AGO 1990-042.
Case Date | December 13, 1990 |
Court | Connecticut |
Connecticut Attorney General Opinions
1990.
AGO 1990-042.
December 13, 1990Opinion No. 1990-042Honorable 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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