2007 Formal Opinions

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• Honorable Michael Starkowski, Commissioner Department of Social Services, Formal Opinion 2007-020, Attorney General State of Connecticut

  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

• Honorable Nancy Wyman, Comptroller, State of Connecticut, Formal Opinion 2007-012, Attorney General, State of Connecticut

  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

• Honorable Patricia H. Mayfield, Commissioner, Department of Labor, Formal Opinion 2007-027, Attorney General State of Connecticut

  You have asked for advice on whether inmates working within a correctional institution other than as part of an enterprise program combining State Use Industries with Private Sector Prison Industries may be considered employees of the Connecticut Department of Correction

• Honorable Jerry Farrell, Jr., Department of Consumer Protection, Formal Opinion 2007-025, Attorney General Attorney State of Connecticut

  In your August 28, 2007 memorandum, you sought this Office’s advice regarding the interpretation of Conn. Gen. Stat. § 20-417i(n) of the New Home Construction Contractors Act, and Conn. Gen. Stat. § 20-432(o) of the Home Improvement Act

• Honorable Louis C. DeLuca, Senate Minority Leader, Honorable Andrew Roraback, State Senator, 30th District, Formal Opinion 2007-006, Attorney General State of Connecticut

  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.

• Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-021, Attorney General State of Connecticut

  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)

• Honorable John Danaher, Commissioner of Public Safety, Formal Opinion 2007-007, Attorney General State of Connecticut

  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.

• Jeanne Milstein, Child Advocate, Formal Opinion 2007-013, State of Connecticut Attorney General

  This letter responds to your request for a formal opinion as to whether the Office of the Child Advocate (OCA) is authorized, under Conn. Gen. Stat. § 46a-13m, to obtain records in the possession of the Department of Mental Health and Addiction Services

• Martin R. Libbin, Deputy Director, Legal Services, Formal Opinion 2007-023, Attorney General State of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether the Judicial Branch has a legal duty to disclose to the public the master list of prospective jurors compiled pursuant to Conn. Gen. Stat. § 51-222a.

• Mr. Brian S. Sigman, Executive Director, Board of Education and Services for the Blind, Formal Opinion 2007-035, Attorney General State of Connecticut

  You have asked for my opinion on the authority of the Board of Education and Services for the Blind (BESB) to choose the brand name products to be sold in vending machines placed on public property by BESB pursuant to Conn. Gen. Stat. § 10-303

• Peter A. Clark, Executive Director, Judicial Review Council, Formal Opinion 2007-032, Attorney General State of Connecticut

  Thank you for your letter requesting my opinion on two questions: (1) whether the Judicial Review Council (“the Council”) has jurisdiction over misconduct committed by acting workers’ compensation commissioners appointed on a per diem basis pursuant to Conn. Gen. Stat. § 31-280(a)

• Christopher R. Adams, Chairman, State Board f Firearms Permit Examiners, Formal Opinion 2007-026, Attorney General State of Connecticut

  Recently, you requested an opinion regarding whether a conflict of interest exists for a member of the Board of Firearms Permit Examiners (hereinafter the Board) arising from his participation as the named plaintiff in a class action lawsuit against the Commissioner of the Department of Public Safety

• Daniel F. Caruso, Chairman, Formal Opinion 2007-010, Attorney General State of Connecticut

  You have asked me to provide “an opinion as to what the rights and responsibilities are of the utility companies relative to their use of existing easements” in connection with the Middletown – Norwalk 345 kV electric transmission line and associated facilities approved by the Council in Docket No. 272.

• Honorable Valerie Lewis, Formal Opinion 2007-003, Attorney General State of Connecticut

  Asked this office whether the Board of Governors of Higher Education and the Department of Higher Education's have the statutory authority to require the constituent units of the state system of higher education to provide the Board and DHE with personally identifiable confidential student and student family information, including social security numbers.

• Karen Senich, Executive Director, Connecticut Commission on Culture and Tourism, Formal Opinion 2007-031, Attorney General State of Connecticut

  You have requested our opinion on whether religious organizations are eligible to accept awards in the Arts Presentation Grant Program (Grant Program) of the Connecticut Commission on Culture and Tourism