Formal Opinions

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• 2018-04 Formal Opinion, Attorney General State of Connecticut

  Denise L. Nappier, State Treasurer, asked for a formal opinion concerning the impact of recent legislative amendments on the state’s bond cap and bond covenants.

• 2018-03 Formal Opinion Attorney General State of Connecticut

  You have asked my opinion regarding the ability of the Auditors of Public Accounts (APA or Auditors) to review and copy a report of a private contractor to the Department of Corrections (DOC) regarding the medical care of certain DOC inmates, even though the document is privileged under the attorney-client and attorney work product privileges.

• 2018-02 Formal Opinion Attorney General, State of Connecticut

  Honorable Leonard A. Fasano asked for a formal opinion on whether House Bill 5473, An Act Concerning Captive Audience Meetings (HB 5473), is preempted by federal law.

• 2020-02 Formal Opinion Attorney General State of Connecticut

  What is the scope of the Judicial Review Council’s authority when considering a judge’s disability retirement application pursuant to Conn. Gen. Stat. Sec. 51-49?

• 2017-03 Formal Opinion, Attorney General, State of Connecticut

  Honorable Senator Bob Duff has asked whether certain potential changes to Connecticut's Education Cost Sharing ("ECS") formula would violate our state constitution. Specifically, you ask whether our constitution requires that the ECS formula measure a town's ability to raise property tax revenue "using a ratio of ninety percent property wealth and ten percent income wealth."

• 2017-04 Formal Opinion, Attorney General, State of Connecticut

  Commissioner Robert Klee asked my office for an opinion identifying the owner of a structure commonly known as the Stonington Harbor Breakwater, which is located in the Stonington Harbor adjacent to Stonington, CT (the "Breakwater").

• 2017-05 Formal Opinion, Attorney General, State of Connecticut

  Formal opinion on whether, for purposes of administering the provisions of Conn. Gen. Stat. § 29-28(b), a resident of the Mashantucket Pequot Tribal Nation (MPTN) reservation is a bona fide permanent resident of the Town of Ledyard such that local authorities are empowered to issue a temporary state permit to such individuals, and based thereon, the Commissioner of the Department of Emergency Services and Public Protection (Commissioner) is authorized to issue a state permit to carry pistols and revolvers.

• 2017-06 Formal Opinion, Attorney General, State of Connecticut

  Speaker Aresimowicz and Majority Leader Ritter have requested an opinion about whether the legal principles and cautions set forth in Attorney General Opinion No. 89-11 , 1989 WL 505894 (May 9, 1989) ("Opinion 89-11 ") concerning the constitutionality of legislative enactments altering the provisions of collective bargaining agreements between the State and its employees remain in force today. Although subsequent cases have further developed the law, we conclude that the principles and cautions expressed in Opinion 89-11 continue to apply.

• 2017-07 Formal Opinion, Attorney General, State of Connecticut

  An opinion about certain legal questions pertaining to a proposed police training facility in the Town of Griswold. Specifically, you ask (1) whether the requirements under Chapter 297a of the General Statutes relating to priority funding areas apply to the proposed training facility; (2) whether the Department of Administrative Services (DAS) has satisfied the requirement of Conn. Gen. Stat. § 16a-35e that state agencies cooperate with municipalities to ensure programs and activities in rural areas sustain village character; and (3) whether the proposed training facility requires the approval of the State Properties Review Board as part of the State Facility Plan.

• 2017-08 Formal Opinion, Attorney General, State of Connecticut

  An opinion on questions about the Governor's authority to direct the expenditure of funds by executive order in the absence of legislatively enacted appropriations.

• 2017-09 Formal Opinion, Attorney General, State of Connecticut

  Formal opinion concerning two matters identified in the State of Connecticut Auditors' Report, Military Department, for the Fiscal Years Ended June 30, 2012 and 2013 ("Auditors' Report"). First, you have asked whether the requirements under Connecticut General Statutes § 4-37e et seq. pertaining to foundations established for the principal purpose of supporting or improving state agencies or for coordinated emergency recovery purposes apply to the Connecticut National Guard Foundation, Inc. (CNGFI). Second, you have asked whether the authority of the Governor of the State of Connecticut pursuant to the provisions of Connecticut General Statutes §§ 27-9 and 27-10, as delegated to and administered by the Connecticut Miiitary Depmtment (CTMD), is restricted to ordering members of the Connecticut State Guard to active service under the "State Active Duty" (SAD) program only for "emergency situations" as suggested by the Auditors' Report.

• The Honorable James T. Fleming Commissioner, 2005-018 Formal Opinion, Attorney General of Connecticut

  You have asked several questions about the propriety of a possible transaction between the Department of Public Works ("DPW") and the Eastern Connecticut State University Foundation, Inc. ("Foundation") whereby the DPW would agree via a lease/purchase agreement to purchase the "Foster building" in Willimantic, Connecticut, which was donated by the Foster family to the Foundation on or about December 15, 2000.

• 2016-01 Formal Opinion, Attorney General, State of Connecticut

  about the responsibility of local school districts to provide and pay for residential services when such residential services are necessary for a developmentally delayed, school aged student to receive an appropriate education if the student is receiving services from the Connecticut Department of Developmental Services ("DDS")

• 2016-02 Formal Opinion, Attorney General, State of Connecticut

  Records associated with a conviction for which a conditional pardon has been granted are not subject to erasure under state law.

• 2016-03 Formal Opinion, Attorney General, State of Connecticut

  What is the impact legislation authorizing daily fantasy sports contests may have on the State's current revenue-sharing arrangements with the Mashantucket Pequot Tribal Nation ("MPTN") and the Mohegan Tribe of Indians of Connecticut (the "Mohegan Tribe," together with MPTN, the "Tribes"). Although there is a high degree of uncertainty, there is a substantial risk that the passage of such legislation could jeopardize the State's revenue-sharing arrangements with the Tribes.