In
the event of a final judgment of punitive damages against the employee,
the employee shall serve copies of such judgment personally or by
certified or registered mail within 10 days of the date of entry upon
the Town Attorney and upon the Town Clerk on behalf of the Town Board.
The Town Board shall meet as soon as practicable to review, make findings
and determine if all the following have been met and, if so met, shall
appropriate the funds necessary to pay such punitive damages:
(1)
The judgment of punitive damages is based on an act or omission of
an employee acting within the scope of his/her employment.
(2)
At the time of the action or omission giving rise to the liability,
the employee acted without recklessness, without maliciousness and
without gross negligence and otherwise within the standards required
for employees holding comparable positions within the Town.
(3)
At the time of the act or omission, the employee acted in good faith
and in the best interests of the Town.
(4)
At the time of the act or omission, the employee did not willfully
violate a clearly established provision of law or Town policy.
