Attorney General: Opinions
Opinions

2007 Formal Opinions
12/19/2007Mr. Brian S. Sigman, Executive Director, Board of Education and Services for the Blind, Formal Opinion 2007-035, Attorney General State of Connecticut
  You have asked for my opinion on the authority of the Board of Education and Services for the Blind (BESB) to choose the brand name products to be sold in vending machines placed on public property by BESB pursuant to Conn. Gen. Stat. § 10-303
 
12/19/2007Deputy Commissioner Norma Gyle, Department of Public Health, Formal Opinion 2007-034, Attorney General State of Connecticut
  You have asked this office for an opinion as to whether Tilcon Connecticut, Inc. (Tilcon) may select and pay for an independent third party environmental evaluation under Public Act 07-05 §64
 
12/17/2007Honorable James A. Amann, Speaker of the House, Formal Opinion 2007-033, Attorney General State of Connecticut
  This letter is in response to your request for a formal legal opinion concerning an employment issue impacting Representative Bruce Morris. I understand from your letter that Representative Morris is employed as the director of human relations for the Norwalk Board of Education
 
12/12/2007Peter A. Clark, Executive Director, Judicial Review Council, Formal Opinion 2007-032, Attorney General State of Connecticut
  Thank you for your letter requesting my opinion on two questions: (1) whether the Judicial Review Council (“the Council”) has jurisdiction over misconduct committed by acting workers’ compensation commissioners appointed on a per diem basis pursuant to Conn. Gen. Stat. § 31-280(a)
 
12/4/2007Karen Senich, Executive Director, Connecticut Commission on Culture and Tourism, Formal Opinion 2007-031, Attorney General State of Connecticut
  You have requested our opinion on whether religious organizations are eligible to accept awards in the Arts Presentation Grant Program (Grant Program) of the Connecticut Commission on Culture and Tourism
 
12/4/2007Richard F. Banbury, Esq., Executive Director Council on Probate Judicial Conduct, Formal Opinion 2007-030, Attorney State of Connecticut
  Thank you for your letter requesting my opinion on whether the Council on Probate Judicial Conduct (“the Council”) has jurisdiction over a complaint concerning alleged misconduct committed during a Judge of Probate’s term of office, but not filed until after the expiration of the judge’s term
 
11/29/2007Honorable Thomas R. Sullivan, Commissioner, Department of Insurance, Formal Opinion 2007-029, Attorney General State of Connecticut
  This letter is in response to your November 19, 2007 request that I reconsider my formal legal opinion issued to Comptroller Nancy Wyman on July 25, 2007 (Attorney General Opinion 2007-012).
 
11/14/2007Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-028, Attorney General State of Connecticut
  Your agency has requested our legal advice concerning the impact of Conn. Gen. Stat. § 46b-38aa et. seq., on eligibility for certain programs of the Department of Social Services.
 
11/8/2007Honorable Patricia H. Mayfield, Commissioner, Department of Labor, Formal Opinion 2007-027, Attorney General State of Connecticut
  You have asked for advice on whether inmates working within a correctional institution other than as part of an enterprise program combining State Use Industries with Private Sector Prison Industries may be considered employees of the Connecticut Department of Correction
 
11/5/2007Christopher R. Adams, Chairman, State Board f Firearms Permit Examiners, Formal Opinion 2007-026, Attorney General State of Connecticut
  Recently, you requested an opinion regarding whether a conflict of interest exists for a member of the Board of Firearms Permit Examiners (hereinafter the Board) arising from his participation as the named plaintiff in a class action lawsuit against the Commissioner of the Department of Public Safety
 
11/2/2007Honorable Jerry Farrell, Jr., Department of Consumer Protection, Formal Opinion 2007-025, Attorney General Attorney State of Connecticut
  In your August 28, 2007 memorandum, you sought this Office’s advice regarding the interpretation of Conn. Gen. Stat. § 20-417i(n) of the New Home Construction Contractors Act, and Conn. Gen. Stat. § 20-432(o) of the Home Improvement Act
 
11/1/2007David G. Carter, Sr., Chancellor, Connecticut State University System, Formal Opinion 2007-024, Attorney General State of Connecticut
  I have received your request for advice asking whether the publication of a so-called cartoon entitled "Polydongs" in the student newspaper at Central Connecticut State University (hereinafter “CCSU” or the “University”) is speech protected by the First Amendment to the United States Constitution.
 
