79-72
Meaning of "ex officio"
Cite as Me. Op. Att'y Gen. 79-72
MAINE STATE LEGISLATURE
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l<. IC'fL\Jl!) S. CCJHES
ATTORNEY GENERAL
Bill Brown
STATE OF ~I.-\INE
DEPARTMENT OF THE ATTORNEY GENERAL
AUGUSTA, 1'.!AINE 0-'1333
April 18, 1979
State Government Corru:nittee
State House
Augusta, Maine
Dear Bill:
STEPHEN L. DI.-\MO:S.[1
Jo.1N S. GLEA'.iON
JOHN i\'1. R. PATERSOS
Rnr.irnT J. STOL!
DEPUTY ATTORNEYS GEtlERAL
Enclosed is an opinion of the office which I believe
answers your question as to the meaning of "ex officio.
11
As to your second inquiry -
·whether incl us ion o.E the
State Treasurer on the Board of an Authority would make
the State liable for the indebtedness of the Authority
it is my opinion that the mere fact of the Treasurer's
E1.embership would not suffice to create such liability.
Generally speaking, both the relev~ht statutes and the
bonds expressly recite the liability or nbnliability of
the State, and in my view, those recitations would be
controlling.
·
Please let me know if I may be of any further service.
SLD/ec
Enc.
Sincerely,
STEPHEN L. DIAMOND
Deputy Attorney General
Walter
George
p
-'..J.
,..
<,_, •
Steele., Jr.
West, Deputy
I
J
•.J
February 16, 1965
Maine Milk Commission
Attorney General
Reference is made to your memo of February 12th expressing
concern as to ·whether or not the me officio member of the
Maine Milk Commission, who is the Commissioner of Agriculture.,
may vote and may be Chairman of the Commission.
The Milk Commission Law., Title 7, section 2952., pro-
vides, "The Cormnissioner of Agriculture shall be ex officio
a member of said Commission."
Ex officio means,
11by virtue
of officc.
11
Thus., the above-quoted sentence really means
that the Commissioner of AgriculturG by virtue of his office
is a member of the Commission.
He is ns much a member of
the Commission as any 0£ the other six persons appoin"i.:ed by
the Gov,:rnor.
As a mernber of the Commission he 11as the right and duty
to vote on any and all questions.
He may also serve as
Chairman if elected by a raa.jority of the mern.bers.
GC'W:H
cc:
Maynard Dolloff
George C .. West
Deputy Attorney General