Liability imperils
school eventsState concerns could keep
graduations and sports activities
out of county facilities
HILO >> An opinion by the state attorney general's office raising liability concerns could force some public schools to find an alternate place to hold their commencement exercises next spring.
The legal opinion also could affect the Hilo High School boys basketball and boys and girls soccer seasons, which begin next week.
The attorney general's office found indemnification clauses in contracts schools sign to use Hawaii County facilities for graduation ceremonies and sporting events.
Deputy Attorney General Aaron Schulaner said the clauses could leave the state liable for damages resulting from problems with county facilities.
"Under the current wording in the contracts, even if the county is at fault, the state would be liable," he said. "In the end it puts the state at risk for large damages."
State Deputy Schools Superintendent Clayton Fujie said the indemnification clauses are "not legally or constitutionally appropriate."
While the problem was found in contracts involving schools and Hawaii County, Schulaner said the problem presumably exists in school contracts with the other counties, although he had no specific information regarding the other counties.
"It is standard for government entities to protect themselves," Schulaner said. He said he presumes the other counties have the same indemnification clauses.
"We probably will have to negotiate with each county to work out agreements," he said. "If we can't find a middle ground, the schools will have to use state facilities."
"This could be a can of worms," said state Board of Education Chairman Herbert Watanabe, who represents the Big Island. "I think they will find the same situation on all islands." The school board is not involved in contracts between the state and county, he said, but county facilities are used on every island. "Just look at how many graduations are held at Blaisdell Center. I hope they find a solution," Watanabe said.
The negotiations with Hawaii County are in the early stages, Schulaner said.
"We have the same goal to help people and don't want to catch them in the middle," he said.
Hilo High School holds its graduation ceremony at the county's Edith Kanakaole Tennis Stadium, while Pahoa and Waiakea high schools use the county's Afook-Chinen Civic Auditorium.
The Hilo High boys basketball team plays its home games at the Civic, and the school's soccer teams play at the county's Santos Park in Papaikou.
However, Schulaner said this season's basketball and soccer programs might not be affected because the legal opinion applies to future agreements.
"I assume that if the soccer and basketball seasons are about to start, agreements (for use of the county facilities) have been signed," he said.
Hilo High School Principal Katherine Webster and athletic director Leroy Sims could not be reached for comment.
Star-Bulletin reporter Mary Adamski contributed to this report.
