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  NOT SO FAST, GOVERNOR

Carcieri appointment violates state law

  Lynch files complaint with State Equal Opportunity Office regarding new position created for Orefice

PAWTUCKET - Rhode Island Democratic Party Chairman Bill Lynch filed a complaint with the State Equal Opportunity Office Wednesday, asserting that Governor Don Carcieri violated state law when he created and filled a new position within the Department of Health and Human Services that was never publicly posted or advertised. The $119,000 new job was awarded to Carcieri’s former Department of Labor and Training director, Adelita Orefice, when the administration learned a Senate oversight committee would not confirm her.

In a letter to the administrator of the Rhode Island State Equal Opportunity Employment Office, Lynch questions if the Department of Health and Human Services has filed its mandated, yearly Affirmative Action plan, and if so, whether that plan requires that new positions be publicly posted and advertised. Chapter 28-5.1-3 of the Rhode Island General Laws states:

“Each state department or agency, excluding the legislative branch of state government, shall annually prepare an affirmative action plan. These plans shall be prepared in accordance with the criteria and deadlines set forth by the state equal opportunity office. These deadlines shall provide, without limitation, that affirmative action plans for each fiscal year be submitted to the state equal opportunity office and the house fiscal advisor no later than March 31. These plans shall be submitted to and shall be subject to review and approval by the state equal opportunity office.”

“This is just another example of Governor Carcieri believing that the rules shouldn’t apply to him. Rhode Island enacted Affirmative Action statutes to level the playing field and make sure that everyone, regardless of his or her political connections, could serve in state government,” Lynch said.

“Every department and agency is required to have an affirmative action plan, and every plan I’ve ever seen includes a mandate that open positions be publicly posted and advertised. It’s clear that the Governor cares more about handing out another six-figure salary to a political ally than he does about adhering to state law and that’s just a slap in the face to the Rhode Island taxpayers.”

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