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

09-15-2008

“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.