Call the guard

Legislators could let the serious problem of understaffing at the Maine State Prison be overshadowed by the process of finding more guards if they insist on taking a greater role in Gov. Angus King’s reasonable solution. Rather than demanding to be included in a debate for which there is no announced opposition, lawmakers can instead note the extent of the shortage and urge the governor to act quickly.

In just the last couple of months, the combination of difficult work, low pay and a strong economy providing employment options has made Corrections Commissioner Martin Magnusson’s job of filling empty guard positions nearly impossible. Contracts make simply offering the guards more money to stay problematic, but the King administration has proposed essentially promoting 600 guards to a higher pay level, with the goal of keeping those currently on staff and attracting applicants for the nearly 50 job openings.

The plan isn’t new — a similar proposal got approval last spring that covers officers at the juvenile facility and the governor was set to offer the plan to a new legislature in January. This summer’s job openings, which have created the unsafe situation of some guards working up to 80 hours a week and many going without vacation or needed days off, has caused Gov. King to propose moving up the schedule to have both adult and juvenile guard pay increases take effect in early August. The catch is that the Legislature ought to be the branch of government to make these position changes, although no one argues that the governor is not technically allowed to make them.

Legislative leaders are considering whether to bring back lawmakers to debate the issue. The cost of doing so, at $40,000 a day, is not prohibitive, but there is no evidence thus far that it is needed. The relevant legislative committees already have met on the issue and raised no substantial objection to the funding plan. No other lawmakers have come forward to say there’s a better way to do it. Bringing them back would largely be an exercise of power – and an opportunity for the disgruntled on other issues to create mischief.

Gov. King has further offered legislative leaders an agreement that would essentially end the governor’s authority to make these position changes after this episode, ensuring that it does not set a precedent. If lawmakers are as concerned about the process and the balance of power among branches of government as they indicate, they would view this as a fair deal and drop the idea of returning to Augusta.