Could a reelected Connecticut legislator become a state auditor before the current term ended?

Plain-English summary

In November 1992, Connecticut’s AG answered a timing question about appointing a sitting, reelected legislator as Auditor of Public Accounts. A prior opinion had addressed appointments to executive or judicial posts and said a legislator could not accept one until the current term ended. The auditor post was different because it belonged to the legislative branch. The AG said the constitutional dual-job ban did not apply to that kind of appointment, and the amended statute allowed a reelected member-elect to accept a state post during the interval after election and before the new legislative term began.

The AG said the person could resign member-elect status and accept the auditor post before starting the next term. Resignation from the current legislative term was not demanded by the two dual-job bans themselves. He nevertheless identified an inherent conflict in holding the current seat and the auditor position at the same time, and said resignation from the current seat appeared required for that separate reason.

Reelected legislators at the time

The opinion distinguished a legislative-branch appointment from the executive and judicial jobs addressed earlier. It also separated the statutory dual-job rule from the conflict created by simultaneous auditor and legislator service.

Legislative appointment officials at the time

The AG allowed appointment in the post-election window, subject to the member-elect resignation and the separate current-seat conflict he described.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the dual-job bans prevent a sitting legislator from becoming state auditor?
A: The AG said those bans did not reach this legislative-branch appointment under the law he analyzed.

Q: Could the member-elect accept the auditor post before the new legislative term?
A: Yes. The opinion said the member-elect could resign that status and accept the post before the next term commenced.

Q: Could the person keep serving in the current legislative seat while also serving as auditor?
A: The AG said the dual-job bans did not themselves demand resignation, but an inherent conflict of interest appeared to require it.

Background and statutory framework

Conn. Gen. Stat. § 2-5 was amended in 1985 to allow the post-election appointment window for reelected members. The AG distinguished the constitutional ban on executive or judicial positions from a legislative-branch auditor appointment. He pointed to Conn. Gen. Stat. § 2-90 when discussing the separate conflict of interest.

Citations and references

Statutes: Conn. Gen. Stat. § 2-5; Conn. Gen. Stat. § 2-90.

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/1992-formal-opinions/honorable-john-b-larson-senate-president-pro-tempore-1992030-formal-opinion-attorney-general-of-conn

Original opinion text

Honorable John B. Larson, Senate President Pro Tempore, 1992-030 Formal Opinion, Attorney General of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

November 5, 1992

Honorable John B. Larson

Senate President Pro Tempore

Legislative Office Bldg., Room 3300

Hartford, CT 06106

Dear Senator Larson:

We are in receipt of your letter dated October 28, 1992, in which you ask, whether, under Conn. Const. Art. III, § 11 and Conn. Gen. Stat. § 2-5, the so-called "dual job bans," a member-elect of the General Assembly may assume the duties of an appointed position in the legislative branch prior to the completion of his current legislative term. We understand that the Joint Committee on Legislative Management has the authority to make a vacancy appointment to the position of Auditor of Public Accounts pursuant to Conn. Gen. Stat. § 2-89 and is contemplating filling the position-with a legislator, currently serving in the General Assembly, who was seeking reelection on November 3, 1992.

In an opinion dated January 5, 1987, this office reviewed Conn. Gen. Stat. § 2-5 as amended by P.A. 85-489, § 4, and Conn. Const. Article III, § 11. In that opinion we concluded that a member-elect of the General Assembly already serving as a member of the General Assembly, might be appointed in the "window-period" between election day and the completion of his current term to a position in the "executive or judicial branches without violating the § 2-5 dual job ban. Because of § 2-5 and Conn. Const. Art. III, § 11, it was further concluded, however, that the legislator could not accept an executive or judicial post until after the "completion of the current term; that is, after the first Wednesday in January of the odd-numbered year.'

The present question, in distinction to the prior opinion, does not deal with the issue of a current legislator's appointment to an executive or judicial position. Instead you inquire whether "such an appointee to a legislative position may accept and hold this position during his current term, so long as he resigns from his current term and so long as he resigns as a member-elect of the General Assembly?

We agree with the analysis contained in your letter. The constitutional dual job ban (Art. III, § 11) does not apply to the acceptance of appointments by legislators of positions in the legislative branch. Nor is there a legislator-elect from being appointed to any State office, including Auditor.

As originally enacted in 1951 Conn. Gen. Stat. § 2-5 was intended to block any appointment to state office during a current legislator's term. Nor could a legislator resign in order to avoid the strictures of the provision. See discussion at page 2 of our January 5,1987, advice.

As the legislative history indicates, the 1985 amendment was specifically designed to exempt members who have been reelected from these prohibitions during the window period between this election and the beginning of their next legislative term. See House Proceedings, 1985, pp. 5718-5731. Therefore, the member-elect may resign his member-elect status and accept the post of Auditor at any time before he commences his new term in the General Assembly.

In your question you further suggest that, at the time of acceptance, the legislator should resign as well from his current term. In our January 5, 1987, advice, we concluded that a resignation from the current term was ineffective and the Constitution prohibited acceptance until the completion of that term. In the context of this legislative appointment which you are contemplating, however, neither the statutory nor the constitutional bans are applicable. Therefore, the current legislator's resignation is not mandated by the two "dual job bans.'

The resignation from the current term does appear to be required due to an inherent conflict of interest which might exist were the legislator to hold both his current legislative positionand the position of Auditor. See Conn. Gen. Stat. § 2-90.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEY GENERAL

Henry Cohn

Assistant Attorney General

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