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CHAPTER 46
STATE APPOINTIVE OFFICERS
Table of Contents
Sec. 4-1. Appointed officers; term; compensation and expenses.
Sec. 4-1a. Appointed officers, unspecified terms.
Sec. 4-2. When nominations are to be made.
Sec. 4-3. Term of office of legislative appointees.
Sec. 4-4. Term of office of executive appointees.
Sec. 4-5. "Department head" defined.
Sec. 4-6. Appointment and term of department heads.
Sec. 4-7. Confirmation or rejection of nominations by house of General Assembly. Vacancy appointment.
Sec. 4-8. Qualifications, powers and duties of department heads.
Sec. 4-9. Governor to commission officers.
Sec. 4-9a. Appointment of chairpersons and executive directors of boards and commissions. Public members; proportion; definitions; exception. Members; terms.
Sec. 4-9b. Membership of boards, commissions, committees and councils: Qualifications, gender and racial diversity required considerations. Report. Right of action.
Sec. 4-9c. Confirmation process for appointments to boards of trustees and Board for State Academic Awards.
Sec. 4-9d. Designation of replacement members on governmental bodies. When required officials unable or choose not to serve.
Sec. 4-10. Appointments to state boards and commissions; lists.
Sec. 4-11. Suspension of administrative officers.
Sec. 4-12. Removal of officers and commissioners.
Sec. 4-12a. Governor's powers of suspension or removal under sections 4-11 and 4-12 not applicable to deputies appointed by department heads.
Sec. 4-13. Subpoenas.
Sec. 4-13a. Appearance of assistant on subpoena of state officer.
Sec. 4-14. Transportation allowance for state officers, auditors and Governor's executive secretary.
Sec. 4-15. Expenses of state officers and employees.
Sec. 4-16. Expenses paid by the state.
Sec. 4-16a. Indemnification of commissioners.
Sec. 4-17. Meeting attendance of trustees or directors of state-aided institutions.
Sec. 4-18. Resignations of state officers.
Sec. 4-19. Appointments to fill vacancies.
Sec. 4-20. Bonding of state officers and employees.
Sec. 4-21. Commissioners empowered to take acknowledgment of deeds and other instruments for Connecticut.
Sec. 4-22. State chemists.
Sec. 4-23. Fees of state chemist.
Unless otherwise specifically provided by law, each person appointed or nominated for appointment
by the Governor, with or without the advice and consent of the General Assembly or
either house thereof, and each person appointed or elected by the General Assembly or
either house thereof, shall be sworn and shall hold office for the term prescribed by law
and until his successor is appointed and has qualified. Such persons shall receive no
compensation for services unless the same is prescribed by law, but shall receive their
actual and necessary expenses incurred in the performance of their official duties.
(1949 Rev., S. 260.)
See Sec. 4-16 re payment of expenses by state.
See Sec. 4-40 re determination of salaries not prescribed by law.
Section is effective amendment of statutes not specifically providing for extension of term in case of failure of appointment of successor, and incumbent will hold over de jure. 133 C. 40. See 133 C. 50. Can be interpreted only as effective
to fix a term of office ab initio. 135 C. 639. Is a remedial statute which should receive as liberal a construction as can
reasonably be given to effectuate its beneficial purpose. 136 C. 312. The term of office of a municipal court judge is
"otherwise specifically provided by law" by the twentieth amendment. Doubtful that statute was intended to apply to
judicial offices. 138 C. 153. Cited. 200 C. 91, 99, 100.
Declaratory judgment not appropriate to try title to office. 13 CS 430. Where general assembly did not appoint a county
commissioner, the incumbent held over and an interim appointment was invalid. 14 CS 225.
Unless otherwise provided by
law, any appointed official of the state, including any person appointed to a board,
commission, council, authority, task force, committee or other body, shall serve at the
pleasure of the person or body authorized to make the appointment but no longer than
the term of office of such appointing authority or until such official's successor is appointed and qualified, whichever is longer.
(P.A. 73-659; P.A. 89-87, S. 3, 5.)
History: P.A. 89-87 added provision to include, as an appointed official of the state, any person appointed to a board,
commission, council, authority, task force, committee or other body.
Cited. 201 C. 685, 698. Cited. 224 C. 693, 702.
Except as otherwise provided by
law, all nominations to be made by the Governor for appointment to office by the General
Assembly or either branch thereof, and all appointments to office to be made by the
Governor which require the advice and consent of the General Assembly or either branch
thereof, shall be made on or before May first of the year in which the General Assembly
is in session, except that, in any case where a vacancy results from death occurring on
or after said May first but prior to the adjournment of such session, the Governor may
make a nomination or appointment to fill such vacancy as soon as possible thereafter
and prior to such adjournment and if such vacancy is in the office of a judge, the nomination shall, notwithstanding the provisions of section 2-40, be referred to the committee
on the judiciary immediately on receipt thereof from the Governor.
(1949 Rev., S. 96; 1967, P.A. 164, S. 1.)
History: 1967 act clarified procedure for filling vacancies in appointed offices to allow appointments after May first
and before general assembly adjourns.
