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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,
Attorney General

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