1990 Formal Opinions
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Senator Reginald J. Smith, State Capitol, 1990-018 Formal Opinion, Attorney General of Connecticut
You have requested our opinion as to whether the procedure followed for the election of faculty and student representatives to the foundation board at Western Connecticut State University (WCSU) was consistent with state statutes.
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This is in response to your request for an opinion from this office regarding the constitutionality of provisions of the proposed interstate banking bill which would set interest rate caps on credit cards as a condition of entry by out-of-state bank holding companies, out-of-state savings and loan holding companies, out-of-state banks, out-of-state savings banks, and out-of-state savings and loan associations.
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This is in reply to your letter asking whether the awarding of the Mid-Connecticut Project contract by the Connecticut Resources Recovery Authority (CRRA) to Combustion Engineering, Inc., complied with statutory requirements.
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In your letter of July 11, 1990 to Dale M. Dreyfus, Associate Vice President for Finance and Business Affairs at the University Connecticut, you asked for an interpretation from this office of the authority granted to the University of Connecticut by 1990 Conn. Pub. Acts No. 90-201, e 6. You also inquired about its effect on the current state travel contract (Travel Services Agreement).
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In your letter of December 20, l989 you requested our opinion on the validity of actions taken at a meeting of the Permanent Commission on the Status of Women [hereinafter Commission] which was held in a location other than that specified in the notice of regular meeting distributed by the Commission Chairperson.
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This is in response to your request for opinion dated January 10, 1990, regarding whether vacant parcels qualify for inclusion under the Private College and General Hospital Grant Program, Conn. Gen. Stat. e 12-20a, which provides municipalities with a grant in lieu of property taxes for certain educational and medical facilities located in such municipalities which provide regional and statewide benefits.
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You have asked for our opinion whether the provisions of 1987 Conn. Pub. Acts No. 87-554, Sec. 10.(c), now Conn. Gen. Stat. e 54-211(c), should be applied retroactively to a claim which arose prior to the effective date of the act.
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This is in response to your recent request for an opinion on the self-defense rights of liquor control agents. Specifically, you ask whether self-defense rights are greater if exercised in the "workplace", and you ask us for a definition of the workplace for agents.
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Your recent inquiry focuses upon the provisions of P.A. 89-390, e 24(b), which, in essence, create certain zones of protection around the Tele-Track facilities located in New Haven and Windsor Locks.
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John R. Shears, Teachers' Retirement Board, 1990-037 Formal Opinion, Attorney General of Connecticut
This is in response to your request for advice dated September 13, 1990, in which you request the opinion of this office as to the meaning of the phrase "last employing board of education" as it is used in Conn. Gen. Stat. e 10-183t as amended by 1989 Conn. Pub. Acts No. 89-342 (hereinafter P.A. 89-342). In addition, you request our opinion on whether the Teachers' Retirement Board may make subsidy payments for health insurance pursuant to Sec. 4(c) of P.A. 89-342 to a board of education other than the "last employing board of education."
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You have requested our advice on a question concerning the use of real property in Granby which was received by the University of Connecticut (hereinafter: "the University") in l976 as a gift from Laura and Tudor Holcomb. Specifically, you ask whether use of the property as recommended by a consultant would be consistent with the terms of the deed to the University from the grantors.
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In your letter of July 12, 1989, you requested our opinion regarding the meaning of certain provisions of Conn. Gen. Stat. e 14-253a, which mandates that parking spaces be established and reserved for handicapped persons.
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In your letter of August 9, 1990, you call our attention to the provisions of P.A. 90-261, Sec. 5 and ask our advice with regard to the following two questions: 1. Does Section 5 of the Act apply retroactively, i.e., are all persons incarcerated "as of" October 1, 1990 who meet all other specified criteria, eligible to be considered for parole under the Act. 2. Does the Act permit the Board to consider for parole persons who are already serving their sentences in either Community Release or Community Residence (SHR) programs.
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In your letter of June 19, 1990, you refer us to 1990 Conn Pub. Acts, 90-120 e2 and seek our interpretation of the meaning of the phrase "police officers who have managerial duties."
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This is in reply to your letter of March 13, 1990. You ask whether the following provision included in Conn. Gen. Stat. e 19a-460(a) (Rev. to 1989), amended by P.A. 89-325, e 21, is an unconstitutional infringement upon the executive branch: The department of mental retardation shall be under the supervision of a commissioner of mental retardation, who shall be appointed by the governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, on recommendation of the council on mental retardation. The question is directed to the last phrase of this sentence, "on recommendation of the council on mental retardation."