Relating To The Defense Of State Employees.
This legislation amends Chapter 662 of Hawaii Revised Statutes, directly affecting the legal protections available to state employees with professional licenses or certifications. Under the proposed law, the Attorney General must defend civil actions unless the employee’s actions fall into the categories that exclude coverage, such as gross negligence. Additionally, should the state decline defense, the employee retains the option to hire personal legal representation at their own expense, ensuring a layer of protection for state employees against unforeseen liabilities while performing their duties.
Senate Bill 779, titled 'Relating To The Defense Of State Employees,' seeks to establish clear guidelines concerning the defense of state employees in civil actions. The bill builds on Act 44 of the Session Laws of Hawaii 2022, which clarified personal liability for professionally licensed or certified employees. However, SB779 addresses gaps by outlining the state's duty to defend such employees under specific conditions. It mandates that the state must provide defense if the actions of the employee were within the scope of their duties, provided they were not grossly negligent or guilty of willful misconduct.
While the bill intends to protect state employees, there are potential concerns regarding the Attorney General's ability to withdraw from representation. SB779 mandates a procedural framework for such withdrawal, requiring confidentiality around the reasons for withdrawal to prevent prejudice against the employee. Critics may argue that this aspect could affect transparency or lead to conflicts of interest, depending on the circumstances under which representation is declined. The separation of the employee's title from the civil actions also highlights the delicate balance between public accountability and individual rights.
Overall, SB779 aims to create a more defined and equitable legal framework for defending state employees, promoting cooperation between the state and its employees while safeguarding their professional integrity.