If any commissioner or employee has been represented at the expense of the district as provided in SLWSDC 3.35.010 relative to a claim against such commissioner or employee and a court hearing the action finds that the commissioner or employee was acting within the scope of his or her official duties, but enters a judgment against the commissioner or employee under Chapter 4.96 RCW or 42 U.S.C. Section 1981 et seq., and awards punitive damages against the commissioner or employee, the district’s attorney shall determine whether the commissioner or employee was performing duties for or employment with the district in good faith, and whether a commissioner or employee committed a dishonest, fraudulent, criminal or malicious act. If the district’s attorney determines the commissioner or employee was performing duties for or employment with the district in good faith, the district shall then pay such award for punitive damages, subject to any right of appeal. If the district’s attorney determines that the commissioner or employee committed a dishonest, fraudulent, criminal or malicious act, the district shall not pay such award for punitive damages. The commissioner or employee may appeal such determination(s) to the board of commissioners. [Res. 670 § 4, 2011.]