The Office of the Attorney General William Tong
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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 letter responds to the June 25, 2002 letter from Ann Stravalle-Schmidt, CRRA Director of Legal Services, seeking our opinion on several questions concerning the Separation Agreement between CRRA and former CRRA President Robert E. Wright that was approved by the previous CRRA Board of Directors. In particular, Stravalle-Schmidt asked: (1) whether the previous Board had the authority to enter into the agreement; (2) whether the language of ¶7 of the agreement — the provision concerning indemnification and reimbursement for legal expenses — was legally permissible; and (3) whether ¶7 of the agreement is enforceable against CRRA.
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You have requested our advice as to the required number of State Marshals in each county pursuant to the provisions of Conn. Gen. Stat. § 6-38. Specifically, you have requested a formal opinion of the Attorney General as to "whether the Commission has the discretion to determine whether to fill these vacancies or whether the Commission is required [to] fill all vacancies in every county up to the statutory maximum."
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This letter is in response to your request for a formal legal opinion as to whether Peter Ellef, the current chairman of the Connecticut Resources Recovery Authority ("CRRA""), is serving in that capacity without having received the necessary legislative approval.
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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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You have requested our opinion as to whether certain provisions of the retirement plan for state employees are preempted by federal law. In particular, you inquire as to the enforceability of state statutory and contractual provisions prohibiting those who qualify for military pensions from purchasing retirement credit for military service during war or national emergency.
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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 letter is in response to your request for a formal legal opinion as to whether attorneys who serve dually as attorneys and guardians ad litem (“GALs”) in certain Juvenile Matters are entitled to “state employee immunity and liability defense” by the Attorney General
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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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You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.
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You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.
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You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.
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I appreciated your September 25, 2007 letter raising additional questions about the Department's responsibilities under the federal Low Income House Energy Assistance Program (LIHEAP)
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In response to questions raised by the Auditors of Public Accounts related to a whistleblower complaint, you have asked my opinion on two related questions concerning the Department of Social Services’ (the Department or DSS) administration of the federal Low Income House Energy Assistance Program (LIHEAP) in Connecticut, by and through Community Action Agencies
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This letter is in response to your request for a formal legal opinion as to whether, pursuant to Conn. Gen. Stat. § 5-259, municipalities may purchase risk-pooled, self-funded health insurance through the Municipal Employees Health Insurance Plan