See Sec. 2-39 re time limit for senate action on nominations.
See Sec. 4-7 re procedure for confirmation or rejection of nominations.
The term of office of each
officer appointed by the General Assembly or Senate, unless otherwise specially provided by law, shall commence on the first day of July following his appointment.
(1949 Rev., S. 50.)
The term of office of each officer
appointed by the Governor or by the Governor by and with the advice and consent of
the General Assembly or either branch thereof, unless otherwise provided by law, shall
commence on the first day of July following his appointment, except that the term of
office of the Governor's staff, executive secretary and clerk shall commence from the
date of their respective appointments.
(1949 Rev., S. 98.)
See Sec. 4-6 re appointment and terms of department heads.
As used in sections 4-6, 4-7 and 4-8, the
term "department head" means Secretary of the Office of Policy and Management,
Commissioner of Administrative Services, Commissioner of Revenue Services, Commissioner of Banking, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Environmental
Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance
Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of
Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner
of Social Services, Commissioner of Mental Retardation, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner
of Veterans' Affairs, Commissioner of Health Care Access, Chief Information Officer
and the chairperson of the Public Utilities Control Authority.
(March, 1950, 1953, S. 27d; 1959, P.A. 412, S. 3; 637, S. 1; 1967, P.A. 152, S. 4; 522, S. 4; 657, S. 80; 1969, P.A. 664,
S. 17; 768, S. 57; 814, S. 7; 1971, P.A. 872, S. 3; P.A. 73-599, S. 7; 73-677, S. 2; P.A. 75-519, S. 2, 12; 75-537, S. 17, 55;
75-638, S. 8, 23; P.A. 77-614, S. 4, 610; P.A. 79-598, S. 2, 27; P.A. 80-482, S. 3, 345, 348; P.A. 84-342, S. 2, 13; P.A. 86-
175, S. 2, 4; P.A. 87-9, S. 2, 3; 87-496, S. 1, 110; P.A. 93-91, S. 1, 2; 93-262, S. 26, 87; 93-381, S. 9, 39; P.A. 95-250, S.
13, 42; 95-257, S. 11, 12, 21, 40, 58; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6; June 18 Sp. Sess. P.A. 97-9, S. 14, 50.)
History: 1959 acts deleted milk administrator and athletic commissioner and changed titles of commissioner of agriculture to commissioner of agriculture and natural resources and commissioner of food and drugs to commissioner of consumer
protection; 1967 acts included commissioner of correction, commissioner of community affairs and personnel commissioner in definition; 1969 acts included commissioner of children and youth services and commissioner on aging in definition and substituted commissioner of transportation for highway commissioner; 1971 act removed responsibility for natural
resources from commissioner of agriculture and included commissioner of environmental protection; P.A. 73-599 included
commissioner of the department of commerce; P.A. 73-677 replaced personnel commissioner with commissioner of personnel and administration; P.A. 75-519 replaced commissioner of personnel and administration with personnel commissioner;
P.A. 75-537 included commissioner of planning and energy policy; P.A. 75-638 included commissioner of mental retardation; P.A. 77-614 rewrote section to reflect changes mandated by reorganization of executive branch, deleting finance and
control, banking, social services, insurance, health, public works, tax, community affairs, personnel, commerce and planning and energy commissioners and including secretaries of the office of policy and management and of business regulation,
the state board of education and administrative services, revenue services, economic development, health services, public
safety, income maintenance and human resources commissioners; P.A. 79-598 included commissioner of housing; P.A.
80-482 replaced secretary of business regulation with commissioner of banking and included the commissioner of insurance,
the liquor control commission and the public utilities control authority; P.A. 84-342 replaced public utilities control authority with chairperson of the authority; P.A. 86-175 added commissioner of veterans' affairs; (Revisor's note: Pursuant to
P.A. 87-9, "banking commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 87-
496 added commissioner of public works to definition of "department head"; P.A. 93-91 substituted commissioner and
department of children and families for commissioner and department of children and youth services, effective July 1,
1993; P.A. 93-262 removed reference to the commissioner on aging, department of income maintenance and department
of human resources, substituting reference to department of social services, effective July 1, 1993; P.A. 93-381 replaced
commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-250 and P.A. 96-211 replaced Commissioners of Economic Development and Housing with Commissioner of Economic
and Community Development; P.A. 95-257 added the Commissioner of Health Care Access, replaced Commissioner of
Public Health and Addiction Services with Commissioner of Public Health and replaced Commissioner of Mental Health
with Commissioner of Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-309 changed effective date
of P.A. 95-250 but did not affect this section; June 18 Sp. Sess. P.A. 97-9 included "Chief Information Officer" in definition
of "department head", effective July 1, 1997.
See Sec. 4-20 re bond requirement.
Cited. 184 C. 1, 7, 9.
Except as otherwise provided by statute, on or before March 1, 1975, and quadrennially thereafter, the Governor
shall, with the advice and consent of either house of the General Assembly, appoint
each department head in the manner prescribed by section 4-7 and section 4-8, to serve
at the pleasure of the Governor but no longer than four years from the first day of March
in the year of his appointment, unless reappointed under the provisions of said sections.
