The Office of the Attorney General William Tong
2002 Formal Opinions
Page 1 of 3
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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.
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Honorable 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.
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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.
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The Honorable John G. Rowland, The Capitol, 2002-018 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.
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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").
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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.
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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").
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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.
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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.
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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).
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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.
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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.
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Joseph 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.
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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).
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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.