The Office of the Attorney General William Tong
2005 Formal Opinions
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This will acknowledge and reply to your request on behalf of the State Apprenticeship Council (SAC) for a formal opinion concerning the propriety of the issuance of apprenticeship registrations by an agency other than the Department of Labor (DOL), in particular the State Apprenticeship Council (SAC) or the Department of Consumer Protection (DCP).
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You have requested our advice on whether you have the authority to place offenders serving sentences of two years or less into halfway houses pursuant to Conn. Gen. Stat. § 18-100c prior to completion of one-half of their sentences. You also seek our advice on whether you are prevented, by statute, from transferring offenders serving sentences greater than two years to a halfway house prior to completion of one-half of the sentence imposed.
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You have asked for a formal opinion on whether you have the authority to continue a long standing practice of allowing "local law enforcement agencies and certain state agencies to use Department of Correction (DOC) firing ranges in order to maintain appropriate certifications for their officers." These ranges are located on the grounds of the Cheshire and Enfield Correctional Institutions." In the past, these agreements were informal, but you indicate that you believe formal written agreements are necessary if the practice is to continue.
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In your letter dated June 7, 2005, you have asked for advice concerning the length of time for which accessory apartments must be deed-restricted for affordable housing to allow such apartments to be considered in determining whether a town has sufficient existing affordable housing to qualify for a temporary moratorium pursuant to Conn. Gen. Stat. § 8-30g(l). According to your letter, the Town of Trumbull has submitted an application for a moratorium which includes 106 ten year deed restricted accessory apartments.
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You have requested our advice regarding the scope of the State Building Inspector's authority over local building officials.
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This is to respond to your request for advice of December 15, 2004 which asks if a participating board of education may charge an administrative fee in addition to the insurance premium charged for coverage selected by a retired teacher. This retiree receives a pension from the State Teachers' Retirement System, but is also covered by health insurance through the retiree's last employing board of education.
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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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You have requested a formal opinion whether the Department of Revenue Services (DRS) is required to release certain tax documents and information to the Legislative Program Review and Investigations Committee (Committee) in connection with the Committee’s study of Connecticut’s tax system. In addition, you ask, if we conclude that DRS is required to provide the Committee such documents and information, may the Committee permit access to an outside consultant with which the Committee may contract to conduct a compilation and analysis of the tax data.