AGO 06-2.

• Case Date: January 23, 2006
• Court: Maine

Maine Attorney General Opinions 2006. AGO 06-2. STATE OF MAINE OFFICE OF THE ATTORNEY GENERAL 6 STATE HOUSEAUGUSTA, MAINE 04333-0006 January 23, 200606-2The Honorable Mark W. LawrenceDistrict Attorney York County Courthouse P.O. Box 399 45 Kennebunk Road Alfred, ME 04002-3999 RE: Authority of York County Commissioners Under 30-A MR.S.A. § 501(1)Dear District Attorney Lawrence: Pursuant to 5 M.R.S.A. § 199, I am writing in response to your letter of November 18, 2005 regarding whether the York County Commissioners have authority under 30-A M.R.S.A. § 501(1) to refuse to fill a position in your office that was approved by the York County Budget Committee. It is my understanding that, in September 2004, you submitted to the York County Board of Commissioners a proposed budget that included the creation of a new clerical position to assist you in addressing your office's increased caseload. The Board of Commissioners recommended that the Budget Committee not fund this new position. The Budget Committee, though, voted eleven to one in favor of creating the position, and the final budget included the position. Nevertheless, the County Manager has advised you that the Board of Commissioners will not post the position and will not allow the position to he filled. In your letter, you raise the following questions: 1.

Can the York County Commissioners refuse to allow the posting of a position that has funded through the York County Budget Process?

2.

If they cannot, can the York County Commissioners refuse approval of every person submittod for employment in that position on the grounds that as a matter of policy they disagree with the expenditure of funds for this purpose?

Before addressing the questions raised by your letter, I will briefly discuss both the statutes that govern the operation of District Attorneys' offices and the statutes that establish the York County budget process. Operation of District Attorneys' Offices District Attorneys are elected every four years by the voters in their respective prosecutorial districts. 30-A M.R.S.A. § 251. In many cases, a single prosecutorial district is made up of more than one county. 30-A M.R.S.A. § 254. District Attorneys' offices are funded by both the State and the counties. District Attorneys and Assistant District Attorneys are declared to be "officers of the State," 30-A M.R.S.A. § 256, and the State pays their salaries. 30-A M.R.S.A. § 255. The State must provide "sufficient funds" such that each District Attorney will have an "adequate staff of [Assistant District Attorneys] to screen, process and investigate complaints, to assist law enforcement agencies, to conduct trials in the District and Superior Courts, to prosecute appeals in the Supreme Judicial Court and to carry out all other duties and responsibilities." 30-A M.R.S.A. § 272(5). All other District Attorney expenses are funded by the counties. County Commissioners "shall allow to the district attorney serving the county sufficient funds for all office expense, clerk hire and travel . . . ." 30-A M.R.S.A. § 281(1). County Commissioners must also either provide district attorneys with "office space suitable for the performance of the duties of the office" or "provide sufficient funds to the district attorney for the rental of suitable quarters at locations convenient to courthouses...