Formal Opinions
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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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Your office has requested a formal opinion regarding whether the Department of Veterans' Affairs (hereinafter "DVA") has properly amended its Veterans' Benefits Guide (hereinafter "Guide") to reflect recent changes in the law.
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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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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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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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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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This is in response to your request for advice on whether Connecticut law would prohibit Autotote Enterprises, Inc. ("AEI") from continuing to purchase the New York Racing Association's ("NYRA's") signal if NYRA were indicted on criminal conspiracy to commit tax fraud charges.
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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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The Honorable James Amann, State Capitol, 2003-002 Formal Opinion, Attorney General of Connecticut
This letter is in response to your request for a formal legal opinion as to the proper construction of Conn. Gen. Stat. § 51-44a, which governs the appointment of the Judicial Selection Commission, given an internal inconsistency in the statute created by the recent reapportionment of Connecticut's congressional districts.
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A recent inquiry from the City of Waterbury has brought to our attention that some marshals are charging a fee of fifteen per cent of the amount of taxes collected for the service of alias tax warrants under Conn. Gen. Stat. § 52-261 as amended by Public Act No.03-224.
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This letter responds to your August 3, 2004 amended request for a formal opinion as to whether Dr. D. Ray Sirry, the Juan F. Court Monitor, would be entitled to indemnification from the State in connection with services he has agreed to provide to the State to assist it in implementing reforms at the Connecticut Juvenile Training School (CJTS).
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This is in response to your request for an opinion on the lawfulness of a proposed entertainment program at liquor permit premises involving the playing of poker for prizes. The proposal comes in the wake of recent announcements outlawing the betting on poker tournaments due to criminal laws against gambling.
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You have asked for an opinion interpreting Conn. Gen. Stat. § 17a-101i(a) regarding the Department's obligation to notify and provide records to an employing superintendent of schools when it has substantiated abuse of a child by certain school employees. Specifically, you are requesting a determination as to whether the applicable notification requirements apply to abuse of any child or only to abuse of a child who is a student in the employing school or school system.
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You have asked for an advisory opinion concerning the appointment of members to the Connecticut Employment and Training Commission ("CETC"). The CETC has been designated Connecticut's state workforce investment board (board) pursuant to Conn. Gen. Stat. § 31-3h(b)(5), which implements the federal Workforce Investment Act of 1998, P.L. 105-200 ("WIA") Sec. 111(b)(1)(C). You have asked whether restrictions on appointments to the board contained in § 31-3i(b) conflict with appointment provisions of WIA, and if so, whether the state statutory provisions are preempted by the federal law.
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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.