10/16/2007Martin R. Libbin, Deputy Director, Legal Services, Formal Opinion 2007-023, Attorney General State of Connecticut
  This letter is in response to your request for a formal legal opinion as to whether the Judicial Branch has a legal duty to disclose to the public the master list of prospective jurors compiled pursuant to Conn. Gen. Stat. § 51-222a.
 
10/1/2007Honorable Thomas R. Sullivan, Insurance Commissioner, Formal Opinion 2007-022, Attorney General State of Connecticut
  You have requested an opinion (1) whether “the Insurance Department has the legally required jurisdictional authority to hear and decide an employment status dispute between an insured and its insurer where the dispute solely involves the factual determination of whether a worker should be classified as an employee or an independent contractor
 
9/28/2007Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-021, Attorney General State of Connecticut
  I appreciated your September 25, 2007 letter raising additional questions about the Department's responsibilities under the federal Low Income House Energy Assistance Program (LIHEAP)
 
9/25/2007Honorable Michael Starkowski, Commissioner Department of Social Services, Formal Opinion 2007-020, Attorney General State of Connecticut
  In response to questions raised by the Auditors of Public Accounts related to a whistleblower complaint, you have asked my opinion on two related questions concerning the Department of Social Services’ (the Department or DSS) administration of the federal Low Income House Energy Assistance Program (LIHEAP) in Connecticut, by and through Community Action Agencies
 
9/21/2007Dennis F. Kerrigan, Jr. Chairman, State Marshal Commission, Formal Opinion 2007-019, Attorney General State of Connecticut
  As Chairman of the State Marshal Commission, you have requested a formal opinion of the Attorney General as to whether state marshals are prohibited from participating in a business entitled Connecticut Service Network, LLC
 
9/20/2007Honorable Robert Farr, Chairman, Board of Pardons and Paroles, Formal Opinion 2007-018, Attorney General State of Connecticut
  This letter responds to your request for a formal opinion on “whether or not the Board of Pardons has the authority to commute a non-parole eligible offense, as defined by CGS § 54-125a(b)(1), to make it a parole eligible offense.”
 
9/5/2007Daniel F. Caruso, Chairman, Citing Council, Formal Opinion 2007-017, Attorney General State of Connecticut
  Your agency has asked for an opinion on whether the Connecticut Siting Council (“Council”) has jurisdiction over the siting of municipal towers pursuant to Conn. Gen. Stat. § 16-50i (a)(6)
 
9/5/2007Honorable Susan Bysiewicz, Secretary of the State, Formal Opinion 2007-016, Attorney General State of Connecticut
  You have asked this Office for an opinion concerning the use of the City of New Haven’s “Elm City Resident Cards" during the electoral process. Specifically, you have asked us to opine whether your Office has the legal authority to issue the following directives with respect to the use of such cards by individuals seeking to vote or register to vote in Connecticut
 
9/4/2007Carolyn Signorelli, Chief Child Protection Attorney, Formal Opinion 2007-015, Attorney General State of Connecticut
  This letter is in response to your request for a formal legal opinion as to whether attorneys who serve dually as attorneys and guardians ad litem (“GALs”) in certain Juvenile Matters are entitled to “state employee immunity and liability defense” by the Attorney General
 
8/31/2007Honorable Pam Law, Commissioner of Revenue Services, Formal Opinion 2007-014, Attorney General State of Connecticut
  This opinion is in response to your request for advice on whether § 33 of Public Act 07-253 (Public Act), which imposes a tax on gross earnings from the provision of community antenna television service, video programming service by satellite, and certified video programming service in the State
 
