PROVIDENCE — Governor Carcieri has the “inherent power” under the Rhode Island Constitution to lay off state sheriffs when the state faces financial difficulties, state Superior Court Judge Judith Colenback Savage ruled in a decision released yesterday.

Judge Savage ruled that Carcieri proceeded properly when his administration decided last year to issue layoff notices to the sheriff of Kent County, Ann M. Castelli, the sheriff of Newport County, Joseph K. Ford, and three chief deputy sheriffs, James M. Grant, Jo-Ann J. Macari and Daniel E. Silva.

The sheriffs filed suit, asserting that the governor’s administration did not have the authority to lay them off without “just cause.” The sheriffs argued that they were all appointed to 10-year terms and thus could not be laid off without cause.

In addition, the sheriffs contend that state financial difficulties do not constitute just cause for laying off sheriffs. And they asserted that the indefinite layoffs handed down by the administration effectively eliminated the sheriff positions, which were created by law.

The Carcieri administration asserted that the governor has the power, under the state Constitution, to layoff unclassified state employees due to budgetary problems. The administration also argued that the indefinite layoff for financial reasons was not tantamount to a “job abolishment.”

“Although the Rhode Island Supreme Court has not yet had occasion to address the issue, many jurisdictions recognize the inherent power of the chief executives in state and municipal government to lay off executive branch employees for fiscal reasons,” Savage wrote in her opinion.

Savage also said the state’s high court is likely to side with the governor if the sheriffs appeal her decision.

“While the Rhode Island Supreme Court has yet to consider whether the governor has the inherent power to lay off executive branch employees for fiscal reasons, there is evidence that it would opt to follow in the footsteps of these other jurisdictions,” Savage wrote.

Citing a precedent from the state banking collapse of the early 1990s, Savage noted that the Rhode Island Supreme Court upheld then-Gov. Bruce Sundlun’s authority to furlough state employees temporarily.

smackay@projo.com