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• <br />• <br />'t <br />COUNTY OF HAWAI T:• STATE OF HAWAII <br />BILL NO. 265 <br />ORDINANCE NO. 98 86 <br />A BILL FOR AN ORDINANCE AMENDING CHAPTER 2', HAWAII COUNTY CODE 1983, <br />(1995 EDITION), BY ADDING A NEW ARTICLE RELATING TO CLAIMS AND ACTIONS <br />AGAINST COUNTY OFFICERS, EMPLOYEES AND FORMER EMPLOYEES. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF-HAWAIL <br />SECTION 1. Purpose. The county council finds that present law is not clear on the <br />question of the discretion of the county to pay damages, including punitive damages, which <br />might be adjudged against employees, acting in good faith and in the course and scope of their <br />employment. Because of the possibility that punitive damages might be assessed, the county has <br />been compelled to retain private counsel for employees named in lawsuits, to avoid conflicts. of <br />interest. In many cases, this has resulted in expenditures for legal fees, which far outweigh the <br />magnitude of the case itself., <br />This measure would make clear that the council has the authority to indemnify employees <br />for acts done in the course and scope of their employment, in good faith, when it is in the best <br />interest of the County to do so. <br />SECTION 2. Chapter 2, Hawaii County Code 1983 (1995 Edition), is amended by <br />adding a new article to read as follows: <br />