Did Baxter State Park violate its hiring statute by using contractors instead of civil-service employees at Kidney Pond and Daicey Pond?

Plain-English summary

A recent audit questioned Baxter State Park's use of contractors to run the Kidney Pond and Daicey Pond cabins. On December 6, 1990, Assistant Attorney General Paul Stern told the Park director that, on the facts presented, the arrangement did not violate 12 M.R.S.A. § 904. That section required the Park's agents and representatives to be hired under the Civil Service Law. Stern read it as governing Park employees, while leaving the Park's authority to retain contractors for services outside its scope.

Stern left the separate State Employees Labor Relations Act question to the Bureau of Employee Relations. Its December 4 letter is attached to the official PDF. Bureau counsel Leslie D. Bloom wrote that the contractor use "as you have described currently exists does not constitute any violation of the SELRA." Both conclusions address the practice as described to those offices, not every possible contractor arrangement.

Currency note

This opinion was issued in 1990. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Stern wrote that section 904 required the Park's "agents and representatives" to be hired pursuant to the Civil Service Law and that, in effect, Park employees were subject to normal personnel laws and the state's collective bargaining agreement. He concluded: "Section 904 does not speak to and, therefore, does not limit the Park's authority to retain contractors to provide services." His letter did not decide the separate labor-relations question.

Bloom's attached letter says she reviewed the State Employees Labor Relations Act, 26 M.R.S.A. § 979 et seq., and concluded that the contractor use then described did not violate that Act. The two letters address distinct legal questions arising from the same Kidney Pond and Daicey Pond practice.

Common questions

Did section 904 prohibit these Park contractors?
No. Stern concluded that hiring contractors for the two cabin operations was outside the scope of section 904, based on his understanding of the facts.

Did the Bureau decide whether the practice violated the labor-relations law?
Yes. In its attached December 4 letter, the Bureau said the use of contractors as described did not violate the State Employees Labor Relations Act.

Did the letters approve every form of Park contracting?
No. Stern said his conclusion was based on his understanding of the facts, and Bloom addressed the contractor use "as you have described currently exists."

Citations and references

• 12 M.R.S.A. § 904 (Park agents and representatives)
• 26 M.R.S.A. § 979 et seq. (State Employees Labor Relations Act, cited in the attached Bureau letter)

Source

• Landing page: https://www.maine.gov/legis/lawlib/lldl/agops/agops.htm
• Original PDF: https://lldc.mainelegislature.org/Open/AG/Opinions/1990/ag_19901206.pdf

Original opinion text

James E. Tierney
Attorney General

State of Maine
Department of the Attorney General
State House Station 6
Augusta, Maine 04333

December 6, 1990

Irvin C. Caverly, Jr., Director
Baxter State Park
64 Balsam Drive
Millinocket, Maine 04462

Re: Audit

Dear Buzz:

We are in receipt of an inquiry relating to the Park's contracting out certain services. In particular, at a recent audit, the Park's practice of hiring contractors to run Kidney Pond and Daicey Pond cabins has been questioned under 12 M.R.S.A. § 904. Based upon my understanding of the facts, there appears to be no violation of that particular provision.

Section 904 provides that the agents and representatives of the Park shall be hired pursuant to the Civil Service Law. In effect, section 904 requires only that Park employees be hired pursuant to the normal personnel laws and, therefore, the collective bargaining agreement of the State. Section 904 does not speak to and, therefore, does not limit the Park's authority to retain contractors to provide services. Consequently, the questioned practice of engaging contractors at Kidney Pond and Daicey Pond is outside the scope of section 904. Whether or not the practice violates the State Employees Labor Relations Act is a question that must be, and has been, answered by the Bureau of Employee Relations. This advice is consistent with, and complementary to, the conclusions contained in the December 4, 1990 letter from the Bureau of Employee Relations.

If you need any further assistance, please feel free to contact me.

Sincerely,

Paul Stern
Assistant Attorney General

PS/tt

Kenneth A. Walo
Director

Department of Administration
BUREAU OF EMPLOYEE RELATIONS
Telephone (207) 289-4447

December 4, 1990

Irvin C. Caverly, Jr.
Director
Baxter State Park
64 Balsam Drive
Millinocket, Maine 04462

RE: Use of contractors at Kidney Pond and Daicey Pond Campgrounds

Dear Buzz:

As you have requested, I have reviewed the State Employees Labor Relations Act (26 M.R.S.A. §979 et seq.) to determine whether or not the use of contractors to provide services at the Kidney Pond and Daicey Pond Campgrounds violates the SELRA. It is the position of this office that the use of contractors as you have described currently exists does not constitute any violation of the SELRA.

If you need further information or assistance, please advise.

Sincerely,

Leslie D. Bloom
Counsel
Bureau of Employee Relations

/mlw

State House Station 79, Augusta, Maine 04333 — Office Located on the 2nd floor, State Office Building