HRS §281-105
Who decides if a liquor commission employee was on duty
This section says that when a liquor commission employee is sued or prosecuted, the commission decides whether the employee was acting within their job duties. The county attorney or corporation counsel can give advice or a recommendation, but the commission makes the final call. That decision is final only for deciding if the employee gets legal representation from the county or the commission.
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The statute, as written — Determination whether acts were in scope of duty
The determination of whether the acts of an investigator or other employee of the liquor commission, when the investigator or other employee is being prosecuted or sued, were done in the performance of the investigator's or other employee's duty, so as to entitle the investigator or other employee to be represented by the county attorney or corporation counsel of the county or city and county of the commission in question, or by an attorney employed and paid by the commission shall be made by the commission of the county after consultation with the county attorney or corporation counsel who may make a recommendation to the commission in respect thereof if the county attorney or corporation counsel so desires, and such determination shall be conclusive for such purpose only.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.