HRS §52D-9
Who decides if an officer was on duty
This section says the police commission decides if a police officer was acting within their duty when sued or prosecuted, which affects whether the county provides a lawyer. The commission must consult the county attorney or corporation counsel first, and its decision is final for this purpose.
everyone
The statute, as written — Determination of scope of duty
The determination of whether an act, for which the police officer is being prosecuted or sued, was done in the performance of the police officer's duty, so as to entitle the police officer to be represented by counsel provided by the county, shall be made by the police commission of the county. Before making a determination, the police commission shall consult the county attorney or the corporation counsel, who may make a recommendation to the police commission with respect thereto if the county attorney or corporation counsel so desires. The determination of the police commission shall be conclusive for the purpose of this section and section 52D-8.
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