EMPLOYEES AND FORMER EMPLOYEES <br />Section 2- . Defense by the county; punitive damages. (a) Notwithstanding any <br />other provision of law, if a civil complaint is filed against an officer, employee or former <br />employee and exemplary or punitive damages are requested, the county is authorized to pay that <br />part of a judgment that is for punitive or exemplary damages upon adoption of a resolution by the <br />council, which finds all of the following: <br />(1) The act or omission of the officer, employee or former employee was done within <br />the course and scope of his or her employment as an employee of the county, <br />unless that determination has already been made pursuant to state law. <br />(2) At the time of the act giving rise to the liability, the action or failure to act of the <br />officer, employee or former employee was in good faith, without actual malice, to <br />serve the county and in the apparent best interests of the county. <br />(3) Payment of the claim or judgment would be in the best interests of the county. <br />(4) It is in the public interest to indemnify the officer, employee or former employee <br />for all damages that may be assessed, including punitive damages, so that the <br />corporation counsel may represent such named officer, employee or former <br />employee. <br />(b) Representation by the corporation counsel of such officer, employee or former <br />employee is not an admission of liability by the council of the County of Hawaii. <br />2 <br />