In the event a department head is not appointed or an incumbent reappointed in the
manner prescribed in section 4-8 prior to the first day of March in the year of the appointment, the incumbent may serve beyond that date but not later than the tenth day of March
in that year.
(March, 1950, S. 28d; 1969, P.A. 481, S. 1; P.A. 77-614, S. 5, 595, 610; P.A. 80-482, S. 347, 348; P.A. 87-159, S. 1.)
History: 1969 act made provision for governor's dismissal of department heads; P.A. 77-614 made no change, Sec.
595 of the act cancelling amendment called for in Sec. 5; P.A. 80-482 provided exception to statute; P.A. 87-159 added
provision re service by incumbent beyond March first, but not beyond March tenth, in the event a department head is not
appointed or an incumbent reappointed as prescribed in Sec. 4-8.
Cited. 184 C. 1, 7.
(a) On or before February 1, 1975, and quadrennially
thereafter, the Governor shall submit each nomination for a department head to either
house of the General Assembly. Such house shall immediately refer the nominations to
its committee on executive nominations, which shall report thereon by resolution within
fifteen calendar days from the date of reference. Such house, by resolution, shall confirm
or reject the nomination within ten calendar days of the committee's report. If confirmed,
the nominee shall take office on the first day of March in the year in which the appointment is submitted, except as provided in section 4-6. If such house rejects the nomination
before the first day of March in the year in which it is submitted, the procedure prescribed
in subsection (b) of this section shall be followed.
(b) (1) Except as provided in subdivision (2), if a vacancy occurs in the office of
any department head while the General Assembly is in regular session, the Governor
shall, within thirty calendar days of the occurrence of the vacancy, submit his nomination
to fill the vacancy to either house of the General Assembly. The house to which the
nomination is submitted shall immediately refer the nomination to its committee on
executive nominations, which shall report thereon by resolution within ten legislative
days from the date of reference. Such house shall confirm or reject said nomination. If
such house, by resolution, confirms the nomination within thirty calendar days after it
is submitted, the nominee shall forthwith take office to serve at the pleasure of the
Governor but no longer than the original appointee could have served under his appointment. If such house rejects the nomination within thirty calendar days after it is submitted, the Governor shall, within thirty calendar days, submit another nomination to either
house of the General Assembly, provided, if any nomination is submitted less than thirty
calendar days before the date established by the Constitution for adjournment of the
General Assembly, and the house to which it is submitted fails to confirm or reject the
nomination before its adjournment on said date, the procedure prescribed in subsection
(c) of this section shall be followed.
(2) If a vacancy occurs in the office of any department head prior to the first day
of March during the first regular session of the General Assembly following the election
of a new Governor, the nominee of the newly elected Governor may exercise the powers
and duties of the office as provided in section 4-8, as designate, until the nomination is
confirmed or rejected pursuant to subdivision (1).
(c) If a vacancy occurs in the office of any department head while the General
Assembly is not in regular session, it shall be filled by the Governor until the sixth
Wednesday of the next session of the General Assembly. At the beginning of the next
regular session of the General Assembly, the Governor shall submit the name of the
vacancy appointee to either house of the General Assembly as he elects and the procedure
prescribed in subsection (b) of this section shall be followed.
(d) No person who has been rejected by resolution of the house to which his name
has been submitted by the Governor shall serve in the office for which he was nominated
during the term of the house which rejected him.
(March, 1950, 1953, S. 29d; February, 1965, P.A. 574, S. 48; 1967, P.A. 656, S. 1; 1969, P.A. 481, S. 2; 1972, P.A.
294, S. 19; P.A. 87-159, S. 2; P.A. 91-1, S. 1, 2.)
History: 1965 act specified in Subsec. (c) the vacancy in office of department head be filled until sixth Wednesday of
next session of general assembly; 1967 act changed deadline from thirty days before adjournment to thirty days before the
first Wednesday after the first Monday in June; 1969 act made term of service "at the pleasure of the governor" but no
longer than expiration of original appointees term; 1972 act changed deadline to constitutional date for adjournment; P.A.
87-159 amended Subsec. (a) to change reporting deadline for executive nominations committee from ten legislative days
from date of reference to fifteen calendar days from date of reference, to change deadline for confirmation or rejection by
house from "before the first day of March" to "within ten calendar days of the committee's report", and to change date on
which nominee takes office from day of confirmation to March first, except as provided in Sec. 4-6; P.A. 91-1 added
Subdiv. (2) to Subsec. (b) re powers of nominee filling vacancy occurring prior to March first during first regular session
following election of new governor.
Cited. 184 C. 1, 7.
