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

October 3, 2017

Hartford – On Monday October 2, 2017 Senate Republican President Pro Tempore Len Fasano (R-North Haven) wrote to Connecticut Attorney General George Jepsen to again 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. Sen. Fasano initially requested an opinion on this order on August 18, 2017.

“Since the governor has now vetoed the legislature’s budget, it is imperative that lawmakers know whether or not his executive order is in fact legal, or if these changes violate statutory mandates which would require legislative approval,” Fasano wrote. “I believe it is extremely important that you respond to this outstanding request prior to a veto override session taking place so lawmakers have all the relevant information prior to deciding whether to allow the governor’s veto to stand, which will lead to his executive order remaining in effect.”

In the August 18 letter, Senator Fasano questioned 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.

Full letter sent on October 2 is attached.