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Maine Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagme0001 and id is 1 raw text is: 02-1
T4                               REGIONAL OFFICES:
G. STEVENROWE                                                                      TEL: (207) 941-3070
PORTLAND, MAINE 04101-3014
TEL: (207) 822-0260
FAX: (207) 822-0259
Telephone: (207) 626-8800                  STATE OF MAINE                          TDO: (877) 428-8800
TOO: (207) 626-8865            DEPARTMENT OF THE ATTORNEY GENERAL                  128 SWEDEN ST., STE, 2
6 STATE HOUSE STATION                       TEL: (207) 496-3792
AUGUSTA, MAINE 04333-0006                      FAX: (207) 496-3291
January 10, 2002
Michael F. Kelly, Commissioner
Department of Public Safety
18 Meadow-Road
1804 State House Station
Augusta, ME 04333
RE: Law Enforcement Authority of and Training Requirements for
Capitol Security Personnel
Dear Commissioner Kelly:
I am providing this letter in response to your request dated September 5, 2001 for
an opinion from this office pursuant to 5 M.R.S.A. § 195 (1989) regarding the
applicability of mandatory law enforcement training provisions to-Capitol Security
personnel. Specifically, you have asked:
1.     Do the mandatory training provisions of 25 M.R.S.A. §§ 2804-C and 2804-E
apply to full-time Capitol Security Officers?
2.     To what extent can the Commissioner of the Department of Public Safety expand
the law enforcement powers of full-time Capitol Security Officers pursuant to 25
M.R. S.A. § 2908, if those officers have not completed the- training outlined at 25
M.R.S.A. § 2804-C?
3.     Given the training requirements for full-time law enforcement officers, and the
fact that Capitol Security Officers earn more than $10,000 annually, what are the
choices that the Commissioner of Public Safety has to legally rectify this situation?
Your questions require an examination of the language and history of statutes
within Title 25 M.R.S.A. Chapter 341, The Maine Criminal Justice Academy, and Title
25 M.R.S.A. Chap ter 3 51, Department of Public Safety.
The Law Court has repeatedly stated that the fi.,rst canon of statutory construction
is to look first to the plain meaning of the statutory language as a means of effecting the
legislative intent. If the meaning of the statute is plain, it must be interpreted to mean
exactly what is says. Harding v. Wal-Mart Stbres, Inc., 2001 ME 13  9, 765 A.2d 73,
75 (internal citations omitted). The plain language of the relevant statutes leads me to

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