The Office of Attorney General William Tong
2005 Formal Opinions
Page 1 of 3
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You have asked several questions about the propriety of a possible transaction between the Department of Public Works ("DPW") and the Eastern Connecticut State University Foundation, Inc. ("Foundation") whereby the DPW would agree via a lease/purchase agreement to purchase the "Foster building" in Willimantic, Connecticut, which was donated by the Foster family to the Foundation on or about December 15, 2000.
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This letter responds to your request for a formal opinion on two questions that have arisen in connection with Substitute Senate Bill No. 963, "An Act Concerning Civil Unions" (File No. 24), passed by the Senate on April 6, 2005, and soon to be considered by the House of Representatives.
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This is in response to your request for an Attorney General's Opinion on whether the disclosure by the Department of Social Services ("DSS") to the Offices of the Connecticut Attorney General and the Connecticut Child Advocate of information concerning Medicaid medical assistance recipients, to be used in an investigation into the liability of insurance companies for the cost of services paid for by Medicaid, is provided for purposes directly connected with the administration of the Medicaid program, and is fully permitted by federal law.
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In your letter of November 1, 2004, you have asked our opinion whether Teikyo Post University should continue to be considered eligible to participate in the Connecticut Independent College Student Grant Program given that on or about October 22, 2004 the University was sold to a group of private investors who will, contrary to prior practice, operate the University as a "for profit" entity.
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You have requested our advice on whether the Department of Correction should continue to follow its procedure of initiating speedy trial paperwork for an arrest warrant that has not been served. You advised us that the Court Operations Division of the Judicial Branch sent you a memorandum in which they indicate that the right to a speedy trial does not apply to an arrest warrant that has not been served
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You have each separately requested the opinion of the Attorney General concerning the eligibility of Connecticut state employees to receive retirement credit under Connecticut General Statutes §§ 5-192i(j) and 5-192j(d)1 for periods of full-time National Guard service in the armed forces of the United States. Such service may occur both while an individual is employed by the State of Connecticut, during periods of extended military leave, and, if the service occurred in time of war as defined by Connecticut General Statutes § 27-103, or qualifies as national emergency service, as defined by law, during periods of time which may have preceded an individual's state employment.
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You have asked whether the Board of Education and Services for the Blind ("BESB") has the authority under Conn. Gen. Stat. § 10-303 to seek to provide all the food services that Central Connecticut State University ("CCSU") determines are desirable at the University if BESB decides it wants to pursue that location for the placement of blind vendor operated food service facilities.
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Your department has requested a formal opinion concerning the following questions: “What impact, if any, does the placement of a lis pendens against property (real estate) have upon the bond limit set for a properly licensed and authorized bondsman, when the property in question has been designated as an asset by the bondsman in the calculation of their authorized bond limit?”
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Commissioner Shaun B. Cashman, 2005-027, Formal Opinion, Attorney General of Connecticut
Your department has asked for advice on the payment of wages to service workers employed by contractors of the state or vendors supplying services to state contractors. You ask if the standard wage rate provisions of Conn. Gen. Stat. §31-57f apply to contracts between the state and management companies and between management companies and their vendors under various scenarios.
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This letter is in response to your request for a formal legal opinion concerning the authority of the Judicial Review Council (the "Council") to initiate investigations into judicial conduct. Specifically, you question whether the Council "may proceed to independently initiate an investigation based on information discovered by the Council." Such information might "include an anonymous complaint or other information which becomes known to the Council, other than through a notarized complaint." If the Council may initiate an investigation based on such information, you question what the applicable procedures are.
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This is in response to your request for an opinion on whether it would be lawful, under Conn. Gen. Stat. § 30-77(b), for students at Connecticut College to form a brewing club for the purpose of making beer on the college campus in New London, Connecticut, without a liquor permit required by the Liquor Control Act. Consumption would be restricted to persons over the age of twenty-one.
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As Chairman of the State Marshal Commission you have requested a formal Opinion of the Attorney General as to the following two questions: 1. Are the two ex officio, nonvoting members of the State Marshal Advisory Board, appointed pursuant to Conn. Gen. Stat. § 6-38b(a), entitled to attend executive sessions of the State Marshal Commission’s meetings? 2. If the answer to the first question is in the affirmative, are they entitled to attend all executive sessions, or are there executive sessions they are not entitled to attend? Specifically, are ex officio members entitled to attend executive sessions regarding personnel and disciplinary matters?
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Honorable J. Robert Galvin, 2005-024 Formal Opinion, Attorney General of Connecticut
This letter is in response to a request from Elizabeth Frugale, Registrar of Vital Records, for a legal opinion as to whether Connecticut courts will recognize out-of-state civil unions, same-sex marriages and same-sex domestic partnerships after Connecticut's Act Concerning Civil Unions, 2005 Conn. Pub. Act No. 05-10 (the "Act" or "P.A. 05-10"), takes effect on October 1, 2005. In particular, Ms. Frugale has asked whether, after October 1st, a couple that has entered into a civil union, same-sex marriage, or domestic partnership out-of-state may legally enter into a civil union in Connecticut with the same partner.1 Because this issue is of statewide interest and importance, we are addressing our response to you in the form of a formal legal opinion.
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Honorable J. Robert Galvin, M.D., M.P.H., 2005-022 Formal Opinion, Attorney General of Connecticut
Your department has requested advice on whether marriages performed on the Mashantucket Pequot Indian Reservation in Ledyard are valid under state law.
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Honorable J. Robert Galvin, M.D., M.P.H., 2005-023 Formal Opinion, Attorney General of Connecticut
Your department has requested our opinion as to the authority of a local health department to conduct warrantless inspections and its authority to issue "hold" orders on food items.