Formal Opinions
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You have asked our office to provide an opinion on the legality of random drug testing of student-athletes at the University of Connecticut. The Division of Athletics at the University has revised its drug testing policy; this opinion addresses that revision.
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You have asked this Office for an opinion concerning the use of the City of New Haven’s “Elm City Resident Cards" during the electoral process. Specifically, you have asked us to opine whether your Office has the legal authority to issue the following directives with respect to the use of such cards by individuals seeking to vote or register to vote in Connecticut
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This letter is in response to your November 19, 2007 request that I reconsider my formal legal opinion issued to Comptroller Nancy Wyman on July 25, 2007 (Attorney General Opinion 2007-012).
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Your office has asked this office for advice about the applicability and constitutionality of Public Act 97-58, 1, with regard to Allstate's "Do I Need An Attorney?" flyer.
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The Connecticut Real Estate Commission has requested the Attorney General's Office to render a formal legal opinion regarding the interpretation of C.G.S. § 20-317(a) as it relates to the following question: Does a non-resident real estate broker or real estate salesperson who is currently licensed in Connecticut under a bona fide Reciprocal Agreement need to qualify with course and experience and take a written exam to establish competency when such licensee becomes a resident of the State of Connecticut?
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You have requested an opinion (1) whether “the Insurance Department has the legally required jurisdictional authority to hear and decide an employment status dispute between an insured and its insurer where the dispute solely involves the factual determination of whether a worker should be classified as an employee or an independent contractor
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Honorable Valerie Lewis, Formal Opinion 2007-003, Attorney General State of Connecticut
Asked this office whether the Board of Governors of Higher Education and the Department of Higher Education's have the statutory authority to require the constituent units of the state system of higher education to provide the Board and DHE with personally identifiable confidential student and student family information, including social security numbers.
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Your Department has asked for advice on whether employees of the Department of Revenue Services (DRS) who volunteer to serve on the DRS Emergency Response Team (ERT) would be liable for civil damages
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You have requested a formal opinion of the Attorney General as to "whether a former Deputy Sheriff, former High Sheriff or a State Marshal who resigns from his appointment may continue to collect wage executions they had served while acting in their official capacities."
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The Auditors of Public Accounts have notified this Office of what they consider to be an irregularity in the delegation of purchasing authority from the Department of Information Technology ("DOIT") to the Department of Social Services ("DSS") in connection with the selection of a contractor to administer and develop a management information system for DSS’s consolidated Child Care Assistance Program. Specifically, the Auditors express the opinion that the delegation of authority in question, if permitted under the Connecticut General Statutes, should have been made in writing, rather than given verbally, as appears to have been the case. The Auditors have asked whether this Office agrees with their position and, if so, they have suggested that we inform you.
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As Chairman of the State Marshal Commission you have requested a formal Opinion of the Attorney General as to the following four questions: 1. While the State Marshal Commission has duly appointed all state marshals, none has been “sworn.” Must state marshals be "sworn"? If so, what oath is to be administered and who may administer it? 2. Does a state marshal have "police" or law enforcement powers? If so, what is the scope of such powers? 3. State marshals are referred to in the General Statutes as "peace officers." What powers are conferred upon "peace officers"? Are these the only "police" or law enforcement powers that state marshals possess? 4. Do you have any suggested modifications to the above certificate language?
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You have requested our advice regarding your obligations under Conn. Gen. Stat. § 4-61dd, known as the "whistleblower" statute. You have explained that, in the course of reviewing a whistleblower complaint, you have obtained access to client records from the Office of Protection and Advocacy.
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In your June 26, 2001 letter you request our opinion as to whether P.A. 01-141, §4 authorizes the Board of Trustees for the Connecticut State University System (CSUS) to establish, subject to authorization by the Board of Governors of Higher Education, a pilot education doctoral program to be conducted at one of its institutions only or whether such a doctoral program may be conducted at more than one of its institutions.
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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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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.