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1995 Rhode Island Attorney General Reports and Opinions 1 (1995)

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DEPARTMENT OF THE ATTORNEY GENERAL
72 Pine Street, Providence, RI 02903
(401) 274-4400
Jeffrey B. Pine, Attorney Ceneral
January 10, 1995
Official Opinion No. 95-01
Representative Bruce J. Long
House Minority Whip
State of Rhode Island
House of Representatives
Room 105, State House
Providence, Rhode Island 02903
Dear Representative Long:
I write in response to your letter of December 7, 1994
requesting an advisory opinion concerning whether or not the
Lottery Commission (Commission) has the authority to grant
pay increases to their employees without consideration and
approval by the Unclassified Pay Plan Board (Board). In my
opinion, the statutes governing the Commission permit it to
grant raises to its employees without approval of the Board.
The State Lottery Commission was established by the Legislature
pursuant to R.I. Gen. Laws SS 42-61-1 et. seq. The Commission
consists of nine (9) members who receive no salaries. The
Commission is lead by a Director who, pursuant to R.I. Gen.
Laws S 42-61-3 shall receive such salary as the commission
shall determine and shall be in the unclassified service
(emphasis added). The Director is empowered to employ
temporarily subject to the approval of the commission,
necessary personnel to serve at his pleasure and who shall be
in the unclassified service and whose salaries shall be set by
the commission. (emphasis added). R.I. Gen. Laws
§ 42-61-4(2). Title 42, Chapter 61 therefore provides that
both the Director and the Commission's employees are part of
the State's unclassified service, but that their salaries shall
be set by the Commission.

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