2006 Formal Opinions

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• Honorable Louis C. DeLuca, Senate Republican Leader, and Honorable George Gunther, Deputy Minority Leader-At-Large, Formal Opinion 2006-006, Attorney General State of Connecticut

  You asked for a formal opinion concerning the Superior Court’s scope of review in an appeal of a municipal commission's decision on an affordable housing application under the Affordable Housing Land Use Appeals Procedure set forth in Conn. Gen. Stat. §8-30g.

• Honorable Linda J. Yelmini, Department of Administrative Services, Formal Opinion 2006-014, Attorney General State of Connecticut

  By request dated June 23, 2006, you have asked for my opinion as to whether Connecticut General Statutes § 4a-59a(b) allows the Department of Administrative Services (“DAS”) to extend contracts “up to or beyond one year

• Honorable John P. Burke, Department of Banking, Formal Opinion 2006-013, Attorney General State of Connecticut

  You have requested an opinion whether, under Conn. Gen. Stat. § 42-460(a), a Connecticut bank may sell or issue a gift card for which the agreement governing the card provides that the card’s value will not expire and that no inactivity fee is imposed, although the card itself contains an expiration date.

• Honorable James T. Fleming, Commissioner, Department of Public Works, Formal Opinion 2006-012, Attorney General State of Connecticut

  The Tunxis Management Co. (“Tunxis”) and William A. Tomasso, former president of Tunxis, recently pled guilty to federal charges related to the corrupt relationship between William A. Tomasso, and Peter N. Ellef and Lawrence E. Alibozek, chief of staff and deputy chief of staff to former Governor John G. Rowland, that resulted in the selection of Tunxis for state property management contracts.

• Honorable Edwin R. Rodriguez, Formal Opinion 2006-022, Attorney General, State of Connecticut

  This will acknowledge and reply to your request on behalf of the Department of Consumer Protection (DCP) for amplification of DCP’s authority over apprentices, as expressed in a formal opinion of my Office to the Commissioner of Labor dated November 8, 2005, in light of the provisions of Conn. Gen. Stat. § 20-333.

• Susan O. Storey, Chief Public Defender, Formal Opinion 2006-024, Attorney General State of Connecticut

  You have asked for a formal opinion whether the State of Connecticut satisfies the requirements of § 413 of the Justice for All Act of 2004 (the Act).

• The Honorable James F. Abromaitis, Department of Economic and Community Development, Formal Opinion 2006-008, Attorney General State of Connecticut

  You have requested our opinion with respect to an application by the Town of Trumbull for a temporary moratorium from the affordable housing land use appeals procedure under the provisions of Conn. Gen. Stat. § 8-30g(l).

• Honorable James T. Fleming, Commissioner, Department of Public Works, Formal Opinion 2006-010, Attorney General State of Connecticut

  You have requested an opinion as to whether, in light of the State Properties Review Board’s (the “SPRB”) March 27, 2006 ratification of the November 2, 2005 Purchase and Sale Agreement (the “Agreement”) between the State of Connecticut (the “State”) and the Town of Preston

• Honorable James M. Thomas, Deptarment of Emergency Management and Homeland Security, Formal Opinion 2006-016, Attorney General State of Connecticut

  You have requested our advice on whether volunteers under the Community Emergency Response Team (CERT) are protected under Title 28 of the Connecticut General Statutes during the course of their training for, and participation in, civil preparedness activities.

• Honorable J. Robert Galvin, M.D., MPH, 2006-025 Formal Opinion, Attorney General State of Connecticut

  This is in response to your request for a formal opinion regarding Public Act No. 05-149: An Act Permitting Stem Cell Research and Banning the Cloning of Human Beings.

• Kevin J. Rasch, Esq., Legal Counsel, Formal Opinion 2006-005, Attorney General State of Connecticut

  You have requested an opinion concerning a proposed resolution by the City of New London (“City”) to deal with the issue of the continuing possession of certain properties by their former owners after the properties were taken by eminent domain.

• Honorable William J. Lavery, Chief Court Administrator, Formal Opinion 2006-023, Attorney General State of Connecticut

  You ask whether the United States Marshals Service (“the Marshals Service”) may access the Judicial Branch’s Paperless Rearrest Warrant Notification (“PRAWN”) database, which contains records of all rearrest warrants issued by the Superior Court.

• Raymond M. Hassett, Esq., Chair, Judicial Review Council, Formal Opinion 2006-020, Attorney General State of Connecticut

  You have asked my opinion regarding the Judicial Review Council’s obligation to permit public access to records of investigations of complaints of judicial misconduct.

• Honorable Donald E. Williams, Jr., Senate President Pro Tempore, Honorable Martin M. Looney, Senate Majority Leader, Formal Opinion 2006-009, Attorney General State of Connecticut

  You have asked this Office whether Section 32-664(b) of the Connecticut General Statutes preempts the City of Hartford’s Living Wage Ordinance, Ord. No. 17-99, Art. XII, Sec. 2-761-744, as that ordinance may apply to the operations of the Marriott Hartford Downtown Hotel (the “Hotel”).

• Robert L. Genuario, Secretary, Office of Policy and Management, Formal Opinion 2006-017, Attorney General State of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether $2.8 million designated for non-emergency medical transportation and vision benefits under the State-Administered General Assistance program (“SAGA”) in the recently approved state budget may be spent without further legislative action