Attorney General: Opinions
Opinions

2002 Formal Opinions
11/14/2002Kristine D. Ragaglia, J.D., Department of Children and Families, 2002-036 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal opinion concerning the community behavioral health treatment program being developed at Natchaug Hospital in Mansfield, CT.
 
10/22/2002Mitchell R. Harris, State Marshal Commission, 2002-035 Formal Opinion, Attorney General of Connecticut
  You have requested our advice as to the required number of State Marshals in each county pursuant to the provisions of Conn. Gen. Stat. § 6-38. Specifically, you have requested a formal opinion of the Attorney General as to "whether the Commission has the discretion to determine whether to fill these vacancies or whether the Commission is required [to] fill all vacancies in every county up to the statutory maximum."
 
10/17/2002The Honorable John G. Rowland, State Capitol, 2002-034 Formal Opinion, Attorney General of Connecticut
  On October 9, 2002, the Freedom of Information Commission (Commission) ruled that the Connecticut Resources Recovery Authority (CRRA) was not required to disclose to the public eight documents in CRRA's possession which were the subject of an April 17, 2002, and an April 23, 2002 Freedom of Information Complaint filed by Paul A. Green and the Journal Inquirer. According to the Commission, the eight documents in question either constitute attorney-client communications or relate to CRRA's possible litigation strategy to recover the $220 million loaned to Enron and are, therefore, exempt from public disclosure pursuant to Conn. Gen. Stat. §§1-210(b)(10) and 1-210(b)(4). By letter dated October 11, 2002, you have asked me to obtain from CRRA the eight documents that have not yet been disclosed and release them to the public.
 
9/30/2002Honorable Kristine D. Ragaglia, J.D., Department of Children and Families, 2002-033 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion interpreting Conn. Gen. Stats. § 17a-101a, the mandated reporter statute. Section 17a-101a requires certain individuals enumerated in Conn. Gen. Stats. § 17a-101(b)1 to notify the Department of Children and Families (the Department or DCF) or a law enforcement agency when they have "reasonable cause to suspect or believe" that child abuse or neglect, as defined in Conn. Gen. Stats. § 46a-120, has occurred. Your question concerns the obligations of a mandated reporter who becomes aware that a minor under the age of sixteen is engaged in a sexual relationship.
 
9/19/2002The Honorable John P. Burke, Department of Banking, 2002-032 Formal Opinion, Attorney General of Connecticut
  I am writing in response to your request for a formal opinion regarding the protection of public deposits pursuant to Connecticut General Statutes, §36a-330 et seq. The issue presented is whether funds belonging to the City of West Haven ($454,761) that were deposited into a Connecticut Interest on Lawyers' Trust Account ("IOLTA") constitute a public deposit within the meaning of sections 36a-330 et seq. of the Connecticut General Statutes.
 
9/11/2002The Honorable John P. Burke, Department of Banking, 2002-031 Formal Opinion, Attorney General of Connecticut
  I am writing in response to your request for a formal opinion as to whether the Department of Banking ("Department") has the authority to reimburse an electronic service provider for reasonable costs associated with complying with an administrative subpoena, in light of the requirements imposed by the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2706 ("ECPA") and section 36b-26(b) of the Connecticut Uniform Securities Act ("Act").
 
8/30/2002Susan G. Townsley, Division of Special Revenue, 2002-030 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an expedited opinion on whether the Connecticut Lottery Corporation (CLC) may legally sell lottery tickets at a booth within the Connecticut building at this year's Eastern States Exposition in West Springfield, Massachusetts, from September 13-29, 2002.
 
8/30/2002Mortimer A. Gelston, State of Connecticut Siting Council, 2002-029 Formal Opinion, Attorney General of Connecticut
  In your letter of June 17, 2002, you requested that I issue an opinion regarding whether the $12,000.00 annual cap on compensation for members of the Connecticut Siting Council (Council) contained in Conn. Gen. Stat. § 16-50j (f) is a limit on total compensation or only compensation for attending hearings.
 
8/19/2002William F. Sudol, Administrator, State Teachers' Retirement Board, 2002-028 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion of this office as to whether a surviving spouse of a Teachers’ Retirement System member can receive the survivor’s benefits provided by Conn. Gen. Stat. § 10-183h(d) when the member’s sole designated beneficiary is a trust to which she was the sole beneficiary until her death.
 
7/26/2002The Honorable Kevin B. Sullivan, State Capitol, 2002-027 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion concerning the validity of certain claims of testimonial privilege asserted by officials of the State Department of Environmental Protection (DEP) subpoenaed to testify at a hearing of the Joint Committee on Labor and Public Employees ("Joint Committee").
 
