Number 4 July 30, 1970

Number 4 July 30, 1970 Mrs. Mabel A. Campbell Director of Civil Service State House Boston, Massachusetts 02133 Dear Mrs. Campbell: You have requested my opinion whether the positions of Adminis- trator of Field Operations of Authority Audits and the Administrator of P.D. 12 39 Field Operations of State Audits in the office of the State Auditor are subject to the provisions of General Laws, Chapter 31, the Civil Service Law. In my opinion, the above-entitled positions are subject to the Civil Service Law and Rules. These positions were created by G. L. c. II, § 5, which states: "He [the Auditor of the Commonwealth] may, subject to confirmation by the governor, appoint ... a second, third and fourth deputy auditor . . . The auditor may employ an administrator of field operations of state audits and an ad- ministrator of field operations of authority audits to assist him in the performance of his duties.'' General Laws c. 31 confers on the Civil Service Commission jurisdic- tion to make rules to: "regulate the selection and employment of persons ... in the official service ... of the commonwealth . . ." G. L. c. 31, §3(1). It is evident that persons filling the positions referred to in G. L. c. 11, § 5 are in the official service of the Commonwealth. They are thus subject to the Civil Service Law and Rules unless otherwise exempted. General Laws c. 31, § 5 does exempt certain positions. That section provides, in pertinent part: "No rule made by the commission shall apply to the selec- tion or appointment of any of the following: "... officers appointed by the governor, or whose ap- pointment is subject to approval by the governor . . . "Such others as are by law exempt from the operation of this chapter." Even assuming, arguendo, that the persons appointed to the position of administrator of field operations of authority audits and the position of administrator of field operations of state audits are considered officers of the Commonwealth, it is, nevertheless, apparent from a reading of G. L. c. 11, § 5 that their appointment is not subject to approval by the Governor. Nor does that section exempt the positions from the opera- tion of the Civil Service Law and Rules. L therefore, conclude that the positions to which you refer must be filled in accordance with the Civil Service Law and Rules. Very truly yours, ROBERT H. QUINN Attorney General 40 P.D.