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Legal Opinion

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Florida Attorney General Reports

Decided July 27, 1979Published

1Opinion of the Court

Curtis A. Golden State Attorney Pensacola

QUESTION:

May a state attorney legally contract with an assistant state attorney for a definite period of employment exceeding 3 years?

SUMMARY:

A state attorney is not authorized to enter into an employment contract with his assistant state attorneys binding the state attorney to retain such assistants for a definite period of time. The state attorney's power to remove cannot be contracted away unless such authority is clearly conferred by law. The statute does not confer such a power upon a state attorney.

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2Cases cited14 opinions

  1. State ex rel. Greenberg v. Florida State Board of DentistryDistrict Court of Appeal of Florida · 1974
  2. Gessner v. Del-Air CorporationSupreme Court of Florida · 1944
  3. State Ex Rel. Martin v. MichellDistrict Court of Appeal of Florida · 1966
  4. Barbor v. County Court of Mercer CountyWest Virginia Supreme Court · 1920
  5. Mahoney v. Philadelphia Housing AuthorityCommonwealth Court of Pennsylvania · 1974

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