The Office of Attorney General William Tong
Formal Opinions
Page 26 of 41
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John G. Rowland, State Capitol, 2002-012 Formal Opinion, Attorney General of Connecticut
You have asked for my opinion regarding the constitutionality of House Bill No. 5346, which would impose a one year moratorium on the construction of any electric power line or gas pipeline across Long Island Sound.
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You requested an opinion from this office regarding a complaint that was made under the whistleblower statute, Conn. Gen. Stat. § 4-61dd. The Division of Special Revenue ("the Division") received a copy of a letter that was filed with the Auditors of Public Accounts under Conn. Gen. Stat. § 4-61dd. The Division has initiated its own internal investigation into the allegations set forth in the letter. One of the Division's employees, who believes that she has been accused of possible wrongdoing in the letter, has requested a copy of "any documents, notes, or materials, which are the basis for [the Division's] investigation."
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You requested our opinion "concerning the determination of how much of an individual’s disposable income may be taken to satisfy a tax warrant when the individual also is subject to a dependent support order."
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You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.
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This is in response to your question as to whether the Compact between the Mohegan Tribe and the State of Connecticut allows off-track betting and viewing of races from hotel rooms at the Mohegan Sun Casino utilizing hotel telephones and television sets.
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This is in response to your request for an opinion on whether a certain bill, proposed in last year’s legislative session, and which is expected to be proposed again, would conflict with the Tribal/State agreements or Memoranda of Understanding (MOUs) with the Mashantucket Pequot and Mohegan Tribes concerning the operations of the two casinos in Connecticut. The bill would allow businesses to conduct games of chance under certain circumstances.
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In your letter of June 17, 2002, you requested that I issue an opinion regarding whether the $12,000.00 annual cap on compensation for members of the Connecticut Siting Council (Council) contained in Conn. Gen. Stat. § 16-50j (f) is a limit on total compensation or only compensation for attending hearings.
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We write to clarify our April 14, 2003 opinion concerning whether the Mashantucket Pequot Tribe (the "Tribe") could conduct Casino Night events at Foxwoods Casino ("Foxwoods") to benefit state charities. This issue had arisen in the wake of action by the Connecticut General Assembly earlier this year repealing the Games of Chance Act, which had allowed charities to run Las Vegas Nights events within the state as fundraisers, subject to the provisions of the Act. As a result of this repeal, charitable organizations may no longer legally conduct Las Vegas Night events in this State.
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Shaun B. Cashman, Commissioner of Labor, 2003-013 Formal Opinion, Attorney General of Connecticut
As you are aware, section 31-57f of the Connecticut General Statutes provides for the payment of a standard wage rate to certain service workers employed by some contractors of the State or its agents. It has come to our attention that there has been uncertainty as to whether this statute requires such employers to raise wages during the life of a contract to match the prevailing standard wage rate as that rate increases, or whether the statute only requires those employers to pay service workers at the rate that was in effect at the time the contract was executed.
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You have requested a formal opinion as to whether employees of state-aided institutions, as defined in Conn. Gen. Stat. § 5-175, are authorized to participate in the Early Retirement Incentive Program (ERIP) created in 2003 by Conn. Pub. Act No. 03-02. If the answer to this question is in the affirmative, you have also inquired as to whether such employees are bound by the reemployment provisions contained in the State Employees Retirement Act, Conn. Gen. Stat. §§ 5-152 to 5-192x (hereinafter SERA or the Retirement Act).
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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 certain vehicle identification number ("VIN") etching reimbursement products ("the Products") should be regulated as insurance under Title 38a of the Connecticut General Statutes.
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You have asked for my opinion whether the contract entered into by the Department of Social Services (DSS) with the Community Health Network of Connecticut, Inc.(CHN) to provide medical services to eligible clients under the State-Administered General Assistance program (SAGA) is a personal service agreement which must comply with the competitive bidding or competitive negotiations provisions of Conn. Gen. Stat. § 4-212 et seq.
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Joseph D. D'Alesio, Judicial Branch, 2002-007 Formal Opinion, Attorney General of Connecticut
You have requested an opinion regarding an amendment to Conn. Gen. Stat. § 54-215, relating to the Criminal Injuries Compensation Fund. The purpose of that fund is to provide compensation and services for the victims of crimes.
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You have asked this Office's opinion regarding the application of the Fourth Amendment to the United States Constitution to the work of State Marshals serving civil capia warrants