Formal Opinions
Page 28 of 42
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This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.
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This is in response to your request for a reconsideration of a previous informal opinion, and request for a formal opinion, on whether you can give permission to Autotote Enterprises, Inc. (AEI) to install Color Tiny TIMs (CTTs) and Hand Held Personal Account Terminals (PATs) at the Mohegan Sun Race Book under the terms of the Mohegan Tribe – State of Connecticut Gaming Compact.
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A recent inquiry from the City of Waterbury has brought to our attention that some marshals are charging a fee of fifteen per cent of the amount of taxes collected for the service of alias tax warrants under Conn. Gen. Stat. § 52-261 as amended by Public Act No.03-224.
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This is in response to your request for an opinion on the lawfulness of a proposed entertainment program at liquor permit premises involving the playing of poker for prizes. The proposal comes in the wake of recent announcements outlawing the betting on poker tournaments due to criminal laws against gambling.
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This letter responds to your August 3, 2004 amended request for a formal opinion as to whether Dr. D. Ray Sirry, the Juan F. Court Monitor, would be entitled to indemnification from the State in connection with services he has agreed to provide to the State to assist it in implementing reforms at the Connecticut Juvenile Training School (CJTS).
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You have asked for an opinion interpreting Conn. Gen. Stat. § 17a-101i(a) regarding the Department's obligation to notify and provide records to an employing superintendent of schools when it has substantiated abuse of a child by certain school employees. Specifically, you are requesting a determination as to whether the applicable notification requirements apply to abuse of any child or only to abuse of a child who is a student in the employing school or school system.
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This letter is in response to your request for a formal legal opinion concerning the legality of the Connecticut Development Authority's ("CDA") plan to pay its President and former Chairman, Arthur H. Diedrick, $170,794.52 for 2002.75 hours of claimed accumulated compensatory time when he resigns on August 1, 2004. You have also asked whether it was legal for Mr. Diedrick to have served as both the Chairman of the CDA Board and its President.
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By letter dated July 23, 2004, you advised us that on June 23, 2004, Richard L. Judd, the former President of Central Connecticut State University (the "University"), signed a document entitled "University Manual Food Services Agreement," to which the University and the Chartwells Division of Compass Group USA, Inc. ("Chartwells") are the designated parties. The purported "Agreement" contemplates the payment to Chartwells of some forty million dollars over a term of ten years, commencing July 1, 2004.
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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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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.
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You have asked for a formal opinion regarding the possible consequences of enacting Substitute House Bill 6438, An Act Extending Husky Plan, Part A Benefits for Parents and Needy Caretaker Relatives. The proposed Bill would temporarily continue the Medicaid eligibility of individuals whose eligibility for Medicaid under the Transitional Medical Assistance ("TMA") coverage group will end between March 31, 2005 and May 31, 2005. Eligibility for this group of individuals would be extended through June 30, 2005 under the proposed Bill. You inquire whether or not this proposed temporary extension of benefits may "ultimately allow these adults to qualify for any additional extension under federal law?"
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This is in response to the request for an opinion from your agency on the legality of devices known as "three button slot machines," and whether these devices fall within the definition of "video facsimile" as used in the agreements between the State of Connecticut and the Mashantucket Pequot Tribe and Mohegan Tribe. The agreements require the tribes to contribute twenty-five percent of their gross operating revenues from the operation of video facsimile machines at the tribal casinos, provided no other person within the state may lawfully operate "video facsimile games or other commercial casino games."
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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 requested our advice regarding the scope of the State Building Inspector's authority over local building officials.
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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.