The Office of the Attorney General William Tong
Formal Opinions
Page 40 of 42
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In your letter dated October 9, 2001 you requested an opinion of this office as to whether the State Marshal Commission has the authority to institute a policy and procedure for the service of restraining orders by state marshals.
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This letter is in response to your request for a formal opinion concerning the effect of the federal Extradition Act, 18 U.S.C. §3182 et. seq., and the Interstate Transportation of Dangerous Criminals Act of 2000, Pub. L. No. 106-560, 114 Stat. 2784 (2000), on the Department of Public Safety’s ability to enforce the provisions of Chapter 534 of the Connecticut General Statutes. Chapter 534 governs the licensing of private security companies that provide private prisoner transportation services for the State of Connecticut and requires a special permit if the individuals providing such services carry firearms in the course of duty.
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You have requested our opinion of whether renewal of the certificate of authorization of a private occupational school on the basis of the school's institutional accreditation by an accrediting agency recognized by the United States Department of Education (USDOE) pursuant to Conn. Gen. Stat. §10a-22b(a), in lieu of the Connecticut Department of Higher Education's (DHE's) evaluation, effectively relieves that school of compliance with the requirements of Conn. State Ag. Regs. §10a-22k-5(f) regarding the contents and maintenance of a private occupational school's student attendance records so that the school is subject only to the student attendance record-keeping requirements, if any, of the particular USDOE recognized accrediting agency.
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You have inquired whether the provisions of Special Act No. 01-7 (S.A. 01-7), and in particular Section 5 of the Special Act, empower the Hartford School Building Committee, created by the Special Act, to hire a school construction or program manager of its choosing, without having to comply with the strictures and mandates of the Hartford City Charter and various municipal ordinances or regulations addressing the purchase of goods and professional services by the city.
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You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
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In your letter dated April 27, 2000 you requested a formal opinion as to whether the chairman of a council of government has the authority to sign on behalf of all the chief elected officials of a workforce investment area an agreement by which the council of government will administer and oversee federal Workforce Investment Act funds and activities.
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You have asked whether the Division of Criminal Justice or the Office of Attorney General should represent the State's interests in matters concerning Youth in Crisis ("YIC"), brought under Public Act 00-177.
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Ms. Nancy Wyman, State Comptroller, 2000-024 Formal Opinion, Attorney General of Connecticut
You have asked two related questions about the State Employee Campaign for Charitable Giving (the "campaign"), which is an annual campaign "to raise funds from state employees for charitable and public health, welfare, environmental, conservation and services purposes." Conn. Gen. Stat. § 5-262(a)(3). Specifically, you ask whether the State Employee Campaign Committee (the "Committee") may prohibit a federation1 from participating in the campaign if one or more of the federation's member agencies solicits from state employees during the designated campaign period other than through the campaign. You have also asked whether the Committee may require a federation that seeks to participate in the campaign to certify to the Committee that it will refrain from soliciting charitable contributions from state employees during the designated campaign period other than through the campaign.
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This is in response to your letter dated January 19, 2000, in which you request our opinion on whether the Department of Transportation ("DOT") has the authority to enter into major contracts regarding development at Bradley International Airport ("BIA") when the Bradley International Airport Commission ("Commission") believes that DOT has failed to fully cooperate with the Commission in accordance with the provisions of subsection (b) of Section 15-101s of the Connecticut General Statutes.
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You have requested our advice on whether a creditor of a person licensed as a first mortgage lender can collect on the bond required to be maintained by the licensee pursuant to Conn. Gen. Stat. §36a-492.
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Watershed lands are among Connecticut’s most precious natural resources -- a legacy for future generations that we have a responsibility to preserve and protect. Besides their vital role in protecting the purity of the state’s water supplies, the natural beauty of these lands, undisturbed and tranquil, provides a refuge and respite from development and commercialism. These pristine lands are irreplaceable; once developed they are forever lost.
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This opinion responds to Commissioner Armstrong’s request for advice regarding the Department of Correction's leave policy for employees who participate in the military reserves or National Guard. Because his question concerns the implementation of a General Notice issued by the Department of Administrative Services, we address this advice to both of you.
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This is in response to your request for an expedited opinion on the proposal of the Connecticut Lottery Corporation (CLC) to participate in a new multi-state lottery game which, in part, lets players appear on a televised game show to compete and win.
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In connection with the Department of Social Services’ (the "Department") Elder Financial Abuse Project (the "Project"), your Department requested an opinion as to whether an employee of a financial institution who suspects that an elderly customer is the victim of financial exploitation may disclose the elderly customer’s financial information to the Department’s Protective Services for the Elderly (PSE).