7/27/2007Jeanne Milstein, Child Advocate, Formal Opinion 2007-013, State of Connecticut Attorney General
  This letter responds to your request for a formal opinion as to whether the Office of the Child Advocate (OCA) is authorized, under Conn. Gen. Stat. § 46a-13m, to obtain records in the possession of the Department of Mental Health and Addiction Services
 
7/25/2007Honorable Nancy Wyman, Comptroller, State of Connecticut, Formal Opinion 2007-012, Attorney General, State of Connecticut
  This letter is in response to your request for a formal legal opinion as to whether, pursuant to Conn. Gen. Stat. § 5-259, municipalities may purchase risk-pooled, self-funded health insurance through the Municipal Employees Health Insurance Plan
 
6/21/2007The Honorable M. Jodi Rell, Governor, Formal Opinion 2007-011, Attorney General State of Connecitcut
  You have asked me several questions regarding the funding the University of Connecticut (“UConn”) may use to repair code violations discovered in buildings constructed or renovated under the University of Connecticut 2000 Act
 
6/6/2007Daniel F. Caruso, Chairman, Formal Opinion 2007-010, Attorney General State of Connecticut
  You have asked me to provide “an opinion as to what the rights and responsibilities are of the utility companies relative to their use of existing easements” in connection with the Middletown – Norwalk 345 kV electric transmission line and associated facilities approved by the Council in Docket No. 272.
 
6/1/2007Honorable Susan B. Bysiewicz, Secretary of the State, Formal Opinion 2007-009, Attorney General State of Connecticut
  You have asked for a formal opinion as to whether Connecticut's "Voter's Bill of Rights" requires municipalities to provide a voting system accessible to the physically disabled in each polling place in non-federal elections, including elections held this year.
 
6/1/2007Honorable Jeanne Milstein, Child Advocate, Formal Opinion 2007-008, Attorney General State of Connecticut
  This letter responds to your request for a formal opinion on whether the Department of Children and Families (DCF) is prohibited by the federal Public Health Service Act, 42 U.S.C. § 290dd-2 (the Federal Act) from disclosing to the Office of the Child Advocate (OCA) certain substance abuse treatment records that you requested pursuant to your authority under Conn. Gen. Stat. § 46a-13m.
 
5/21/2007Honorable John Danaher, Commissioner of Public Safety, Formal Opinion 2007-007, Attorney General State of Connecticut
  Your Department has asked for our opinion whether the state's Enhanced 9-1-1 database may be used by the state and its municipalities as part of a system to place or deliver telephone calls notifying residents of an emergency
 
4/16/2007Honorable Louis C. DeLuca, Senate Minority Leader, Honorable Andrew Roraback, State Senator, 30th District, Formal Opinion 2007-006, Attorney General State of Connecticut
  You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.
 
4/3/2007Honorable Michael A. Christ, Deputy Majority Leader, Formal Opinion 2007-005, Attorney General State of Connecticut
  You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.
 
3/30/2007Honorable Jeanne Milstein, Child Advocate, Formal Opinion 2007-004, Attorney General State of Connecticut
  This letter responds to your request for a formal legal opinion concerning the Office of the Child Advocate’s (“Child Advocate”) right to obtain records from entities covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
 
3/15/2007Honorable Valerie Lewis, Formal Opinion 2007-003, Attorney General State of Connecticut
  Asked this office whether the Board of Governors of Higher Education and the Department of Higher Education's have the statutory authority to require the constituent units of the state system of higher education to provide the Board and DHE with personally identifiable confidential student and student family information, including social security numbers.
 
2/2/2007Honorable Dennis Kerrigan, Chairman, Formal Opinion 2007-002, Attorney General State of Connecticut
  In your letter dated August 15, 2006 you have asked this office to render a formal opinion concerning the service of capias mittimus by state marshals. Your letter raises the following questions
 
2/1/2007Honorable Robert L. Genuario, Secretary, Formal Opinion 2007-001, Attorney General State of Connecticut
  This letter responds to your request dated January 23, 2007, for an opinion as to whether the City of Hartford’s proposed construction of the Pathways Interdistrict Magnet School (“School”) on property that was transferred from the State to the City qualifies as “economic development” within the meaning of deed restrictions on that property.