The Office of the Attorney General William Tong
Formal Opinions
Page 35 of 42
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Former Commissioner Heslin requested an opinion from this office on "whether any consumer commodity which is not individually marked with its current selling price is in violation of Conn. Gen. Stat. § 21a-79 and § 21a-79-a of the Regulations of Connecticut State Agencies."
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We are in receipt of your letter dated January 2, 1991, wherein you request our opinion on two issues concerning a gun range located on the grounds of the Enfield Community Correctional Institution. The property in question is owned by the State of Connecticut.
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By letter dated July 19, 1991, you state that a company called Hartford Paving Inc. ("Hartford Paving" ) has been performing bridge painting work for the Department of Transportation ("DOT") pursuant to purchase orders issued to it by the DOT in accordance with Contract Award No. 890-A-13-1054-C. You have asked our opinion as to whether the Department of Consumer Protection has a right to attach or garnish funds.
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This is in response to your predecessor's letter of August 7, 1990, requesting an opinion regarding the proper assessment of attorney's fees to personal injury recoveries which include basic reparations benefits (BRB), under Conn. Gen. Stat/ § 38 -325(b).
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You have requested our advice on the applicability of 1990 Public Acts No. 90-304, now codified in Conn. Gen. Stat. §52-570d, to the Department of Correction. You specifically ask whether an official of the Department of Correction is a criminal law enforcement official for purposes of the exception contained in subsection (b)(1) of Conn. Gen. Stat. §52-570d.
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This is in response to your request for advice regarding access to nursing home facilities by patient advocates and ombudsmen. You have asked the following questions: 1. Does an Ombudsman/Patient Advocate have access to a facility to visit, observe conditions and operation only in response to a specific complaint? 2. Must an Ombudsman/Patient Advocate notify the administration or staff of the reason for their presence? 3. Can a facility require that a schedule including date and time of visits be posted with the intent of limiting access? 4. May a facility announce the presence of the Ombudsman/Patient Advocate over the PA system? 5. Can the facility require that a staff person accompany the Ombudsman/Patient Advocate? 6. Can the facility refuse to send an Accident and Incident or A500 report to the Ombudsman Office?
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You have requested a formal opinion from this office as to whether the Department of Administrative Service's ("DAS") use of private collection agencies on a contingency fee basis would be in violation of Conn.Gen.Stat. § 4-100 or any other section of the General Statutes of Connecticut.
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This is in response to your letter of September 11, 1992 in which you relate that the State Teachers' Retirement Board has requested an opinion of this office on the following question: Does the Veterans' Reemployment Rights Act preserve a right for persons covered by the Act to purchase retirement service credit in the State Teachers' Retirement System under the terms of the state law governing such purchases of service credit as were in effect when such persons were inducted into the Armed Forces?
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In your letter of August 12, 1993, you relate that by a Resolve of May, 1824, a Borough of Newtown was created. Subsequently the General Assembly passed 1931 Special Act No. 290 and 1953 Special Act No. 106 also relating to the formation of this borough. You ask three questions relating to this borough. First you ask whether the borough may be dissolved. Secondly you ask the procedure in accomplishing this dissolution. Thirdly you ask what legal requirements are imposed upon the officials of the borough to assist residents in bringing about dissolution.
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We are writing in response to your letter of February 19, 1991 in which you request our advice concerning whether certain physicians and psychologists, who serve as "medical consultants" and "psychological/psychiatric consultants'' to the Division of Rehabilitation Services and who are hired pursuant to personal services agreements, are immune from personal liability pursuant to Connecticut General Statutes § 4-165.
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This is in response to your letter of July 22, 1991, in which you seek our opinion on whether the Department of Transportation ("DOT") has the authority to cancel the unexpended balance of purchase orders that the DOT has issued to Hartford Paving Inc. ("Hartford Paving") for bridge painting services under Contract Award No. 89--A-13-1054-C. You further ask whether the DOT can avoid contracting with Hartford Paving on future painting projects and instead use other companies listed in the contract award.
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This is in response to a request by former Commissioner Heslin for an opinion of the Attorney General concerning whether a board or commission member who is disqualified from acting and voting on a particular matter because of a conflict of interest, may, for the purposes of Conn. Gen. Stat. § 21a-7(6), be counted in determining if a quorum of such board or commission is present to legally act.
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You have asked whether or not foster parents are entitled to representation and indemnification from the State of Connecticut. The corollary question is whether they are independent contractors and therefore not entitled to representation or indemnification.
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By letter dated February 26, 1993 you have asked for our advice as to whether an increase in the amount of money appropriated to municipalities under the Education Cost Sharing (ECS) grant program (Conn. Gen. Stat. e10-262h) which has been recommended by the governor for SFY 1993-94 is properly counted as a "general budget expenditure" for the purposes of determining whether the authorized expenditure limitation imposed by Conn. Gen. Stat. e2-33a, commonly known as "the spending cap", will be exceeded.
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This is in reply to a request for advice asking if the person you appoint as an Executive Director of the Department of Public Utility Control (DPUC), pursuant to Conn. Gen. Stat. § 16-2(f), to fill a vacancy in that position receives an appointment for four years or rather serves the balance of the prior Executive Director's unexpired term.