Each department head shall be qualified by training and experience for the duties of his office. Each
department head shall act as the executive officer of the Governor for accomplishing
the purposes of his department. He shall conduct comprehensive planning with respect
to the functions of his department and coordinate the activities and programs of the state
agencies therein. He shall cause the administrative organization of said department to
be examined with a view to promoting economy and efficiency. He shall organize the
department and any agency therein into such divisions, bureaus or other units as he
deems necessary for the efficient conduct of the business of the department and may
from time to time abolish, transfer or consolidate within the department or any agency
therein any division, bureau or other unit as may be necessary for the efficient conduct
of the business of the department, provided such organization shall include any division,
bureau or other unit which is specifically required by the general statutes. Each department head may appoint such deputies as may be necessary for the efficient conduct of
the business of the department. Each department head shall designate one deputy who
shall in the absence or disqualification of the department head or on his death, exercise
the powers and duties of the department head until he resumes his duties or the vacancy
is filled. Such deputies shall serve at the pleasure of the department head. Such appointees shall devote their full time to their duties with the department or agency and
shall engage in no other gainful employment. Subject to the provisions of chapter 67,
each department head shall appoint such other employees as may be necessary for the
discharge of his duties. He is empowered to make regulations for the conduct of his
department. Each department head may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his
duties. Subject to the provisions of section 4-32, and unless otherwise provided by law,
each department head is authorized to receive any money, revenue or services from the
federal government, corporations, associations or individuals, including payments from
the sale of printed matter or any other material or services. Each department head may
create such advisory boards as he deems necessary.
(March, 1950, S. 30d; February, 1965, P.A. 434; 1969, P.A. 481, S. 3; P.A. 76-239, S. 1, 2; P.A. 77-614, S. 6, 610.)
History: 1965 act specified deputy to act in case of death of department head and that his duties are to terminate when
department head resumes his duties or vacancy is filled; 1969 act made deputy department heads subject to provision
limiting terms of service to four years at governor's pleasure; P.A. 76-239 gave department and agency heads power to
enter into contracts; P.A. 77-614 rewrote provisions regarding deputy, personal secretary and departmental organization,
deleted references to agencies and empowered department heads to create advisory boards.
Cited. 151 C. 680. Cited. 177 C. 344, 345. Cited. 184 C. 1, 7, 8.
Cited. 36 CS 586, 589, 595.
Subsec. (a):
Cited. 177 C. 344, 346, 347.
The Governor shall commission all
officers appointed by him or elected by the General Assembly or by any other authority
when a commission is necessary; and shall, when necessary, give certificates of appointment under the seal of the state.
(1949 Rev., S. 97.)
Cited. 135 C. 655.
Sec. 4-9a. Appointment of chairpersons and executive directors of boards and
commissions. Public members; proportion; definitions; exception. Members;
terms. (a) The Governor shall appoint the chairperson and executive director, if any,
of all boards and commissions within the Executive Department, except the Board of
Governors of Higher Education, provided the Governor shall appoint the initial chairman
of said board as provided in section 10a-2, the State Properties Review Board, the State
Elections Enforcement Commission, the Commission on Human Rights and Opportunities, the State Ethics Commission, the Commission on Aging and the Commission on
Fire Prevention and Control.
(b) Public members shall constitute not less than one-third of the members of each
board and commission within the Executive Department, except the Gaming Policy
Board and the Commission on Human Rights and Opportunities. Public member means
an elector of the state who has no substantial financial interest in, is not employed in or
by, and is not professionally affiliated with, any industry, profession, occupation, trade
or institution regulated or licensed by the relevant board or commission, and who has
had no professional affiliation with any such industry, profession, occupation, trade or
institution for three years preceding his appointment to the board or commission. Except
as otherwise specifically provided by the general statutes, this section shall not apply
to the Commission on Fire Prevention and Control, boards and commissions the membership of which is entirely composed of state department heads, elected officials or
deputies appointed by such department heads or where the membership of such board
or commission is determined in accordance with the provisions of any federal law.
(c) Notwithstanding any provision of law to the contrary, the term of each member
of each board and commission within the executive branch, except the State Board of
Education, the Board of Governors of Higher Education, the Gaming Policy Board,
the Commission on Human Rights and Opportunities, the State Elections Enforcement
Commission, the State Properties Review Board, the State Ethics Commission, the Commission on Medicolegal Investigations, the Psychiatric Security Review Board, the
Commission on Fire Prevention and Control, the E 9-1-1 Commission, the State Commission on the Arts, the Commission on Aging, the board of trustees of each constituent
unit of the state system of higher education and the Board of Parole, commencing on
or after July 1, 1979, shall be coterminous with the term of the Governor or until a
successor is chosen whichever is later.
(d) Each member of each board and commission within the executive branch shall
serve at the pleasure of the appointing authority except where otherwise specifically
provided by any provision of the general statutes.
