State lawmakers are moving towards final approval of a new law designed to clarify the state’s responsibility in defending state employees who are professionally licensed or certified, in civil lawsuits.
Osa Tui, Jr., president of the Hawaiʻi State Teachers Association, expressed his support for the proposal. “Many of our members are professionally licensed teachers who could face potential legal challenges,” he stated. He further commented, “This bill will allow our members to focus on teaching and taking care of their students without the worry of needing to secure legal counsel should a civil action occur.”
The legislation, identified as SB336 HD1 CD1, aims to establish a clear standard for when the state must defend its employees in civil actions related to their work. It particularly addresses the need for protections against liability for those exercising professional judgment in their roles.
Teachers currently have some protection under contractual language of the Hawaiʻi State Teachers Association, but the new measure promises enhanced statutory safeguards not available to all state employees. The existing contract mandates that “legal counsel [be] provided for teachers who are sued for actions taken by them in the course of their employment and within the scope of their duties and responsibilities.”
Importantly, the bill allows employees the option to hire their own attorneys if they prefer. It also sets up a procedure for the attorney general to transfer or withdraw representation when necessary, including a confidential motion to withdraw as counsel, thus protecting the employee’s reputation and privacy.
“This provision is crucial for maintaining the professional standing of our members and ensuring that they are treated fairly in legal proceedings,” remarked Tui.
The Hawaiʻi State AFL-CIO, representing a variety of labor sectors in the state, also supports the bill. Randy Perreira, president of the Hawaiʻi State AFL-CIO, emphasized the importance of protecting public employees from financial and legal liabilities, suggesting it supports workforce confidence and stability. “Ensuring they are protected fosters confidence and stability among the workforce, allowing them to focus on serving the public effectively,” he said.
