Attorney General: Opinions
Opinions

2004 Formal Opinions
12/17/2004John Suchy, Director - Liquor Control Division, Department of Consumer Protection, 2004-022 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on the lawfulness of a proposed entertainment program at liquor permit premises involving the playing of poker for prizes. The proposal comes in the wake of recent announcements outlawing the betting on poker tournaments due to criminal laws against gambling.
 
12/15/2004The Honorable Linda Schwartz, Department of Veterans' Affairs, 2004-021 Formal Opinion, Attorney General of Connecticut
  You have raised several questions concerning the statutes governing the establishment and activities of the Soldiers', Sailors' and Marines' Fund (&quo;Fund"), as well as the current operation of the Fund. In particular, you have inquired whether: i) these statutes' apparent delegation of public functions to a private agency, in this instance the American Legion, violates constitutional principles; ii) whether current law restricts expending Fund assets for administrative expenses; and iii) whether the law would permit the Department of Veterans' Affairs ("DVA") to conduct the intake and processing of veterans' applications for benefits from the Fund.
 
11/24/2004The Honorable Mary Ann Handley and The Honorable Peter F. Villano Co-Chairs, Human Serices Committee, 2004-020 Formal Opinion, Attorney General of Connecticut
  You have asked for my opinion whether the contract entered into by the Department of Social Services (DSS) with the Community Health Network of Connecticut, Inc.(CHN) to provide medical services to eligible clients under the State-Administered General Assistance program (SAGA) is a personal service agreement which must comply with the competitive bidding or competitive negotiations provisions of Conn. Gen. Stat. 4-212 et seq.
 
11/22/2004Commissioner Bruce H. Gresczyk, Department of Agriculture, 2004-019 Formal Opinion, Attorney General of Connecticut
  Your department requested an opinion concerning the authority of the Milk Regulation Board under Conn. Gen. Stat. 22-133 and other related statutes "specifically in relation to the pricing of milk in the state."
 
11/22/2004The Honorable Kevin B. Sullivan, Lieutenant Governor, 2004-018 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion as to the possible overcollection of sales tax on certain food items by supermarket vendors and the receipt of such overcollected taxes by the Department of Revenue Services ("DRS"). Specifically, you have asked for an opinion as to two questions: (1) Is DRS obligated to inform the retailer of its miscollection of taxes? and (2) Is the State obligated to disgorge the overtaxation received and is the retailer obligated to disgorge to consumers the taxation collected?
 
10/12/2004Robert S. Rudewicz, State Marshal Commission, 2004-017 Formal Opinion, Attorney General of Connecticut
  A recent inquiry from the City of Waterbury has brought to our attention that some marshals are charging a fee of fifteen per cent of the amount of taxes collected for the service of alias tax warrants under Conn. Gen. Stat. 52-261 as amended by Public Act No.03-224.
 
9/23/2004Honorable Marc Ryan, Secretary, Office of Policy and Management, 2004-016 Formal Opinion, Attorney General of Connecticut
  This letter responds to your August 3, 2004 amended request for a formal opinion as to whether Dr. D. Ray Sirry, the Juan F. Court Monitor, would be entitled to indemnification from the State in connection with services he has agreed to provide to the State to assist it in implementing reforms at the Connecticut Juvenile Training School (CJTS).
 
8/31/2004J. Robert Galvin, M.D., M.P.H., Commissioner, Department of Public Health, Robert M. Murphy, N.D., Chairman, Connecticut State Board of Natureopathic Examiners, 2004-015 Formal Opinion, Attorney General of Connecticut
  In response to then Commissioner Joxel Garcia's and Chairman Murphy's requests, this is a formal opinion responding to the following questions: 1) Does "phototherapy" as used in Conn. Gen. Stat. 20-34, incorporate the use of "laser therapy equipment"?; 2) Does the State Board of Natureopathic Examiners have the authority to expand its scope of practice either with or without the consent of the Commissioner?; 3) Does the Department of Health's use of the 1997 Connecticut Medical Examining Board's "declaratory ruling on use of hair removal" to prohibit a licensed natureopathic physician from employing laser hair removal constitute an unfair restriction of trade?
 
8/30/2004Honorable Darlene Dunbar, MSW, Department of Children and Families, 2004-014 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion interpreting Conn. Gen. Stat. 17a-101i(a) regarding the Department's obligation to notify and provide records to an employing superintendent of schools when it has substantiated abuse of a child by certain school employees. Specifically, you are requesting a determination as to whether the applicable notification requirements apply to abuse of any child or only to abuse of a child who is a student in the employing school or school system.
 
8/11/2004Hon. Joan V. Hartley, Co-Chair, Higher Education and Employment Committee, Hon. Nancy E. Kerensky, Co-Chair, Higher Education and Employment Committee, 2004-013 Formal Opinion, Attorney General of Connecticut
  You have asked for an advisory opinion concerning the appointment of members to the Connecticut Employment and Training Commission ("CETC"). The CETC has been designated Connecticut's state workforce investment board (board) pursuant to Conn. Gen. Stat. 31-3h(b)(5), which implements the federal Workforce Investment Act of 1998, P.L. 105-200 ("WIA") Sec. 111(b)(1)(C). You have asked whether restrictions on appointments to the board contained in 31-3i(b) conflict with appointment provisions of WIA, and if so, whether the state statutory provisions are preempted by the federal law.
 
7/27/2004William Cibes, Chancellor, Connecticut State University System, 2004-012 Formal Opinion, Attorney General of Connecticut
  By letter dated July 23, 2004, you advised us that on June 23, 2004, Richard L. Judd, the former President of Central Connecticut State University (the "University"), signed a document entitled "University Manual Food Services Agreement," to which the University and the Chartwells Division of Compass Group USA, Inc. ("Chartwells") are the designated parties. The purported "Agreement" contemplates the payment to Chartwells of some forty million dollars over a term of ten years, commencing July 1, 2004.
 
