Lawmakers seek to ensure state employees will be defended in civil lawsuits

State lawmakers have recommended final approval of a new law that clarifies the state’s duty to defend professionally licensed or certified state employees in civil legal actions.

In testimony written supporting the proposal, Osa Tui, Jr., president of the Hawaiʻi State Teachers Association, said, “Many of our members are professionally licensed teachers who could face potential legal challenges.”

“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,” Tui added.

Lawmakers recognize that professional licensed or certified employees must exercise professional judgment in their capacity as public employees and require additional protections from liability when taking such action. The measure, SB336 HD1 CD1, will provide a clear basis for when the state has a duty to defend employees in civil proceedings related to employee actions taken within the scope of their employment.

This measure would provide added statutory protections for teachers on top of the HSTA contractual language (Article X, A) requiring the state to “provide legal counsel 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;” not all state employees have similar protections in their contracts.

The proposal also strikes a fair balance by allowing employees to hire their own attorneys if desired and providing a structured process for the attorney general to transfer or withdraw representation when necessary. This process includes a requirement for a confidential motion to withdraw as counsel, 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,” Tui said.

The bill also had strong support from the Hawaiʻi State AFL-CIO, which is a state federation of 74 affiliate labor organizations representing over 68,000 union members across the state in industries including government, healthcare, construction, hospitality, entertainment, and transportation.

In written testimony, Hawaiʻi State AFL-CIO President Randy Perreira said, “Because public employees play an essential role in delivering critical services to our community, they should not be left vulnerable to financial and legal burdens for performing their duties in good faith. Ensuring they are protected fosters confidence and stability among the workforce, allowing them to focus on serving the public effectively.”