School events may need new sites

Associated Press

HILO, Hawai'i — An opinion by the state attorney general's office that raises 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 clauses in contracts schools sign to use Hawai'i County facilities for graduation ceremonies and sporting events that Deputy Attorney General Aaron Schulaner said 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 clauses, known as indemnification clauses, are "not legally or constitutionally appropriate."

While the problem was found in contracts involving schools and Hawai'i 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.

"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."

The negotiations with Hawai'i 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 Papa'ikou.

However, Schulaner said this season's basketball and soccer programs may 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.

On O'ahu, Kaimuki High School holds its graduation ceremony at the Waikiki Shell, which is owned by the City and County of Honolulu, and several schools hold their ceremonies at the city's Blaisdell Arena.