When the County can pay punitive damages for employees

(a) Notwithstanding any other provision of law, if a civil complaint is filed against an officer, employee or former employee and exemplary or punitive damages are requested, the County is authorized to pay that part of a judgment that is for punitive or exemplary damages upon adoption of a resolution by the council, which finds all of the following: (1) The act or omission of the officer, employee or former employee was done within the course and scope of that person’s employment as an employee of the County, unless that determination has already been made pursuant to State law. (2) At the time of the act giving rise to the liability, the action or failure to act of the officer, employee or former employee was in good faith, without actual malice, to serve the County and in the apparent best interests of the County. (3) Payment of the claim or judgment would be in the best interests of the County. (4) It is in the public interest to indemnify the officer, employee or former employee for all damages that may be assessed, including punitive damages, so that the corporation counsel may represent such named officer, employee or former employee. (b) Representation by the corporation counsel of such officer, employee or former employee is not an admission of liability by the council of the County of Hawai‘i. (c) Nothing in this article shall affect any code or judicially established decree prohibiting the award of punitive damages against the County nor shall it be construed as a waiver of any immunity the County might possess, including a waiver of the County’s immunity from liability for punitive damages under section 1981, 1983, or 1985 of title 42 of the United States Code. (1998, ord 98-86, sec 2.)2-188 Article 39. Workforce Innovation and Opportunity Act Program.