Thursday, March 15, 2007 |
Contact: Rich AuBuchon, |
Office of Administration Seeks Unauthorized Correspondence by Attorney General Jay NixonJefferson City - Richard AuBuchon, the Office of Administration's Deputy Commissioner and Chief Counsel sent Attorney General Nixon a letter today requesting unauthorized correspondence between the Attorney General and the Service Employees International Union (SEIU) that may have compromised the State of Missouri's case against the public employees union. AuBuchon is also seeking independent legal counsel be assigned to represent the agency in the lawsuit filed by SEIU. Nixon denied the request of his client to appeal the February 20, 2007, opinion from the Western District Court of Appeals despite a formal request for appeal to the Supreme Court by the agency on March 2, 2007. Nixon also appears to have sent a letter to SEIU conceding that no appeal will be filed without informing his client, the Office of Administration. "These actions indicate to me that you are more interested in advancing your political agenda than representing the Office of Administration," AuBuchon wrote. Nixon has failed to communicate with the Office of Administration on litigation strategy for months and has directed his staff to move in the direction of acquiescing to SEIU. Despite Nixon's refusal to appeal, AuBuchon hopes the trial court will dismiss this case. "There is no enforceable remedy in this case," AuBuchon said. "Pursuant to Article III of the Missouri Constitution, only the legislature has the power to appropriate money. However, the plaintiffs are seeking an order from the court that would require the legislature to appropriate money. That is clearly unconstitutional. This case should have been dismissed for lack of an enforceable remedy." SEIU sued the Office of Administration and others, after the General Assembly voted against appropriating a general structure salary increase for probation and parole officers in 2004. ### Go to News Releases Index |
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