The Connecticut General Assembly
Joint Committee on Legislative Management
Martin M. Looney Joe Aresimowicz Senate President Pro Tempore Speaker of the House
Bob Duff, Senate Majority Leader Matthew Ritter, House Majority Leader Leonard Fasano, Senate Republican Leader Themis Klarides, House Republican Leader
Jim Tamburro Executive Director
REQUEST FOR PROPOSAL
TRANSCRIPTION SERVICES JCLM21REG0017
PROPOSAL DUE DATE: 11/3/2020 TIME: 12:00 pm (noon)
Suite 5100 * Legislative Office Building * Hartford, CT 06106-1591 * (860) 240-0100 * fax (860) 240-0122 * [email protected]
TABLE OF CONTENTS
PART A CONTRACT INFORMATION ...... 1
A.1 CONNECTICUT GENERAL ASSEMBLY ...... 1 A.2 OFFICIAL AGENCY CONTACT INFORMATION ...... 1 A.3 STATE CONTRACTING PORTAL ...... 1 A.4 TERM OF CONTRACT ...... 1 A.5 PROCUREMENT TIMELINE ...... 1 PART B SCOPE OF WORK ...... 2
B.1 PROCEEDINGS TO BE TRANSCRIBED ...... 2 B.2 TRANSCRIPTION PROCEDURES ...... 3 B.3 FORMATTING...... 4 B.4 QUALITY CONTROL ...... 4 B.5 TECHNOLOGY REQUIREMENTS ...... 4 B.6 TURNAROUND TIMES ...... 4 B.7 STAFFING ...... 5 B.8 CGA PROVIDED ...... 5 B.9 WARRANTY ...... 5 B.10 QUALITY CONTROL PLAN ...... 5 B.11 STYLE GUIDE ...... 5 B.12 REQUIRED QUALIFICATIONS ...... 5 PART C PAYMENT TERMS ...... 6
C.1 COMPENSATION AMOUNT ...... 6 C.2 INVOICE GUIDELINES ...... 6 C.3 FREQUENCY OF BILLING ...... 7 C.4 PAYMENT TERMS ...... 7 PART D PROPOSAL REQUIREMENTS ...... 7
D.1 PROPOSAL SUBMISSION GUIDELINES ...... 7 D.2 REQUIRED PROPOSAL DOCUMENTATION ...... 7 D.3 DOCUMENTATION REQUIRED SUBSEQUENT TO CONTRACT AWARD ...... 9 PART E EVALUATION OF PROPOSALS ...... 9
E.1 MANDATORY REQUIREMENTS ...... 9 E.2 EVALUATION CRITERIA ...... 10 E.3 PRESENTATIONS ...... 10 E.4 CONTRACT AWARD ...... 10
ATTACHMENTS
Attachment A Pricing Page Attachment B Proposal Checklist Attachment C CGA Terms and Conditions Attachment D Style Guide Attachment E House and Senate Session and Public Hearing Transcript example
PART A CONTRACT INFORMATION
A.1 Connecticut General Assembly The Connecticut General Assembly (CGA) is the legislative branch of government of the State of Connecticut. Through statutory enactments, the Joint Committee on Legislative Management (JCLM) is responsible for the coordination and management of legislative affairs and the supervision and approval of any and all legislative expenditures. The JCLM is comprised of the top legislative leaders from each political party and works through a subcommittee system. The Personnel Policies Subcommittee is comprised of the Senate President Pro Tempore, the Speaker of the House of Representatives, the Majority Leaders of the House and Senate chambers and the Minority Leaders of the House and Senate chambers. This Subcommittee is responsible for establishing legislative personnel policies, guidelines, regulations, and salary schedules, and also approves legislative expenditures exceeding $50,000.
A.2 Official Agency Contact Information CGA Contracting Group [email protected] Tina Nadeau Mohr (860) 240 – 0100 Office of Legislative Management Legislative Office Building; Room 5100 300 Capitol Avenue Hartford, CT 06106
A.3 State Contracting Portal All documents and notifications for this procurement will be posted on the State Contracting Portal ("Portal") located on the Department of Administrative Services (DAS) web page. The Portal can be found at the following web address https://portal.ct.gov/DAS. To find this solicitation: • Click on the "State Contracting Portal" link • Select Biznet • Select Search Solicitations and choose "Legislative Management, Office of" from the drop down menu in the Organization field • Select the "Search Solicitations" button • Enter the Contract Number in the Project/Solicitation # field • Scroll to this procurement and select the solicitation number
A.4 Term of Contract The Contract will be in effect from the date the Contract is executed by both Contractor and the CGA (the “Effective Date”) for three years. The State in its sole discretion may extend this Contract for additional terms beyond the original term, prior to Termination or expiration, one or more times for a combined total period not to exceed the complete length of the original term.