(P.A. 77-614, S. 13, 587, 610; P.A. 79-404, S. 2, 45; 79-493, S. 8, 9; 79-560, S. 36, 39; P.A. 81-473, S. 2, 43; P.A. 82-
218, S. 34, 46; P.A. 84-241, S. 2, 5; 84-416, S. 14, 15; 84-511, S. 1, 15; 84-546, S. 8, 173; P.A. 85-300, S. 2, 3; 85-506,
S. 26, 32; P.A. 86-403, S. 7, 132; P.A. 93-219, S. 4, 14; 93-262, S. 27, 87; 93-435, S. 56, 95; May 25 Sp. Sess. P.A. 94-1,
S. 3, 130.)
History: P.A. 79-404 deleted references to commission on special revenue in Subsecs. (a) and (c) and substituted gaming
policy board for commission in Subsecs. (b) and (d); P.A. 79-493 included state ethics commission in Subsecs. (a), (c)
and (d); P.A. 79-560 included state elections commission in Subsecs. (a), (c) and (d); P.A. 81-473 exempted the commission
on medicolegal investigations from the general requirement that terms of members of boards and commissions be coterminous with that of the governor in Subsec. (d); P.A. 82-218 amended section to replace board of higher education with board
of governors, to provide for appointment of initial chairman to board of governors by the governor and to establish staggered
terms of office for the board of governors and the constituent unit boards of trustees, effective March 1, 1983; P.A. 84-
241 added "of higher education" to board's title; P.A. 84-416 exempted E 9-1-1 commission from provision requiring
terms of members be coterminous with governor's; P.A. 84-511 changed name of state elections commission to state
elections enforcement commission; P.A. 84-546 repealed formed Subsec. (c) re termination of the terms of members on
July 1, 1979, relettering former Subsecs. (d) and (e) accordingly; P.A. 85-300 amended Subsec. (c) to exempt the state
commission on the arts from the requirement that members' terms be coterminous with that of the governor; P.A. 85-506
amended Subsec. (c) to exempt the psychiatric security review board from provision requiring terms of members to be
coterminous with governor's; P.A. 86-403 made technical change in Subsec. (b); P.A. 93-219 amended Subsec. (c) to
exempt the Board of Parole from the requirement that members' terms be coterminous with that of the governor, effective
July 1, 1994; P.A. 93-262 added commission on aging to the lists in Subsecs. (a) and (c) added the words "executive
director of" before the words "state ethics commission", effective July 1, 1993; P.A. 93-435 made technical change re
placement of phrase "executive director of" added by P.A. 93-262, effective June 28, 1993; May 25 Sp. Sess. P.A. 94-1
amended Subsec. (a) by eliminating reference to the executive director of the Commission on Aging, effective July 1, 1994.
See Sec. 28-25 et seq. re state-wide emergency 9-1-1 telephone system.
Subsec. (b):
Cited. 22 CA 181, 185.
Sec. 4-9b. Membership of boards, commissions, committees and councils:
Qualifications, gender and racial diversity required considerations. Report. Right
of action. (a) Appointing authorities, in cooperation with one another, shall make a
good faith effort to ensure that, to the extent possible, the membership, except the ex-
officio membership, of each state appointive board, commission, committee and council
having members appointed by the Governor or appointed by members of the General
Assembly is qualified and more closely reflects the gender and racial diversity of the
state. If there are multiple appointing authorities for a board, commission, committee
or council, the appointing authorities shall inform each other of their appointees or
planned appointees in order to facilitate compliance with this section.
(b) The executive officer or chairperson of each state appointive board, commission,
committee and council having members appointed by the Governor or appointed by
members of the General Assembly, except committees whose membership consists
solely of members of the General Assembly, shall report in writing to the Secretary of
the State on or after September first, but not later than October 1, 1993, and biennially
thereafter, (1) the number of members of such body and (2) the composition of the body
according to the term "race/sex", as defined in the regulations of the Commission on
Human Rights and Opportunities. Such report shall not include the names of the individual members of the board, commission, committee or council. The Secretary of the State
shall receive and maintain the reports submitted pursuant to this subsection as public
records.
(c) No provision of this section shall (1) prohibit an individual from completing a
term as a member of a state appointive board, commission, committee or council being
served on July 2, 1993, or (2) create a private right of action.
(P.A. 93-424, S. 1, 2.)
History: P.A. 93-424 effective July 2, 1993.
Sec. 4-9c. Confirmation process for appointments to boards of trustees and
Board for State Academic Awards. Appointments made by the Governor to the boards
of trustees of the constituent units of the state system of higher education and to the
Board for State Academic Awards shall be subject to the confirmation process described
in section 4-7.
(P.A. 94-97, S. 3, 4.)
History: P.A. 94-97 effective May 25, 1994.
Sec. 4-9d. Designation of replacement members on governmental bodies.
When required officials unable or choose not to serve. (a) Unless otherwise provided
by law, an elected or appointed officer of the executive or judicial branch who, as such
officer, is required to serve on a board, commission, council, authority, task force or
other body, and is unable or chooses not to so serve, may designate a person to serve
on such body in his place, provided (1) an officer may only designate another officer
of his agency and (2) an officer who is required by law to serve as a chairperson or
presiding officer of such body shall not designate a person to serve on such body in his
place.
