The Office of the Attorney General William Tong
Formal Opinions
Page 16 of 42
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In your letter of June 19, 1990, you refer us to 1990 Conn Pub. Acts, 90-120 e2 and seek our interpretation of the meaning of the phrase "police officers who have managerial duties."
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This is in reply to your letter of March 13, 1990. You ask whether the following provision included in Conn. Gen. Stat. e 19a-460(a) (Rev. to 1989), amended by P.A. 89-325, e 21, is an unconstitutional infringement upon the executive branch: The department of mental retardation shall be under the supervision of a commissioner of mental retardation, who shall be appointed by the governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, on recommendation of the council on mental retardation. The question is directed to the last phrase of this sentence, "on recommendation of the council on mental retardation."
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This is in response to your request for an opinion on the question of whether a police commissioner1 can be licensed to hold a liquor permit as a permittee or backer under Conn. Gen. Stat. e 30-45.
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This is in response to your request for opinion dated January 10, 1990, regarding whether vacant parcels qualify for inclusion under the Private College and General Hospital Grant Program, Conn. Gen. Stat. e 12-20a, which provides municipalities with a grant in lieu of property taxes for certain educational and medical facilities located in such municipalities which provide regional and statewide benefits.
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This is in response to your request for advice dated November 16, 1989 in which you ask "whether the unclassified employees of a board of trustees of any constituent unit of the state system of higher education who are members of ARP are actually subject to the dictates of this arbitration award, [on state employees retirement benefits] specifically Issue 17 ... which mandated that the members of the Alternate Retirement Program (ARP) be provided with Social Security coverage effective July 1, 1989."
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Senator Reginald J. Smith, State Capitol, 1990-018 Formal Opinion, Attorney General of Connecticut
You have requested our opinion as to whether the procedure followed for the election of faculty and student representatives to the foundation board at Western Connecticut State University (WCSU) was consistent with state statutes.
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This is in response to your request for an opinion from this office regarding the constitutionality of provisions of the proposed interstate banking bill which would set interest rate caps on credit cards as a condition of entry by out-of-state bank holding companies, out-of-state savings and loan holding companies, out-of-state banks, out-of-state savings banks, and out-of-state savings and loan associations.
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You have asked what liability, if any, a state agency would have "with respect to any incidents arising at, during or after" an off-site holiday party attended by agency employees during working hours.
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You recently sought our advice as to whether you may discontinue the practice of providing on request lists of outstanding state checks to asset finder organizations ("AFO").
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This is in response to a request for advice from the Commission on Human Rights and Opportunities (hereinafter CHRO) which asked this office to consider the following questions: 1. Is the Criminal Justice Commission required to comply with Conn. Gen. Stat. § 46a-68(a) which requires state agencies to file affirmative action plans with the CHRO? 2. Is the Criminal Justice Commission required to cooperate with the Division of Criminal Justice by providing information and support necessary to allow the Division of Criminal Justice to meet its responsibilities to file and implement an affirmative action plan pursuant to Conn. Gen. Stat. § 46a-68?
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You have asked this office for our opinion as to the exact conditions under which the Waterbury Budget Advisory Council ceases to exist and whether Waterbury's positive fund balances for Fiscal Years 97, 98, and 99 trigger the sunset provisions. An interpretation of the method of dissolution (i.e., a vote of the WBAC members on dissolution) would also be welcomed.
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This is in response to your request for a formal opinion of the Attorney General regarding the ability of the Department of Public Health ("Department") to access information contained in the personnel files of employees of institutions licensed by the Department. The Department's inspectors have recently been refused access to institutional employee personnel files when conducting inspections at a hospital. The hospital asserted that unless the Department issued an "administrative summons", the records could not be released unless consent of the employee was obtained. You also asked whether such information would be subject to release by the Department pursuant to a Freedom of Information request.
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John P. Burke, Department of Banking, 2000-006 Formal Opinion, Attorney General of Connecticut
You have asked for our opinion as to whether Section 36a-158(a) of the Connecticut General Statutes violates the Commerce Clause of the Unites States Constitution or the Equal Protection Clauses of the state and federal constitutions as to an out-of-state state-chartered bank that wishes to establish an automated teller machine ("ATM") in this state.
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Honorable Nancy Wyman, State Comptroller, 2000-008 Formal Opinion, Attorney General of Connecticut
You have asked this Office for an opinion regarding the administration of health insurance benefits for retired state employees receiving workers' compensation payments. In your request, you mention a 1984 Attorney General's opinion [Op. Atty. Gen. No. 84-93, July 24, 1984] that advised the Comptroller that retired state employees receiving workers' compensation payments "must have health insurance maintained at the level provided for active state employees." You also cite a Comptroller policy dated September 16, 1985, which is based on the Attorney General's opinion.
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You have asked our opinion on whether a firefighter injured in the line of duty on April 5, 1997 is eligible for benefits from the Connecticut State Firefighters Association under the provisions of Conn. Gen. Stat. § 3-123, as amended by Public Act 98-263.