You asked whether the attorney general has the authority to settle cases when he is representing state agencies and employees. Our office is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

The attorney general has explicit statutory authority to settle any lawsuit against a state agency, officer, or employee that starts with the claims commissioner and that either the General Assembly or the claims commissioner authorizes to be brought to court.

While most claims against a state agency, official, or employee must first go to the claims commissioner, the General Assembly has established six categories of cases that may go directly to court. In five of these categories, the attorney general lacks the explicit statutory authority to settle that he enjoys with respect to cases that originate with the claims commissioner. These cases appear to be governed by the statute giving the attorney general the authority to have "general supervision" over them. Richard Kehoe of the attorney general's office advised us that the attorney general believes he has authority under this "general supervision" statute to settle cases. He also informed us that in practice, the attorney general works with the agency head or official to reach a consensus as to the appropriate settlement amount.

The sixth category of case that can go directly to court involves lawsuits against the transportation commissioner for damages due to defective roads and bridges. This law gives the transportation commissioner the authority to settle with the attorney general' approval and the court's consent.

The statutes provide no explicit guidance with respect to the attorney general's authority to settle lawsuits filed under federal statutes or the constitution. Apparently, the statute that gives the attorney general "general supervision" over lawsuits filed against state agencies and officials would cover these cases also.

Regardless of which statute the attorney general relies on for his authority to settle cases, the statutes prohibit him from settling a case for more than $ 2,500,000 without the General Assembly's approval.

ATTORNEY GENERAL'S STATUTORITY AUTHORITY TO SUPERVISE AND SETTLE CASES

The attorney general has general supervision over all legal matters in which the state is an interested party. He must appear for the state, the governor, the lieutenant governor, the secretary of the state, the treasurer and the comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, auditors, chemists, directors, harbor masters, committees, and institutions and for the state librarian in all suits and other civil proceedings (CGS § 3-125). The attorney general must provide all legal services these officers and boards require in matters relating to their official duties.

The General Statutes explicitly authorize the attorney general to settle any lawsuit that the claims commissioner or the General Assembly authorizes to be filed (CGS § 4-160(h)).

The attorney general may not enter into any agreement or stipulation in connection with a lawsuit to which the state is a party that contains any requirement for an expenditure from the General Fund budget in an amount in excess of $ 2,500,000 unless the General Assembly, by resolution, accepts it. The General Assembly may reject it by a three-fifths vote of each house. It is deemed approved if the General Assembly fails to vote to approve or reject it within 30 days after the attorney general submitted it (CGS § 3-125a).

CLAIMS COMMISSIONER LAW (CGS § 4-141 ET SEQ. )

This law requires those with claims against the state to go to the claims commissioner unless their case falls within an exception established by law. (We have enclosed a copy of a recent OLR report that summarizes the claims commissioner law in some detail (95-R-1269)).

A claims commissioner, appointed by the governor with the advice and consent of the General Assembly, hears and determines claims against the state. The law defines a claim as a petition for the payment or refund of money by the state or for permission to sue the state.

The law excepts: (1) claims for the periodic payment of disability, pension, retirement, or other employment benefits; (2) claims that the law allows to go directly to court; (3) claims for which an administrative hearing procedure is established by law; (4) requests by political subdivisions for the payments of grants in lieu of taxes; and (5) claims for tax refunds (CGS § 4-142).

Any claim that can be presented to the claims commissioner cannot be presented against the state in any other way.

Notice of Claim (CGS § 4-147)

Anyone who wants to present a claim against the state must file
a notice with the clerk of the Office of the Claims Commissioner. This notice must contain:

1. the name and address of the claimant and his attorney if he
is represented;

2. a concise statement of the basis of the claim, including the date, time, place, and circumstances of the act or event complained of;

3. the amount requested; and

4. a request for permission to sue the state, if such permission
is sought.

Representation by the Attorney General (CGS § 4-149)

The attorney general must review each claim to determine whether the protection of the state's interest requires his representation. In reaching this decision, he must consider the sum involved, the legal significance of the claim as a precedent, and the complexity of the legal and factual issues presented. He must notify the claims commissioner and the agency or department involved within 90 days if he decides not to intervene. If he decides to oppose a claim, he must file a notice with the clerk including a concise statement of his objections. The clerk must promptly send a copy to the claimant. If he decides not to represent the state, the state agency or department involved must represent the state.

Authorizations of Lawsuits Against the State (CGS §§ 4-159 and
-160)

The General Assembly or the commissioner can authorize a claimant to sue the state when they deem it just and equitable and when the claim, in their opinion, presents an issue of law or fact under which the state, were it a private person, could be liable. The state waives its immunity from liability and all defenses that might arise from the governmental nature of the activity complained of. The rights and liability of the state in these lawsuits are the same as those of private persons in similar circumstances.

The lawsuit must be filed within one year after it was authorized. It must be tried by the court without a jury.

The law gives the attorney general the authority to compromise or settle any such lawsuit (CGS § 4-160(h)).

STATUTES AUTHORIZING LAWSUITS

The legislature allows injured people to go directly to court in the following circumstances without going to the claims commissioner.

CGS § 4-61 which authorizes those who have entered into a highway or public works contract with the state to bring disputed claims directly to court.

CGS § 19a-24 authorizes claims in excess of $ 1,500 against the commissioners of public health and mental retardation and their staffs to be brought as a lawsuit in Superior Court. The attorney general must defend and damages are paid by the state. This law also authorizes lawsuits against certain other state entities such as the Council on Mental Retardation. Claims of $ 1,500 or less must be brought to the claims commissioner. This statute does not explicitly mention the attorney general's authority to settle the case. But it does refer to his authority to supervise lawsuits against the state.

CGS § 4-197 authorizes those who are aggrieved by a violation of the law protecting the privacy of personal data about state employees to sue for damages.

CGS § 13a-144 authorizes those injured by a defective road or bridge to sue the commissioner of transportation for damages (the defect must be the sole proximate cause). It gives the transportation commissioner the authority to settle such cases, with the attorney general's consent and the court's approval.

CGS § 17a-550 allows a person injured by a violation of the patient's bill of rights for mentally ill people to sue the state or its commissioners for damages (Mahoney v. Lesnick, 213 Conn. 548 (1990)).

CGS § 52-556 allows anyone injured because of the negligence of any state official or employee operating a state owned and insured motor vehicle to sue the state for damages.

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