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1976 Maine Attorney General Reports and Opinions 1 (1976)

handle is hein.sag/sagme9004 and id is 1 raw text is: (copy) January 2, 1976 Honorable Edward C. Kelleher House of Representatives State House Augusta, Maine 04333 Dear Representative Kelleher: Thank you for your letter dated December 19, 1975, inquiring whether the Governor has a statutory right as Chief Executive to eliminate positions that have been created and funded by the legislature other than through the process of attrition. Broadly speaking, there is no constitutional or statutory provision which expressly provides the Governor with plenary authority to eliminate positions created and funded by the Legislature. The statutory mechanism for the general elimina- tion of the positions in the classified service is found in Chapters 51 to 61 of Title 5 Maine Revised Statutes. However, elimination depends so completely upon the particular position under consideration as well as the particular statute by which such position was created so as to make generalization in this area very difficult. In each case the specific statutory language must be analyzed to determine what State official or officials have authority to eliminate the position, if any, and what mechanism is appropriate under the circumstances. If there is a particular factual situation which you wish to seek our advice one, we would, of course, be pleased to attempt to provide a more definitive answer. Very truly yours, JOSEPH E. BRENNAN Attorney General JEB/ec

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