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Maine Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagme0001 and id is 1 raw text is: 02-1 T4 REGIONAL OFFICES: 84 HARLOW ST., 2No FLOOR BANGOR, MAINE 04401 G. STEVENROWE TEL: (207) 941-3070 ATTORNEY GENERAL ~ 4 044 OAK STREET, 4TH FLOOR PORTLAND, MAINE 04101-3014 TEL: (207) 822-0260 FAX: (207) 822-0259 Telephone: (207) 626-8800 STATE OF MAINE TDO: (877) 428-8800 TOO: (207) 626-8865 DEPARTMENT OF THE ATTORNEY GENERAL 128 SWEDEN ST., STE, 2 CARIBOU, MAINE 04736 6 STATE HOUSE STATION TEL: (207) 496-3792 AUGUSTA, MAINE 04333-0006 FAX: (207) 496-3291 January 10, 2002 Michael F. Kelly, Commissioner Department of Public Safety 18 Meadow-Road 1804 State House Station Augusta, ME 04333 RE: Law Enforcement Authority of and Training Requirements for Capitol Security Personnel Dear Commissioner Kelly: I am providing this letter in response to your request dated September 5, 2001 for an opinion from this office pursuant to 5 M.R.S.A. § 195 (1989) regarding the applicability of mandatory law enforcement training provisions to-Capitol Security personnel. Specifically, you have asked: 1. Do the mandatory training provisions of 25 M.R.S.A. §§ 2804-C and 2804-E apply to full-time Capitol Security Officers? 2. To what extent can the Commissioner of the Department of Public Safety expand the law enforcement powers of full-time Capitol Security Officers pursuant to 25 M.R. S.A. § 2908, if those officers have not completed the- training outlined at 25 M.R.S.A. § 2804-C? 3. Given the training requirements for full-time law enforcement officers, and the fact that Capitol Security Officers earn more than $10,000 annually, what are the choices that the Commissioner of Public Safety has to legally rectify this situation? Your questions require an examination of the language and history of statutes within Title 25 M.R.S.A. Chapter 341, The Maine Criminal Justice Academy, and Title 25 M.R.S.A. Chap ter 3 51, Department of Public Safety. The Law Court has repeatedly stated that the fi.,rst canon of statutory construction is to look first to the plain meaning of the statutory language as a means of effecting the legislative intent. If the meaning of the statute is plain, it must be interpreted to mean exactly what is says. Harding v. Wal-Mart Stbres, Inc., 2001 ME 13 9, 765 A.2d 73, 75 (internal citations omitted). The plain language of the relevant statutes leads me to Printed on Recycled Paper