The Office of the Attorney General William Tong
2003 Formal Opinions
Page 2 of 2
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In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
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Thank you for arranging our meeting with the Connecticut Lottery Corporation to discuss my concerns with the new lottery game entitled "Treasure Tower." Following my viewing of the game, and our helpful round-table discussion, I appreciate the thorough review this game has received from your agency. However, I continue to have grave concerns about the legality of this game and its design characteristics that are very likely to appeal directly to young children. Accordingly, I must and I hereby advise you to withdraw approval for the distribution and implementation of this game, unless and until the legislature passes legislation allowing this type of gaming.
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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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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 asked for a formal legal opinion concerning the General Assembly's authority to enact a continuing resolution to appropriate funds for the operation of the state government in the absence of a state budget. As you note in your July 11, 2003 letter, the General Assembly passed two biennial budget bills earlier this year, both of which were vetoed by Governor Rowland. Given the lack of a budget for the new fiscal year beginning July 1, 2003, the General Assembly passed a two week continuing resolution or temporary appropriations measure on June 30, 2003.
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You have requested an opinion regarding two issues related to charitable gaming events to be held at Foxwoods Casino ("Foxwoods"). Foxwoods is owned and operated by the Mashantucket Pequot Tribe (the "Tribe"), a federally recognized Indian tribe. The Tribe conducts gaming at Foxwoods, which is located on the Tribe's federal reservation, pursuant to Gaming Procedures authorized by federal law.