HomeMy WebLinkAbout2018-04-09 Letter to Karl Rhoads, Brian Taniguchi, Ryan Yamane, Aaron Johanson re: HB 2097, HD 1, SD 2 Relating to LifeguardsHarry Kim
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Wil Okabe
Director
Barbara J. Kossow
Deputy Alanciging L)irector
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April 9, 2018
Senator Karl Rhoads, Chair
Senate Committee on Water and Land
Hawaii State Capitol, Room 204
Honolulu, HI 96813
Senator rian Taniguchi, Chair
Senate Committee on Judiciary
Hawaii State Capitol, Roo 219
Honolulu, HI 96813
Representative Ryan 1. Yamane, Chair
House Committee on Water and Land
Hawaii State Capitol, Room 420
Honolulu, HI 96813
Representative Aaron Ling Johanson
House Committee on Labor and Public E p oyment
Hawaii State Capitol, Room 426
Honolulu, HI 96813
Dear Chair Rhoads, Taniguchi, Yamane and Johanson:
Re: HB 2097, HD 1, SD 2 Relating to Lifeguards
As you know, the issue of lifeguard liability has been on the legislative agenda for
the past two years. With HB 2097, HD 1, SD 2 now heading to conference committee,
we would like to ask your help in making this bill as good as it can be.
Our firm belief is that liability protection for county lifeguards should ie restored.
However, assuming that is not going to happen, we would urge approval of HB 2097,
HD 1, SD 2, with two amendments:
We strongly urge that the conferees delete the disqualifying condition for the
Attorney General to provide legal service when claims are made against the
county for its own negligence or wrongful acts or omissions." As written, this
disqualifying condition makes subsection (b) inconsistent with subsection (e), and
County of Ilawai` i is an 1qual Opportunity Provider and Fir. iployer.
April 9, 2018
Page 2
would most likely provide the AG another basis not to defend the County
lifeguardsconduct, even though that conduct does not constitute gross
negligence or a wanton act or omission.
2. When defense is being provided by the Attorney General, it makes no sense for
a lifeguard to pay for a private attorney. We therefore think the provision giving a
lifeguard that option is unnecessary and can be deleted.
Re pectfully submit ed„
Harry
Mayor, County of Hawaii
cc: Representative Richard P. Creagan
Representative Cindy Evans
Representative Nicole E. Lowen
Representative Mark M. Nakashima
Representative Richard H.K. Onishi
Representative Joy A. San Buenaventura
Senator Josh Green
Senator Lorraine R. Inouye
Senator Kaialil Kahele
Senator Russell E. Ruderman
County of 1awaii is an Equal Opportunity Provider and Employer,