Liabilities of Leadership

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Thomas E. Poulin
December 15, 2025

Many public employees pursue greater responsibilities during their careers. They desire greater professional challenges and opportunities. In this pursuit, they often focus on how greater authority might be used to improve services. However, not all consider the potential liabilities associated with leadership. Senior public administrators should ensure those moving up the hierarchy fully understand what advancement means.

Greater authority and increased discretion come with increased exposure to liabilities. Public sector leaders must understand that these liabilities are unavoidable. They can emerge when people behave improperly or when someone, inside or outside the agency, interprets a behavior as improper, regardless of the facts. Additionally, leaders must understand that through advancement, they may be held accountable for the actions of their employees, even if they were not present when the improper behavior occurred.

Liabilities

The term liability means that an individual is responsible for an action or inaction. Culpability is a measure of the degree to which one is responsible if multiple factors are present. Ultimately, liability and culpability are judgments made by agency leadership, regulatory agencies or the courts. Examples of differing liabilities include:

• Criminal liability involves unlawful activity. Criminal liabilities will be investigated by law enforcement and addressed through the judicial system. Criminal liabilities are generally rare for public administrators.
• Civil liability involves non-criminal harm or damage. This can take many forms. These are often addressed through lawsuits. In most instances, a complaint is filed, a fee is paid and the process works through negotiations or the civil courts. This is a litigious society where lawsuits against public agencies and employees are common.
• Professional liability is known as malpractice in some fields. The concept remains the same. Individuals are expected to perform in a manner consistent with relevant laws, agency policies and standards of professional practice. A failure to do so might contribute to criminal and civil liabilities. In its narrowest form, professional liabilities might damage professional reputations, hinder career prospects, contribute to loss of license or certifications or lead to discipline, including potential termination of employment.
• Financial liability is an obligation to compensate another with cash or property. For public administrators, this might include becoming responsible for a fine, property damage, personal injury or lawsuit damages. Depending on the individual circumstances and individual culpability, the agency might bear full financial liability or share the costs with the employee. However, the individual public employee may be wholly responsible, depending on the circumstances.
• Vicarious liability is the responsibility a leader has for the behaviors of their employees. The expectation is that a competent leader will select, train and manage their employees effectively. If the employee fails to behave appropriately, the leader can be held responsible, even if they are not present. This vicarious liability is not limited to the immediate supervisor. The principle of respondeat superior holds that everyone in a public employee’s direct chain of command can be held liable for the behavior of the employee. Vicarious liability is predicated upon a determination that the employee’s misbehavior is reasonably predictable and preventable.

Limited Protections

Public administrators may have limited protection against liabilities in specific instances. These protections do not extend to criminal actions. They can be claimed, but the claim must be recognized by a judicial decision. Examples of differing forms of immunity include:

• Sovereign immunity may be claimed by governments, not individuals, shielding them from liabilities created by normal and necessary operations.
• Absolute immunity shields individuals from liabilities during the performance of their duties. It is typically associated with individuals who must use their discretion, such as judges. Presidential immunity recently recognized by the Supreme Court is a form of absolute immunity, but it is yet untested, so little is known about its practical application.
• Qualified immunity can be asserted by individual public employees, arguing they were performing their assigned duties properly and professionally. Qualified immunity does not apply to departments or governments.
• Statutory immunity is enacted by a legislative body. The language is often specific but might include qualifying language. A common example in all states is associated with driving emergency response vehicles to a reported emergency. The phrasing might be, “Drivers of emergency vehicles may disregard posted speed limits, traffic signals and other traffic laws, as long as they operate the vehicle with due regard for life and safety. This exemption does not extend to passing a stopped school bus with flashers activated for loading and unloading.”

Conclusions

This column is not intended to provide legal advice; those seeking legal guidance should consult an attorney. This column serves as a cautionary message to those seeking advancement or those selecting people for leadership positions. To optimize their ability to succeed, they must understand the realities of leadership, and this includes the associated liabilities. With this understanding, they might recognize the critical importance of making prudent, well-reasoned decisions, performing professionally and ensuring that those they lead always behave in a professional, lawful and ethical manner as they deliver public services.

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Author: Thomas E. Poulin, PhD, SHRM-CP, PSHRA-CP, is a training and development consultant and part-time public administration faculty member at Columbia Southern University. He served in local government and non-profits for more than 30 years and has taught public administration and related topics for over 20. He may be reached at [email protected]
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