AGO 1991-006.

• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-006. 1991Opinion No. 1991-006Honorable John F. HealyChairmanDepartment of Liquor Control165 Capitol AvenueHartford, CT 06106 Dear Chairman Healy: This is in response to your request for an opinion concerning the terms of office of Commissioners of the Department of Liquor Control. Specifically, you seek an opinion on the applicability of Conn. Gen. Stat. § 30-2, which states that Commissioners are to be appointed to staggered, six-year terms. For the following reasons, we believe that this provision was superseded in 1977 by Conn. Gen. Stat.§ 4-9a(c) which provides that Commissioners serve coterminously with the Governor, or until a successors chosen, whichever is later. The provisions of Section 30-2 have existed, substantially unchanged, since the initial enactment of the modern Liquor Control Act. See, Conn. Gen. Stat. (1933 Sup.) § 671b. This section, which provides for the appointment of three Commissioners, currently reads as follows:

On or before May first in the odd-numbered years, the governor shall appoint one member of the liquor control commission for a term of six years from the first day of May next following his appointment. He shall fill any vacancy for the unexpired portion of the term. Not more than two commissioners shall be of the same political party. Each commissioner shall take the oath prescribed for executive officers. The governor shall designate one of the commissioners to be chairman, during the pleasure of the governor. He may remove any commissioner as provided in section 4-12.

Conn. Gen. Stat. § 30-2. In 1977, the Connecticut General Assembly enacted sweeping changes in the way commissioners and other top, appointed state officials were to serve. This Act, known as the Executive Branch of Government Reorganization Act, provided, inter alia, that the term of each member of each board and commission within the state, with certain exceptions not here relevant, would "terminate on July 1, 1979, or upon the selection of a successor member, whichever is later." 1977 Conn. Pub. Acts No. 77-614, Sec. 13(b). Thereafter, the Reorganization Act provided, the terms of each such official would run coterminous with the Governor, or until a successor is chosen. Id. at Sec. 13(d). While some exceptions to this rule were written, no exception was made...