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Carcieri Administration Comments on Decision by Judge Pfeiffer on E-Verify Lawsuit

“We are pleased with the Judge’s decision to deny the temporary restraining order, which allows the Administration to move forward in requiring vendors to use E-Verify,” said Governor Donald L. Carcieri. “More importantly, the decision clearly recognizes that my Executive Order was within my authority and allowed by the state’s Constitution.”

In the decision Judge Pfeiffer states, “The Executive Order does not violate the Separation of Powers Doctrine,” and “does not encroach upon the power of the General Assembly to enact laws regarding state contracts.” Further, the decision recognizes that “the Executive Order is not outside of the authority of the Governor to issue,” and that, “the chief executive power of this state is vested in the Governor.”

The decision went on to state, “Nothing under the procurement statute or elsewhere in the general laws impedes the Chief Purchasing Officer, at the Governor’s directive, from designing a procurement system that insures that vendors doing business with the State directly verify the employment of individuals who are legally entitled to work within Rhode Island.”

In accordance with the decision by Judge Pfeiffer, the Department of Administration will immediately move forward to promulgate a purchasing regulation that expressly requires vendors who are doing business with the State of Rhode Island to use E-Verify.

 

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Governor Carcieri Joins Northeast Governors in Request for Release of LIHEAP Funding

Governor Donald L. Carcieri joined with the Governors of the Coalition of Northeast Governors in signing a letter to President George W. Bush requesting the federal government to release immediately the remaining $120 million in contingency funds for the Low Income Home Energy Assistance Program (LIHEAP).

“As we look forward to the cold weather months and to developing remedies to the negative impact of skyrocketing energy costs for all Rhode Islanders, LIHEAP funding is one of the important elements of addressing energy affordability,” Governor Carcieri said. “Projections indicate that Rhode Island residents will be facing an unprecedented energy crisis this winter, impacting families from across the economic spectrum, including, for the first time, many middle class families. I urge the President to release LIHEAP funds, allowing the Northeast states to help its residents stay warm this winter.”

Besides these contingency funds, Governor Carcieri, along with the other New England Governors, has also written to the President and members of the U.S. Congress requesting an increase in overall LIHEAP funding for next year.

“While there is much about high energy costs that is out of our control, we need to be sure we are doing everything that is within our power to help Rhode Islanders manage the burden of energy expenses,” Governor Carcieri said.

Governor Issues Executive Order to Continue Operations at RI Resource Recovery Corporation

Governor Donald L. Carcieri today signed an Executive Order pursuant to Chapter 15 of Title 30 of the Rhode Island General Laws authorizing the Rhode Island Resource Recovery Corporation (RIRRC) to continue operations and conduct critical business activities necessary to maintain public health.

“The closing of the RIRRC and the Central Landfill would pose a significant health risk to Rhode Island,” commented Governor Carcieri. “This Order is a direct result of inaction by the State Senate to approve the names of RIRRC Board appointees I submitted on March 17, 2008, giving the Senate more than enough time to approve the individuals and has put the health and well being of Rhode Islanders at risk.”

For the past nine months, the RIRC Board has lacked a sufficient number of commissioners to constitute a quorum and conduct business, which includes approval of the RIRRC budget. Without Board approval of the budget, the RIRRC is unable to operate.

The RIRRC operates the Central Landfill, which receives the vast majority of solid waste generated by the State of Rhode Island. The RIRRC services approximately 600 vehicles per day, handling 7 million pounds of solid waste and 800,000 pounds of recyclable materials.

Office of the Governor · 222 State House, Providence, RI 02903-1196