(b) As used in this subsection, "legislative leader" means: (1) For members of the
majority party of the Senate, the president pro tempore of the Senate; (2) for members
of the minority party of the Senate, the minority leader of the Senate; (3) for members
of the majority party of the House of Representatives, the speaker of the House of
Representatives; (4) for members of the minority party of the House of Representatives,
the minority leader of the House of Representatives. Unless otherwise provided by law,
when a member of the General Assembly who, as such member, is required to serve on
a board, commission, council, authority, task force or other body, and is unable or
chooses not to so serve, the legislative leader of such member may designate another
member of the General Assembly to serve on such body in the place of such member,
except that if such member is required by law to serve as a chairperson or presiding
officer of such body, the legislative leader of such member shall not designate another
member to serve on such body in the place of such member.
(P.A. 95-38, S. 2.)
In the appointment of any member or members of any board or commission, which member or members are required by statute to be appointed by the Governor, any list from which any
nominee may be selected, required to be presented to the Governor, shall continue to
be submitted to him; but, in making any such appointment, the Governor may select
the nominee from such list or otherwise as he deems for the best interests of the state.
(1949 Rev., S. 93.)
See Sec. 9-167a re minority representation.
When the Governor has reason
to believe that any officer or commissioner of the Executive Department who is appointed or nominated by the Governor, with or without confirmation of the General
Assembly or either house thereof, or any duly authorized deputy of such officer, is guilty
of misconduct, material neglect of duty or incompetence in the conduct of his office,
he shall serve upon such officer, commissioner or deputy a notice of the charges preferred
against him, of the time, within ten days of the service of such notice, when such officer,
commissioner or deputy will be given a hearing by him on such charges and of the
place where such hearing will be held. The Governor may suspend any such officer,
commissioner or deputy from office pending his decision on such charges upon including in the notice required herein his order of such suspension.
(1949 Rev., S. 83; 1969, P.A. 481, S. 4.)
History: 1969 act deleted reference to deputy commissioners.
See Sec. 4-12a re limitation on Governor's power to suspend administrative officers.
Whenever the Governor is
of the opinion that any such officer, commissioner or deputy has been or is guilty of
misconduct, material neglect of duty or incompetence in the conduct of his office, he
shall transmit all facts and information in his possession relating thereto to the Attorney
General, who shall thereupon make such investigation as he deems proper, and shall
prepare a statement in writing of the charges against such officer, commissioner or
deputy, together with a citation, in the name of the state, commanding him to appear
before the Governor at a date named therein and show cause, if any there be, why he
should not be removed from office as hereinafter provided. The Attorney General shall
cause a copy of such statement and citation to be served, by some proper officer or
indifferent person, upon such officer, commissioner or deputy and shall cause a copy
thereof, together with a return of the service by the officer or indifferent person making
the same endorsed thereon, to be filed in the office of the Secretary. Such officer, commissioner or deputy shall have the right to appear with counsel and witnesses and be
fully heard. To carry into effect the proceeding authorized by this section, the Attorney
General shall have power to summon witnesses, require the production of any necessary
books, papers or other documents and administer oaths to witnesses, and, upon the day
named in such citation for the appearance of such officer, commissioner or deputy or
at any adjourned date fixed by the Governor, shall appear and conduct the hearing in
behalf of the state. He shall cause all oral evidence submitted at such hearing to be
reported by a competent stenographer and for such purpose may employ such stenographer at the expense of the state, and, within fifteen days after the close of any such
hearing, he shall cause a certified copy of such evidence to be filed with the Secretary.
After a full hearing of all the evidence offered by the Attorney General and by or in
behalf of any such officer, commissioner or deputy, the Governor shall make a written
statement of the facts which he finds to have been proven, and shall, within a reasonable
time, file a copy of such finding, duly attested by him, with the Secretary. If the Governor
finds that the evidence warrants the removal of such officer, commissioner or deputy
from office, he shall make a written order to that effect, and shall cause a copy thereof
to be left with or at the usual place of abode of such officer, commissioner or deputy
and shall also file a copy thereof with the Secretary. Upon the filing of such copy with
the Secretary, the office held by such officer, commissioner or deputy shall become
vacant, and the Governor shall thereupon proceed to fill or cause to be filled such vacancy
in the manner provided by law. Any witness summoned and any officer or indifferent
person making service under the provisions of this section shall be allowed and paid by
the state the same fees as are allowed by law in criminal prosecutions.
(1949 Rev., S. 94; 1961, P.A. 517, S. 84; 1969, P.A. 481, S. 5.)
History: 1961 act deleted county commissioners; 1969 act replaced specific references to deputy commissioner with
more general "deputy".
See Sec. 4-12a re limitation on Governor's power to remove administrative officers.
Sec. 4-12a. Governor's powers of suspension or removal under sections 4-11
and 4-12 not applicable to deputies appointed by department heads. Sections 4-11
and 4-12 shall not apply to department heads or deputies appointed by such department
heads.
(1969, P.A. 481, S. 6; P.A. 77-614, S. 7, 610.)
History: P.A. 77-614 included deputies in exemption.
