AGO 1990-032J.

Case Date:December 13, 1990
Connecticut Attorney General Opinions 1990. AGO 1990-032J. December 13, 1990Opinion No. 1990-032JHonorable J. Edward CaldwellState Comptroller55 Elm StreetHartford, CT 06106 Dear Mr. Caldwell: In your letter of July 11, 1990 to Dale M. Dreyfus, Associate Vice President for Finance and Business Affairs at the University Connecticut, you asked for an interpretation from this office of the authority granted to the University of Connecticut by 1990 Conn. Pub. Acts No. 90-201, e§6. You also inquired about its effect on the current state travel contract (Travel Services Agreement). It is our opinion that the policy guidelines approved by the University's Board of Trustees are authorized by 1990 Conn. Pub. Acts No. 90-201, e§6. In order to answer your questions, it is first necessary to analyze 1990 Conn. Pub. Acts No. 90-201, e§6 against the pre-existing rubric of statutory and regulatory authority. Prior to the enactment of 1990 Conn. Publ. Acts No. 90-201, e§6, University employees were generally required to adhere to the state travel rates and policies set forth in regulations promulgated by the Commissioner of the Department of Administrative Services (DAS) under the authority of Conn. Gen. Stat., e§5-141c. See 1 Reg. Conn. Agencies, e§5-141c-1 et seq. Those regulations govern many aspects of travel by state employees, including reimbursement reates, the procurement of air transportation tickets and required approvals. For example, the reimbursement rates for meals and miscellaneous expenses are at rates determined by the DAS Commissioner (e§5-141c-5); air transportation tickes are to be obtained by the State Comptroller (e§5-141c-9); and, in the absence of blanket authorization from the State Comptroller, the Comptroller must approve out-of-state travel in advance. (e§5-141c-3). The only exception to these regulations for University employees was set out in Conn. Gen. Stat. e§10a-108, which provided, in pertinent part: . . . notwithstanding any other provision of the general statutes to the contrary, the president of The University of Connecticut and the executive director of The University of Connecticut Health Center shall have the authority to approve travel requests of the faculty and professional employees of their respective institutions who are not covered by collective gargaining agreements, in accordance with rates...

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