Could an employee of a Hartford Regional Market tenant fill a public seat on its governing board?

Plain-English summary

In 2008, the Connecticut Marketing Authority asked whether someone who worked for a Hartford Regional Market tenant could occupy a public member seat on the Authority's board. Attorney General Richard Blumenthal said no. The person's employment or leadership position with a regulated tenant kept them outside the statutory public-member category. A tenant representative could instead serve in one of the seats reserved for market tenants and appointed by the governor.

The distinction mattered because the Authority set lease terms, rental charges, and operating rules for market tenants. The AG read the board-composition statute alongside the general definition of a public board member, which excluded people employed by an institution regulated by the board.

Currency note

This opinion was issued in 2008. 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.

Market tenants and their employees at the time

The opinion said an officer or employee of a tenant could serve on the board "only if appointed by the Governor as 'tenant board members.'" It did not say such people were barred from every board position; the public seats and tenant seats had different eligibility rules.

Appointing officials and Authority members at the time

The AG treated the public-member definition in Conn. Gen. Stat. 4-9a(b) as a guide for the Authority's board. Because the Authority regulated market tenants through leases and rules, tenant officers and employees did not qualify as public members. The legislature had separately created two tenant seats to provide representation.

Common questions

Q: Could a Hartford Regional Market tenant employee occupy a public board seat in 2008?
A: The AG said no. Employment by a tenant regulated by the Authority conflicted with the statutory public-member definition.

Q: Could a tenant employee serve on the board at all?
A: Yes, in a tenant seat appointed by the governor under the statute the opinion analyzed.

Q: Why did the AG treat the tenant as regulated by the Authority?
A: The Authority controlled market leases, charges, and operating rules. That brought tenant officers and employees within the public-member restriction discussed in the opinion.

Background and statutory framework

Conn. Gen. Stat. 22-63 prescribed the Authority's board composition, including public members, agency officials, and two gubernatorial appointees who were market tenants. The AG looked to Conn. Gen. Stat. 4-9a(b)'s definition of a public member and to Conn. Gen. Stat. 22-64's description of the Authority's powers over tenants. He concluded that the tenant interest was compatible with the specially designated tenant seats, not the public seats.

Citations and references

Statutes cited in the opinion: Conn. Gen. Stat. 22-63; Conn. Gen. Stat. 4-9a(b); Conn. Gen. Stat. 22-64.

Case cited in the opinion: Hatt v. Burlington Coat Factory, 263 Conn. 279, 819 A.2d 260 (2003).

Source

• Landing page: https://portal.ct.gov/AG/Opinions
• Opinion page: https://portal.ct.gov/ag/opinions/2008-formal-opinions/honorable-f-philip-prelli-department-of-agriculture-formal-opinion-2008009-attorney-general-state-of

Original opinion text

Honorable F. Philip Prelli, Department of Agriculture, Formal Opinion 2008-009, Attorney General State of Connecticut

Attorney General's Opinion

Attorney General, Richard Blumenthal

May 1, 2008

Honorable F. Philip Prelli

Department of Agriculture

165 Capitol Avenue

Hartford, CT 06106

Dear Commissioner Prelli:

On behalf of the Connecticut Marketing Authority ("the Authority"), of which you are a member and chairman, you ask whether an individual who is an officer or employee of a tenant of the Hartford Regional Market may serve as a "public member" of the Authority's board of directors. You question whether appointment of such an individual to the board conflicts with Conn. Gen. Stat. 22-63 and 4-9a(b).

We conclude that an officer or employee of a tenant of the Hartford Regional Market may not serve as a "public member" of the Authority's board, but may be appointed by the Governor as a tenant member of the board.

Conn. Gen. Stat. 22-63 describes the composition of the Authority board of directors as follows:

Such authority shall consist of eleven members. The authority shall be composed of one public member from each congressional district of the state, two at-large public members, the Commissioner of Agriculture or his designee, and the Commissioner of Economic and Community Development or his designee. The Governor shall appoint three members of the authority and the president pro tempore of the Senate, the Senate minority leader, the speaker of the House of Representatives, and the minority leader of the House of Representatives shall each appoint one member. In addition, the Governor shall appoint two members of the authority who shall be tenants of the Hartford market facility.

According to the statute, the Authority's board shall consist of seven "public members," two state agency commissioners and two tenants of the Hartford market facility (the Hartford Regional Market) appointed by the Governor. Conn. Gen. Stat. 22-63 does not define the term "public member." The term "public member" is, however, defined in Conn. Gen. Stat. 4-9a(b), a statute that generally discusses the appointment of members of state boards and commissions. This definition is a useful guide for interpreting the language of Section 22-63 because there is a presumption that "laws are enacted in view of existing relevant statutes … and that statutes are to be interpreted with regard to other relevant statutes because the legislature is presumed to have created a consistent body of law." Hatt v. Burlington Coat Factory, 263 Conn. 279, 819 A.2d 260 (2003)(internal quotation marks omitted).

Section 4-9a(b) defines the term "public member" of boards and commissions as follows: "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…." Thus, according to the definition set forth in Section 4-9a(b), "public members" of a board or commission may not have a financial interest in or be employed by an institution regulated or licensed by the board or commission on which they serve.

Applying the definition of "public member" contained in Section 4-9a(b) to the provisions of Section 22-63 leads to the conclusion that officers or employees of tenants of the Hartford Regional Market cannot serve as "public members" of the Authority's board of directors.

Conn. Gen. Stat. 22-64 gives the Authority broad and extensive powers over marketing facilities and their tenants. According to that statute, the Authority has the power to grant or deny leases, determine the cost and length of such leases and the rental rates and charges "for stores, stall, space, buildings, equipment and other appurtenances, privileges and services furnished or performed, in or in connection with the market." The authority promulgates regulations "relating to the use and operation of the market and its premises, equipment and facilities… all in the interest of the public safety and convenience and to insure the most efficient and economical use of market property." The Authority may also impose penalties for the violation of its regulations, which penalties are subject to appeal to the superior court. Tenants of the Hartford market facility are, therefore, subject to regulation by the Authority and officers and employees of such tenants have a "financial interest in" or are "employed …by "an" institution regulated" by the Authority. Conn. Gen. Stat. 4-9a(b). Officers or directors of tenants of the Hartford market facility may not, therefore, be appointed as "public members" of the Authority's board.

This conclusion is consistent with the legislative history of Public Act 97-155, which added two tenant members to the board appointed by the governor. According to that legislative history, tenants of the Hartford market facility may only be appointed by the Governor as "tenant members" of the board: "What this amendment does is basically delete section one of the file copy and changes the composition of the board from nine members to eleven members. It basically adds, which is an addition of two new members who will be appointed by the Governor and they have to be tenants of the Hartford market facility. Basically giving tenant representation to the members on the board." Remarks of Representative Doyle, 40 H.R. Proc., Pt.9, 1997 Sess., pp. 3373-3374.

It is the opinion of this office, therefore, that officers or employees of tenants of the Hartford Regional Market may serve on the Authority's board only if appointed by the Governor as "tenant board members." Officers or employees of tenants of the Hartford market authority may not serve as "public members" of the Authority's board.

We trust this answers your questions.

Very truly yours,

RICHARD BLUMENTHAL

ATTORNEYGENERAL