The Office of Attorney General William Tong
1990 Formal Opinions
Page 1 of 3
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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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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 response to your recent request for an opinion on the self-defense rights of liquor control agents. Specifically, you ask whether self-defense rights are greater if exercised in the "workplace", and you ask us for a definition of the workplace for agents.
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You have requested our advice concerning the types of accounts that are available for deposit of funds pursuant to section 51-81c of the Connecticut General Statutes, as amended by Public Act 89-196. Section 51-81c established the Interest on Lawyers Trust Accounts program ("IOLTA").
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This letter is in response to your request for advice concerning the State Insurance Purchasing Board's authority to obtain surety bonds for members of the board of directors of the Connecticut Convention Center Authority.
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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 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 will acknowledge receipt of your letter of July 5, l990 wherein you request our opinion regarding 1990 Conn. Pub. Acts, 90-306. The first section of this Act concerns disclosures by real estate brokers and salesmen to prospective purchasers and sellers, while the balance thereof concerns the management of common interest property.
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John R. Shears, Teachers' Retirement Board, 1990-037 Formal Opinion, Attorney General of Connecticut
This is in response to your request for advice dated September 13, 1990, in which you request the opinion of this office as to the meaning of the phrase "last employing board of education" as it is used in Conn. Gen. Stat. e 10-183t as amended by 1989 Conn. Pub. Acts No. 89-342 (hereinafter P.A. 89-342). In addition, you request our opinion on whether the Teachers' Retirement Board may make subsidy payments for health insurance pursuant to Sec. 4(c) of P.A. 89-342 to a board of education other than the "last employing board of education."
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In your letter of December 20, l989 you requested our opinion on the validity of actions taken at a meeting of the Permanent Commission on the Status of Women [hereinafter Commission] which was held in a location other than that specified in the notice of regular meeting distributed by the Commission Chairperson.
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In your letter of August 9, 1990, you call our attention to the provisions of P.A. 90-261, Sec. 5 and ask our advice with regard to the following two questions: 1. Does Section 5 of the Act apply retroactively, i.e., are all persons incarcerated "as of" October 1, 1990 who meet all other specified criteria, eligible to be considered for parole under the Act. 2. Does the Act permit the Board to consider for parole persons who are already serving their sentences in either Community Release or Community Residence (SHR) programs.
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We are writing in response to your letter dated February 22, 1990, in which you request our advice about the constitutionality of the residency requirements and waiting periods contained in Conn. Gen. Stat. ee 27-103 and 27-122b, two state statutes concerning veterans' benefits. We are also responding to your oral request, based upon your responsibilities under Conn. Gen. Stat. e27- 102l(c)(4),1 for our opinion on the constitutionality of the residency requirement found in Conn. Gen. Stat. e 27-104, which is contained in Part II of Chapter 506.
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This is in reply to your letter asking whether the awarding of the Mid-Connecticut Project contract by the Connecticut Resources Recovery Authority (CRRA) to Combustion Engineering, Inc., complied with statutory requirements.
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You have requested the opinion of the Attorney General as to whether the Department of Income Maintenance is authorized to enter into contractual arrangements with insurance companies in connection with a demonstration program to be jointly administered by the Department of Income Maintenance and the Insurance Department. Specifically, under the proposed contract, Income Maintenance would advise insurance companies whether payments to insured persons under insurance policies qualify for "asset exclusions" under the program. Income Maintenance would receive a contractual payment from the insurance companies for providing the contracted service.
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You have asked for our opinion whether the provisions of 1987 Conn. Pub. Acts No. 87-554, Sec. 10.(c), now Conn. Gen. Stat. e 54-211(c), should be applied retroactively to a claim which arose prior to the effective date of the act.