The Office of the Attorney General William Tong
2002 Formal Opinions
Page 1 of 3
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You requested an opinion from this office regarding a complaint that was made under the whistleblower statute, Conn. Gen. Stat. § 4-61dd. The Division of Special Revenue ("the Division") received a copy of a letter that was filed with the Auditors of Public Accounts under Conn. Gen. Stat. § 4-61dd. The Division has initiated its own internal investigation into the allegations set forth in the letter. One of the Division's employees, who believes that she has been accused of possible wrongdoing in the letter, has requested a copy of "any documents, notes, or materials, which are the basis for [the Division's] investigation."
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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 expedited opinion on whether the Connecticut Lottery Corporation (CLC) may legally sell lottery tickets at a booth within the Connecticut building at this year's Eastern States Exposition in West Springfield, Massachusetts, from September 13-29, 2002.
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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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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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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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Honorable John G. Rowland, State Capitol, 2002-014 Formal Opinion, Attorney General of Connecticut
I write to supplement my opinion dated April 17, 2002, regarding the constitutionality of House Bill No. 5346, and to notify you of a United States Supreme Court decision providing powerful and decisive support for my conclusion that the measure is constitutional.
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This letter is in response to your request, on behalf of the Waterbury Financial Planning and Assistance Board ("WFPAB"), for a formal legal opinion on three questions concerning the appointment of a 2002 Charter Revision Commission for the City of Waterbury.
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John G. Rowland, State Capitol, 2002-012 Formal Opinion, Attorney General of Connecticut
You have asked for my opinion regarding the constitutionality of House Bill No. 5346, which would impose a one year moratorium on the construction of any electric power line or gas pipeline across Long Island Sound.
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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.