7/25/2002The Honorable Susan Bysiewicz, Office of the Secretary of the State, 2002-026 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal legal opinion as to whether your office is "authorized to issue or accept primary petitions of candidates for state and district offices?"1 It is our understanding you are questioning whether you are required to place the name of a candidate for state or district office2 on the Democratic or Republican Party primary ballot based solely on the fact that the candidate has obtained the signatures of a certain percentage of the political party's registered voters within the candidate's district.
 
7/24/2002Susan G. Townsely, Division of Special Revenue, 2002-025 Formal Opinion, Attorney General of Connecticut
  You requested an opinion from this office regarding a complaint that was made under the whistleblower statute, Conn. Gen. Stat. § 4-61dd. The Division of Special Revenue ("the Division") received a copy of a letter that was filed with the Auditors of Public Accounts under Conn. Gen. Stat. § 4-61dd. The Division has initiated its own internal investigation into the allegations set forth in the letter. One of the Division's employees, who believes that she has been accused of possible wrongdoing in the letter, has requested a copy of "any documents, notes, or materials, which are the basis for [the Division's] investigation."
 
7/18/2002Honorable Denise L. Nappier, Office of the Treasurer, 2002-024 Formal Opinion, Attorney General of Connecticut
  You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.
 
7/16/2002Susan B. Townsley, Division of Special Revenue, 2002-023 Formal Opinion, Attorney General of Connecticut
  This is in response to your recent request for an opinion on whether the Division of Special Revenue (DOSR) must review and approve the Mohegan Tribal Gaming Commission's Cashless Wagering System (CWS) for slot machines proposed for use at Mohegan Sun Casino in Uncasville, Connecticut, in advance of implementation.
 
7/5/2002Michael Pace, Chairman, Connecticut Resources Recovery Authority, 2002-022 Formal Opinion, Attorney General of Connecticut
  This letter responds to the June 25, 2002 letter from Ann Stravalle-Schmidt, CRRA Director of Legal Services, seeking our opinion on several questions concerning the Separation Agreement between CRRA and former CRRA President Robert E. Wright that was approved by the previous CRRA Board of Directors. In particular, Stravalle-Schmidt asked: (1) whether the previous Board had the authority to enter into the agreement; (2) whether the language of ¶7 of the agreement — the provision concerning indemnification and reimbursement for legal expenses — was legally permissible; and (3) whether ¶7 of the agreement is enforceable against CRRA.
 
6/28/2002Senator Sullivan and Jepsen, State Capitol, 2002-021 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion regarding the provision of § 17b-8(a) of the General Statutes, under which the Commissioner of the Department of Social Services ("Commissioner") is required to submit applications for waivers of federal assistance program requirements to the Joint Committee on Appropriations and the Joint Committee on Human Services ("Joint Committees").
 
6/28/2002Honorable Amalia Vazquez Bzdyra, Chairperson of the Commission on Human Rights and Opportunities, 2002-020 Formal Opinion, Attorney General of Connecticut
  This is in response to the letter drafted on your behalf by Commission Counsel Murphy dated May 24, 2002, as amended and supplemented by the letter dated June 14, 2002, in which you request our opinion as to the validity of two recent appointments to vacancies on the Commission on Human Rights and Opportunities (hereinafter CHRO).
 
6/19/2002Honorable Nancy Wyman, Comptroller, 2002-019 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion as to whether the Governor has the authority, pursuant to Conn. Gen. Stat. §4-96, to increase the Banking Department’s (the "Department") fiscal year 2002 budget by $3.193 million for expenses associated with the proposed relocation of the Department, including building renovations and new furniture.
 
6/12/2002The Honorable John G. Rowland, The Capitol, 2002-018 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion on whether your interim appointment of the new chairman of the Connecticut Resources Recovery Authority ("CRRA"), Michael Pace, made pursuant to Conn. Gen. Stat. § 4-191, is valid in light of the fact that the appointment was made after the legislature had convened a special session limited to considering legislation related to the state budget.
 
5/31/2002Mitchell R. Harris, Esq., State Marshal Commission, 2002-017 Formal Opinion, Attorney General of Connecticut
  You have asked for our opinion regarding the State Marshal Commission’s authority to investigate and, if appropriate, withdraw the appointment of a state marshal for improper conduct engaged in prior to December 1, 2000.
 
5/30/2002Susan G. Townsley, Divsion of Special Revenue, 2002-016 Formal Opinion, Attorney General of Connecticut
  This is in response to your question as to whether the Compact between the Mohegan Tribe and the State of Connecticut allows off-track betting and viewing of races from hotel rooms at the Mohegan Sun Casino utilizing hotel telephones and television sets.
 