In case of contumacy by any person or his refusal to obey
a subpoena issued to him under section 4-12, any court of this state, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which such person
guilty of contumacy or of refusal to obey is found or resides or transacts business, upon
application by the Attorney General, shall have jurisdiction to issue to such person an
order requiring him to appear before the Governor, there to produce evidence if so
ordered or there to give testimony concerning the matter under investigation or in question; and any person failing to obey such order of the court may be punished by such
court as for contempt thereof. Any person who, without just cause, fails to attend and
testify or to answer any lawful inquiry or to produce books, papers, correspondence,
memoranda or other records, if it is in his power so to do, in obedience to any such
subpoena, shall be fined not more than two hundred dollars or imprisoned not more than
six months or both.
(1949 Rev., S. 95.)
Whenever any
elective state officer or his deputy or any state commissioner or his deputy is subpoenaed
to appear before any court in any matter involving the state, he may delegate any assistant
having knowledge of the facts in issue to appear for him, unless such summons is issued
by a judge of the court before which such matter is pending, requiring the personal
appearance of said commissioner.
(P.A. 73-366.)
Cited. 207 C. 77, 86.
Upon request by any elected state officer, by either auditor
of public accounts or by the Governor's executive secretary, the Comptroller shall pay
to such officer, auditor or secretary, for transportation for each day's attendance at his
office in the Capitol, an allowance per mile on the same basis as provided for members
of the General Assembly under the provisions of section 2-15, which shall be charged
by the Comptroller against the amount allotted for the expenses of such officer when
an allowance for expenses is made.
(1949 Rev., S. 198; 1949, S. 68d; 1957, P.A. 3, S. 1.)
See Sec. 3-9 re provision of automobile for Governor's use.
Except as provided in sections 2-15 and 4-14, the Comptroller shall not draw any order on the Treasurer for any
sum to cover any charge for expense for travel to and from his home and the Capitol,
or any personal expense while at the Capitol, of any officer or employee of the state
having an office in the Capitol; or for any sum charged for clerical services rendered
such officer or employee other than services rendered at the office of such officer or
employee at the Capitol, except for clerical or special services approved by the Commissioner of Administrative Services.
(1949 Rev., S. 199; P.A. 77-614, S. 79, 610.)
History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services.
Expenses incurred in the discharge of their
official duties by directors of state institutions, members of state boards, commissioners,
deputy commissioners and executive heads of state departments and by their subordinates under their direction shall be paid by the state.
(1949 Rev., S. 274.)
The state shall protect, save
harmless and indemnify all department heads as defined in section 4-5, and the Adjutant
General from financial loss and expense, including legal fees and costs, if any, arising
out of any claim, demand, suit or judgment by reason of alleged negligence or other act,
resulting in accidental bodily injury to or death of any person, or in accidental danger
to or destruction of property, or any other acts resulting in any injury, which acts are
not wanton, reckless, or malicious, provided such person at the time of the acts resulting
in such injury, damage or destruction, was acting in the discharge of his duties or within
the scope of his employment.
(P.A. 74-236, S. 1, 2; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 77-614 and P.A. 78-303 changed state police commissioner to commissioner of public safety but separate
reference to the commissioner was dropped as no longer necessary, see Sec. 4-5.
The office of any trustee or director of any institution receiving state aid, appointed
by the Governor or the General Assembly, who, for a period of two successive years,
has failed to attend any of the meetings of the board of trustees or directors of which
he is a member, shall be vacant, provided such trustee or director shall have had notice
of each of such meetings; and, unless otherwise provided by statute, regulation or bylaw
governing such board of trustees or directors, such board shall fill such vacancy.
(1949 Rev., S. 288.)
The Governor may accept the resignation of any officer whose successor, in case of vacancy in office, he has power to nominate or appoint.
(1949 Rev., S. 91.)
Where commissioner's findings and conclusions of law did not include a finding of the intent necessary to constitute
a violation of a statute, appeal from his decision will be sustained. 167 C. 493.
When the General Assembly is not in
session and when no other provision has been made for filling any vacancy in an office,
appointment to which is made by the General Assembly or either branch thereof, whether
or not on nomination by the Governor, or appointment to which is made by the Governor
with the advice and consent of the General Assembly or either branch thereof, the Governor may fill the same until the sixth Wednesday of the next regular session of the General
Assembly, and until a successor is elected or appointed and has qualified. The Governor
may fill any vacancy in any office to which he has power of appointment, provided the
Governor may not appoint a person who was nominated for an appointment subject to
the advice and consent of the General Assembly or either branch thereof and whose
nomination was rejected by the General Assembly or either branch thereof during the
last preceding regular session of the General Assembly to the same or similar vacancy
unless the General Assembly is in regular session.
(1949 Rev., S. 92; 1967, P.A. 165, S. 1; P.A. 77-604, S. 2, 84; P.A. 93-154, S. 4, 5.)
History: 1967 act restated provisions clarifying applicability to vacancies in offices filled by general assembly appointment "whether or not on nomination by the governor"; P.A. 77-604 made no changes; P.A. 93-154 specified that applicable
ending date of gubernatorial appointments occurs during regular general assembly sessions and prohibited governor from
filling vacancy with person rejected by general assembly unless general assembly in regular session, effective July 1, 1993.