7/27/2004The Honorable Nancy Wyman, Comptroller, State of Connecticut, 2004-011 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal legal opinion concerning the legality of the Connecticut Development Authority's ("CDA") plan to pay its President and former Chairman, Arthur H. Diedrick, $170,794.52 for 2002.75 hours of claimed accumulated compensatory time when he resigns on August 1, 2004. You have also asked whether it was legal for Mr. Diedrick to have served as both the Chairman of the CDA Board and its President.
 
7/12/2004The Honorable Jodi Rell, Office of the Governor, 2004-010 Formal Opinion, Attorney General of Connecticut
  You have asked me to determine whether the Ethics Commission adhered to applicable state statutes and regulations when it informed Alan Plofsky, the Commission's Executive Director, of the Commission's desire to suspend him without pay for two weeks as a result of remarks he made on June 3, 2004, to the League of Women voters concerning former Governor Rowland.
 
7/7/2004The Honorable Marc S. Ryan, Office of Policy and Management, 2004-009 Formal Opinion, Attorney General of Connecticut
  As you have described in prior communications, including your recent letter to me dated April 28, 2004, the Office of Policy and Management ("OPM") and the Department of Public Works ("DPW") have been attempting to make an appropriate and beneficial disposition of certain surplus State property, namely the property and facilities known as the Norwich State Hospital (the "Hospital"). You previously requested and received from me a formal opinion (dated April 12, 2004) treating certain questions regarding the legal ramifications of allowing a consultant to the State, named Spaulding & Slye, to submit a competitive proposal for its own purchase and development of the Hospital after it had worked for many months, under contract to the State, studying the possible development and sale of the Hospital, and helping to solicit and evaluate proposals for the property from other parties.
 
7/2/2004The Honorable Michael J. Cicchetti, Office of Policy and Management, 2004-008 Formal Opinion, Attorney General of Connecticut
  In your capacity as Chairman of the Waterbury Financial Planning and Assistance Board (the "Board"), you have asked for an advisory opinion concerning the membership of the Board. Specifically, you have asked whether Board member Mr. Jack Cronan, an appointee of the Governor who is the chief executive officer of the Waterbury Teacher's Association, may continue to serve as a Board member following his planned retirement from employment with the City of Waterbury (the "City") on July 1, 2004 and end of his tenure as chief executive officer of the Waterbury Teacher's Association.
 
5/21/2004Susan G. Townsley, Division of Special Revenue, 2004-007 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.
 
5/17/2004Diane Goss Farrell & Kenneth M. McKeever, Esq. , Town of Westport & Town of Lyme , 2004-006 Formal Opinion, Attorney General of Connecticut
  I write in response to your letters, which request my interpretation of Connecticut's General Statutes as they pertain to the legality of same sex marriages in our state. Specifically, you wish to know whether local officials may issue marriage licenses to, or perform marriage ceremonies for, same sex couples.
 
5/10/2004Gerald D. Farrell, Jr., Chairman , State Marshal Commission , 2004-005 Formal Opinion, Attorney General of Connecticut
  In separate letters to us you requested our advice on two questions concerning indemnification of state marshals. Your first question seeks our opinion on whether state marshals serving capias warrants on behalf of Support Enforcement Services are entitled to indemnification by the State of Connecticut. Your second question asks whether state marshals who train new appointees would be indemnified under Connecticut General Statutes 4-165.
 
4/12/2004The Honorable Marc S. Ryan, Office of Policy and Management, 2004-004 Formal Opinion, Attorney General of Connecticut
  In June 2000, the Office of Policy and Management retained Spaulding & Slye ("S&S") as a consultant to assist in the development and marketing of the Norwich State Hospital property. The 2000 contract also gave S&S the right to offer to purchase the property. The contract with Spaulding & Slye terminated in December 2003 and in March 2004 OPM issued a Request for Proposals ("RFP") for the purchase and development of the hospital property. In a letter dated March 3, 2004 you have asked whether Spaulding & Slye may submit a proposal in response to the RFP and what the state's legal exposure would be from other bidders if S&S is allowed to submit a proposal or from S&S if a bid from them is precluded. Subsequently on March 5, 2004, you also asked whether the state may place a restriction on the property prohibiting it from being annexed by an Indian Tribe.
 
3/22/2004The Honorable Kevin B. Sullivan, Connecticut General Assembly, 2004-003 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal legal opinion regarding the recommendation by the Judicial Selection Commission of Joseph Mengacci for nomination as a judge. You ask specifically what actions constitute "consideration" of a candidate's application by the Judicial Selection Commission (hereinafter "Commission"). As you set forth in your letter, Conn. Gen. Stat. 51-44a(l) prohibits a former Commission member from being "considered for recommendation to the governor for nomination as a judge" for two years after termination of his tenure on the Commission.
 
2/24/2004The Honorable Kevin B. Sullivan, Senate, 2004-002 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal legal opinion as to whether the State's decision to stop accepting applications from legal aliens1 for certain state benefit programs violates the equal protection clause of the United States Constitution.
 
1/2/2004Susan G. Townsley, Division of Special Revenue, 2004-001 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for a reconsideration of a previous informal opinion, and request for a formal opinion, on whether you can give permission to Autotote Enterprises, Inc. (AEI) to install Color Tiny TIMs (CTTs) and Hand Held Personal Account Terminals (PATs) at the Mohegan Sun Race Book under the terms of the Mohegan Tribe State of Connecticut Gaming Compact.