5/1/2002Steven Weinberger, Office of the Comptroller, 2002-015 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion as to whether certain provisions of the retirement plan for state employees are preempted by federal law. In particular, you inquire as to the enforceability of state statutory and contractual provisions prohibiting those who qualify for military pensions from purchasing retirement credit for military service during war or national emergency.
 
4/23/2002Honorable John G. Rowland, State Capitol, 2002-014 Formal Opinion, Attorney General of Connecticut
  I write to supplement my opinion dated April 17, 2002, regarding the constitutionality of House Bill No. 5346, and to notify you of a United States Supreme Court decision providing powerful and decisive support for my conclusion that the measure is constitutional.
 
4/17/2002Honorable Kevin Sullivan, Legislative Office Building, 2002-013 Formal Opinion, Attorney General of Connecticut
  You have asked for an evaluation of the constitutionality of the Governor's Executive Order No. 26, issued April 12, 2002 ("Executive Order"), with respect to large-scale gas and electric transmission facilities.
 
4/17/2002John G. Rowland, State Capitol, 2002-012 Formal Opinion, Attorney General of Connecticut
  You have asked for my opinion regarding the constitutionality of House Bill No. 5346, which would impose a one year moratorium on the construction of any electric power line or gas pipeline across Long Island Sound.
 
4/16/2002Honorable George Jepsen, State Capitol, 2002-011 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion regarding the responsibility for providing police services at the University of Connecticut Stadium at Rentschler Field in East Hartford and at the Adriaen’s Landing Project in Hartford.
 
3/21/2002Susan G. Townsley, Division of Special Revenue, 2002-010 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether a greyhound racing association licensee can block the simulcasting of similar racing events during days and times when it is not conducting its own racing events pursuant to Conn. Gen. Stat. §12-571a(c)(1).
 
3/15/2002Honorable Marc S. Ryan, Secretary, Office of Policy and Management, 2002-009 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request, on behalf of the Waterbury Financial Planning and Assistance Board ("WFPAB"), for a formal legal opinion on three questions concerning the appointment of a 2002 Charter Revision Commission for the City of Waterbury.
 
3/4/2002Senator Jepsen and Representative Pudlin, State Capitol, 2002-008 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal legal opinion as to whether Peter Ellef, the current chairman of the Connecticut Resources Recovery Authority ("CRRA""), is serving in that capacity without having received the necessary legislative approval.
 
2/17/2002Joseph D. D'Alesio, Judicial Branch, 2002-007 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion regarding an amendment to Conn. Gen. Stat. § 54-215, relating to the Criminal Injuries Compensation Fund. The purpose of that fund is to provide compensation and services for the victims of crimes.
 
2/8/2002Honorable David B. Pudlin, Legislative Office Building, 2002-006 Formal Opinion, Attorney General of Connecticut
  This will acknowledge and reply to your request of November 28, 2001 for an advisory opinion as to whether the State has the authority to consolidate workforce development regions pursuant to the federal Workforce Investment Act and, if so, what criteria must be satisfied before such consolidation is approved. You also ask whether a workforce development board which has demonstrated adequate fiscal capability and achieved satisfactory performance results can be forced to change its current service area or method of operation.
 
2/1/2002Honorable Gene Gavin, Department of Revenue Services, 2002-005 Formal Opinion, Attorney General of Connecticut
  You requested our opinion "concerning the determination of how much of an individual’s disposable income may be taken to satisfy a tax warrant when the individual also is subject to a dependent support order."
 
1/31/2002Honorable Denise L. Nappier, Treasurer, 2002-004 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion regarding the ownership and management of approximately 2.2 million shares of Anthem, Inc. stock recently distributed to the State of Connecticut, as a result of the demututalization of Anthem Insurance Company ("AIC"). You raise the question of the State's "ownership of, and, therefore, [your] authority to receive and manage these assets" in light of legal challenges to the State's ownership currently pending.
 
1/31/2002Susan G. Townsley, Division of Special Reveue, 2002-003 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether a certain bill, proposed in last year’s legislative session, and which is expected to be proposed again, would conflict with the Tribal/State agreements or Memoranda of Understanding (MOUs) with the Mashantucket Pequot and Mohegan Tribes concerning the operations of the two casinos in Connecticut. The bill would allow businesses to conduct games of chance under certain circumstances.
 
1/24/2002Timothy Coppage, Department of Economic and Community Development, 2002-002 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act.
 
1/15/2002The Honorable Joseph Pellegrino, Supreme Court Building, 2002-001 Formal Opinion, Attorney General of Connecticut
  Your office has asked whether the recent injunction regarding Connecticut's Sexual Offender Registration Act (SORA) issued by the United States District Court of Connecticut, and upheld by the Second Circuit, impedes in any way the implementation of Public Act 01-211, concerning victim notification. That Act requires victim notification of applications for exemption from the Sex Offender Registry or its notification requirements.