Number 18 January 28, 1972

Number 18 January 28, 1972 Mrs. Mabel A. Campbell Director of Civil Service State House Boston, Massachusetts 02133 Dear Mrs. Campbell: You have requested my opinion whether part-time employees of the Springfield Civic Center such as ushers, ticket-takers, and security guards must be hired pursuant to the civil service law and rules or whether the services performed by such employees may be furnished by a contractor or concessionaire. My answer is that St. 1968, c. 377, which authorized the establishment of the Civic Center Commission in the City of Springfield, left it within the managerial discretion of the Com- mission to furnish relevant services either by using city employees, granting concessions, or a combination of the two. The relevant statutory provision is St. 1968, c. 377, § 7, which pro- vides in pertinent part: "Notwithstanding the provisions of any general or special law or ordinance to the contrary, the [civic center] commis- sion is hereby authorized and empowered: — ***** (b) To provide through employees of the city under the commission's supervision or by the grant of one or more con- cessions to private persons or firms or in part through such employees of the city and in part by the granting of one or more concessions to private persons or firms for the furnish- ing of services and things for the accommodation of persons admitted to or using the civic center or any part, facility or function thereof." The provisions in § 7(f) of Chapter 377 dealing with the applicability of the civil service law and rules would become operable only if the Civic Center Commission determined to furnish services by using employees P.D. 12 83 of the City. In that event, the employees must be hired pursuant to the civil service law and rules, and it would be immaterial, so far as the ap- plication of said law and rules is concerned, whether the employees were full-time or part-time. Very truly yours, ROBERT H. QUINN Attorney General