Fasano Requests Attorney General Opinion on Legality of Gov. Malloy’s Executive Order

August 22, 2017

Hartford – On Friday August 18, Senate Republican President Pro Tempore Len Fasano (R-North Haven) wrote to Connecticut Attorney General George Jepsen to request an opinion on the legality of Governor Dannel P. Malloy’s revised executive order that dramatically shifts education dollars and makes changes to municipal aid.

In the letter, Senator Fasano questions three elements of the governor’s order which do not fall under executive authority:

  1. Unilaterally reducing Excess Cost grants for state aid for special education,
  2. Withholding funding mandated by the Municipal Revenue Sharing Program without legislative approval, and
  3. Using an executive order to adjust the motor vehicle mill rate tax cap.

“While the state is unfortunately living without a budget for the fiscal year 2018 to fiscal year 2019 biennium and the governor is exercising his executive authority to continue the operations of the state of Connecticut, he is not above the Connecticut General Statues and must operate within existing statutory constraints,” Fasano wrote.

“It is my contention that the governor’s Revised Executive Order Allocation Plan of August 18, 2017 is in violation of clear statutory mandates and the only way the governor can adjust these three statutory mandates is with legislative approval.”

Full letter attached.