Previous Story
Emergency powers limited on personnel matters—AGO
|
Posted on Apr 10 2006
The state of emergency declaration for the government utility gave the governor the authority to shut down certain programs and to suspend personnel rules and regulations, but not to terminate civil service employees without due process, according to the Attorney General’s Office.
Attorney General Matthew T. Gregory said in a recent legal opinion that the governor, during a state of emergency, has constitutional authority to institute temporary emergency regulations and statutory authority to suspend provisions of any regulatory laws or rules and regulations of any agency.
He said this authority includes the power to amend or suspend the civil service regulations.
However, the Constitution protects persons from being deprived of life, liberty or property without due process of law. Civil service employees have a property interest in continued employment and may not be deprived of that interest without due process, Gregory maintained.
Furthermore, the governor has constitutional power to divert funds from regular programs during the state of emergency with legislative approval and statutory power to utilize all available resources to cope with a disaster emergency.
Funds diversion could have the effect of shutting down programs, Gregory said.
By enacting Public Law 15-1, the Legislature has approved the diversion of funds from regular programs, he added.
On Jan. 27, 2006, Gov. Benigno R. Fitial declared a state of emergency with regard to the former Commonwealth Utilities Corp. He also issued an executive order transferring CUC to the Department of Public Works.
Although now a division of DPW, the utility remains under a state of emergency.
