1991 Formal Opinions
Page 1 of 3
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By letter dated February 20, 1990, your predecessor in office, Commissioner Papandrea, requested our opinion on whether the Department of Housing (DOH) is a public housing agency within the purview of the United States Housing Act of 1937.1 The request was prompted by letters from William H. Hernandez, Jr., Manager of the Hartford Office of the United States Department of Housing and Urban Development ("HUD").
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This is in response to your request for an opinion concerning the terms of office of Commissioners of the Department of Liquor Control. Specifically, you seek an opinion on the applicability of Conn. Gen. Stat. § 30-2, which states that Commissioners are to be appointed to staggered, six-year terms.
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In 1961, the Attorney General's Office issued an opinion to the State Employees' Retirement Commission concerning the interaction between 1961 Conn. Pub. Acts No. 295 and federal Social Security reporting requirements. The opinion concluded that the State must report, for FICA (Federal Insurance Contributions Act) purposes, all fees and salaries, from all sources, paid to sheriffs and chief deputy sheriffs. Former State Comptroller J. Edward Caldwell requested us, by letter dated December 18, 1990, to re-evaluate our 1961 opinion in light of current Social Security laws
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You have requested our advice on the applicability of 1990 Public Acts No. 90-304, now codified in Conn. Gen. Stat. §52-570d, to the Department of Correction. You specifically ask whether an official of the Department of Correction is a criminal law enforcement official for purposes of the exception contained in subsection (b)(1) of Conn. Gen. Stat. §52-570d.
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We are in receipt of a letter dated June 6, 1990 from your department, wherein you request our opinion on an issue concerning Conn. Gen. Stat. §54-132 et. seq., the Interstate Compact for Parole and Probation Supervision. Specifically you question "whether or not it is necessary to obtain a warrant from a Connecticut court, in addition to that of the sending state, in order to take custody of and confine an out-of-state probationer in a Connecticut correctional facility until he/she can be returned to the sending state."
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In your letter dated December 5, 1990, you expressed concern over the extent of the financial responsibility to which the State is potentially exposed pursuant to Conn. Gen. Stat. § 28-14.
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You have requested an opinion of the Attorney General regarding an inquiry from Wesleyan University Office of Public Safety.
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In a letter dated January 15, 1991, your predecessor requested the opinion of this office regarding two questions concerning the implementation of 1990 Conn. Pub. Acts. No., 90-226 (codified at Conn. Gen. Stat. § 31-396 et seq.).
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As Chairman of the Bridgeport Financial Review Board ("the Board"), you requested my opinion on the legal authority of the City of Bridgeport to file for relief under Chapter 9 of the Bankruptcy code without the approval of the Board.
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Former Commissioner Heslin requested an opinion from this office on "whether any consumer commodity which is not individually marked with its current selling price is in violation of Conn. Gen. Stat. § 21a-79 and § 21a-79-a of the Regulations of Connecticut State Agencies."
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In your letter dated June 25, 1990, you requested our opinion on the following questions regarding the meaning of subsection (g) of Section 7-147b of the Connecticut General Statutes: If the possible creation of a local historic district is being considered by a municipality under Conn. Gen. Stat. §7-147a and 7-147b, and if a municipality owns real property within the proposed local historic district, is the municipality's legislative body entitled to vote, under Conn. Gen. Stat. §7-147b(g), on the proposed establishment of the district? Under the circumstances described in (1) above, would community members, either those in the municipality as a whole or only those within the proposed historic district, be entitled to cast a vote as collective owners of the municipal property in a vote taken under Conn. Gen. Stat. §7-147b(g)?
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The issue in this request for opinion is whether the census data, received by the state on January 24, 1991, constitutes "the most recently completed decennial census" within the meaning of Conn. Gen.. Stat. §30-14a.
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This is in response to your letter of July 22, 1991, in which you seek our opinion on whether the Department of Transportation ("DOT") has the authority to cancel the unexpended balance of purchase orders that the DOT has issued to Hartford Paving Inc. ("Hartford Paving") for bridge painting services under Contract Award No. 89--A-13-1054-C. You further ask whether the DOT can avoid contracting with Hartford Paving on future painting projects and instead use other companies listed in the contract award.
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We are writing in response to your letter of February 19, 1991 in which you request our advice concerning whether certain physicians and psychologists, who serve as "medical consultants" and "psychological/psychiatric consultants'' to the Division of Rehabilitation Services and who are hired pursuant to personal services agreements, are immune from personal liability pursuant to Connecticut General Statutes § 4-165.
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You have each asked independently for our opinion on a series of questions regarding the transmission of budgetary and financial information from the Office of Policy and Management (hereinafter referred to as "OPM") to the office of the Comptroller under Conn. Gen. Stat. §§ 3-112 and 3-115.