AGO 1990-013.

• Case Date: April 17, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-013. April 17, 1990Opinion No. 1990-013Representative Richard J. BalducciSpeaker of the HouseState of ConnecticutLegislative Office Building, Room 4100Hartford, Connecticut 06106 Dear Speaker Balducci: This is in reply to your letter of March 13, 1990. You ask whether the following provision included in Conn. Gen. Stat. e 19a-460(a) (Rev. to 1989), amended by P.A. 89-325, e 21, is an unconstitutional infringement upon the executive branch:

The department of mental retardation shall be under the supervision of a commissioner of mental retardation, who shall be appointed by the governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, on recommendation of the council on mental retardation.

The question is directed to the last phrase of this sentence, "on recommendation of the council on mental retardation." You indicate that the Legislative Program Review and Investigations Committee recently reported out a bill deleting this phrase, based partly on the constitutional concern previously referred to. The committee cochairmen have requested that you seek our opinion. We conclude that this provision is constitutional. The Council on Mental Retardation, which recommends the appointment to the Governor, consists of thirteen members. Seven are appointed by the Governor, four by designated legislative leaders and one each by the Boards of Trustees of the Mansfield Training School and Southbury Training School. Conn. Gen. Stat. e 19a-445(a) (Rev. to 1989), as amended by P.A. 89-99.1 In considering the constitutional issue, "'every intendment will be made in favor of constitutionality, and invalidity must be established beyond a reasonable doubt.'" University of Connecticut Chapter, AAUP v. Governor, 200 Conn. 386, 390 (1986). The Connecticut Constitution does not specifically discuss the appointive power for this type of office. Article Second divides governmental powers into three distinct departments, legislative, executive and judicial. Article Third, e 1, vests legislative power in the General Assembly. Each house "shall have all other powers necessary for a branch of the legislature of a free and independent state." Article Third, e 13. The Constitution is a grant of power and the powers granted the General Assembly are legislative only. Adams v. Rubinow, 157 Conn. 150, 154 (1968). "But the legislative powers granted the...