See Sec. 4-7(c) re vacancies in offices of department head.
Applies to judges and county commissioners; when vacancy deemed to exist. 87 C. 547; id., 596; 133 C. 54. Cited. 120
C. 435; 132 C. 521, 523, 525. Terms of judges appointed for two-year term could not be extended and governor had power
to fill vacancies. 135 C. 638. Cited. 136 C. 318. Ineffective to extend term of office of municipal court judge beyond two
years provided by twentieth amendment. 138 C. 153. Words "originally filled by the general assembly" construed. 144 C.
612, 621, 624.
Governor's authority to fill a vacancy in the civil service. 8 CS 172.
(a) The State Insurance and
Risk Management Board shall, not later than October 1, 1974, and quadrennially thereafter, set the penalties of the bonds of the following officers, having due regard for the
duties and responsibilities of said officers, for four-year terms concurrent with their
respective terms of office: The Secretary of the State and those department heads listed
in section 4-5. Said officers shall, before entering upon the performance of the duties
of their office, give their official bonds in the penalty fixed by the board. The premium
for said bonds shall be paid by the state.
(b) All state officers, state employees and other persons, other than those listed in
subsection (a), who in the opinion of the board should be bonded, shall be bonded, the
amount, condition and form to be determined by the board. Bonds taken pursuant to
this subsection shall be purchased by the board, at the request of the Comptroller at state
expense from a company or companies authorized to issue such bonds and having an
office and licensed to do business in this state. The Comptroller may, at any time, request
that any such bond be cancelled or terminated and any rebate of premium thereon shall
be returned to the Comptroller for deposit in the General Fund.
(c) All bonds required by this section shall be approved as to form by the Attorney
General and shall be filed in the office of the Secretary of the State, except that bonds
of the Secretary of the State and his deputy and subordinates shall be kept by the Treasurer. A record shall be made in the office of the Secretary of the State, giving the name
of the officer, employee, agency or person for whom each bond is issued, the name of
the company issuing the same and the number, date and time of expiration thereof, and
of any certificate renewing such bond.
(June, 1955, S. 102d; 1972, P.A. 241, S. 1; P.A. 77-563, S. 1, 5; P.A. 99-51, S. 3, 9; 99-145, S. 16, 23.)
History: 1972 act deleted former Subsec. (a), relettered remaining Subsecs. accordingly, replaced committee on bonding
of state officers and employees with state insurance purchasing board and changed deadline from October 1, 1966, to
October 1, 1974; P.A. 77-563 made board rather than comptroller responsible for purchasing bonds and made provision
for placing refunds of cancelled bonds in general fund; P.A. 99-51, effective May 27, 1999, and P.A. 99-145, effective
June 8, 1999, both amended Subsec. (a) to substitute "State Insurance and Risk Management Board" for "State Insurance
Purchasing Board".
See Sec. 4-54 re bond requirement for persons acting as treasurers of activity funds.
Sec. 4-21. Commissioners empowered to take acknowledgment of deeds and
other instruments for Connecticut. Prior to October 1, 1995, the Governor may appoint and commission a convenient number of commissioners in each of the other states
of the United States, in any territory thereof and in the District of Columbia, for the
term of five years, commencing with the date of their respective commissions, unless
the appointments and commissions are sooner revoked. Each commissioner so appointed and commissioned shall have power to take the acknowledgment of deeds and
of any instruments required by the laws of this state to be acknowledged, to administer
oaths or affirmations, examine witnesses and take depositions relating to any cause
pending, or to be brought, in any of the courts of this state; but no commissioner shall
act as such until he has filed with the Secretary an affidavit, signed and sworn to by him
before proper authority, that he will faithfully perform his duties as such commissioner.
Each commissioner so appointed and commissioned who has filed such an affidavit
prior to October 1, 1995, and whose commission has not been revoked, shall continue
to serve as such commissioner until the expiration of said commission or until said
commission is revoked, whichever is earlier.
(1949 Rev., S. 87, 88; P.A. 95-76, S. 5.)
History: P.A. 95-76 authorized appointments only "Prior to October 1, 1995," and added provision re service by commissioners filing affidavits prior to said date.
The Governor shall appoint one or more state chemists,
who shall be sworn and shall hold office for two years, unless sooner removed by him,
and who shall perform such duties as are or may be prescribed by law. The Governor,
within ten days after such appointment, and the officer who administers the oath of
office to any such state chemist, within ten days thereafter, shall each certify his action
to the Secretary, who shall make a record thereof and may thereupon certify that such
person has been appointed and sworn as a state chemist.
(1949 Rev., S. 89.)
A state chemist shall receive, for each analysis
made and recorded, ten dollars, and for copies of record, the same fees as clerks of
courts; provided, when any analysis is made by order of court, the fees therefor and for
a copy of record shall be taxed as a part of the costs; but any analysis made for private
parties shall be paid for by them at such rate as is agreed upon.
(1949 Rev., S. 3590.)
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