A.5 Procurement Timeline Milestone Description of Milestone Date Issue the RFP Posted on the DAS State Contracting Portal. 10/2/2020 Question Deadline Questions shall be submitted via email to 10/9/2020 @ 12:00 pm [email protected]. (noon) Answers & Amendments All amendments to the RFP and response to written 10/16/2020 @ 5:00 pm to RFP questions will be published on the DAS State Contracting Portal. Proposal Delivery All Proposals must be submitted to the CGA Contracting 11/3/2020 @ 12:00 pm Group at [email protected]. No hard copy (noon) Proposals will be accepted.
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PART B SCOPE OF WORK
The Office of Legislative Management on behalf of the Connecticut General Assembly is soliciting proposals for transcription services for the Connecticut General Assembly. The awarded respondent shall transcribe all House and Senate Regular Sessions, Special Sessions, Veto Sessions, Technical Sessions, Public Hearings and Listening Sessions. Committee meetings shall not be transcribed unless specifically requested by the CGA.
B.1 Proceedings to be Transcribed The awarded respondents shall transcribe all House and Senate Regular Legislative Sessions, Special Sessions, Veto Sessions, Technical Sessions, Public Hearings. Listening Sessions and any other proceedings as requested by the CGA during the term of the contract. These proceedings will be transcribed based on the receipt of digital recordings with accompanying background documentation from the CGA.
B.1.1 Regular Sessions The awarded respondent shall transcribe all Regular Legislative sessions. Regular Legislative Sessions begin on the Wednesday following the first Monday of January in odd-numbered years and on the Wednesday following the first Monday of February in the even-numbered years, and at such other times as the CGA shall judge necessary. The CGA shall adjourn each regular session in the odd-numbered years not later than the first Wednesday after the first Monday in June and in the even-numbered years not later than the first Wednesday after the first Monday in May and shall adjourn each special session upon completion of its business. The actual sessions are scheduled individually during this time period.
B.1.2 Special Sessions The awarded respondents shall transcribe all Special Sessions. A Special Session may be called by the Governor or by a majority of legislators and can be held outside of the Regular Legislative Session at the discretion of the CGA. Special Sessions are held after the regular session concludes but before the next regular session commences and are called for a particular purpose.
B.1.3 Veto Sessions The awarded respondents shall transcribe all Veto Sessions. A Veto Session can be held about six (6) weeks after the Regular or Special Legislative Session to consider whether to override gubernatorial vetoes.
B.1.4 Technical Session The awarded respondents shall transcribe all Technical Sessions. A Technical Session is defined as a brief formal convening of the House or Senate held purely to advance bills on the calendar and make pro forma referrals. There is no debate or voting on bills. It usually lasts a few minutes and involves only two members and the clerk.
B.1.5 Public Hearings The awarded respondents shall transcribe all Public Hearings including Listening Sessions. Public Hearings are meetings which members of the public and representatives of state agencies have the opportunity to testify to a legislative committee on bills, resolutions, or issues before the committee. Requirements for public hearings are set forth in the Joint Rules and can occur on a year-round basis, with the majority of hearings occurring during the first half of the Regular Legislative Session period referenced in section B.4. Listening sessions are a type of Public Hearing that was developed during the COVID-19 pandemic to allow for a Public Hearing in which the public provides testimony but would allow the legislature to maintain social distancing measures.
B.1.6 On Demand Requests The awarded respondents shall transcribe additional proceedings or excerpted portions of the aforementioned proceedings, upon request by the CGA.
B.1.7 Duration and Frequency The duration of House and Senate sessions as well as Public Hearings can vary widely. The longest session recorded recently exceeded (24) twenty-four hours and the longest Public Hearing recorded also approached (24) twenty-four hours. The average duration of sessions and hearings is between (3) three and (4) four hours.
The Regular and Technical House and Senate Sessions occur between the following dates listed below. The highest frequency of actual sessions days occurs in the beginning of the time period below and then within the final few months. More specifically in long (odd numbered) session years there are a higher incidence of sessions in the months of January, May and June. In short (even numbered) session years there are a higher incidence of sessions in the
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months of February, April and May.
• 2021January 6, 2021 – June 9, 2021 • 2022 February 7, 2022 – May 9, 2022 • 2023 January 3, 2023 – June 6, 2023 • 2024 February 7, 2024 – May 9, 2024 • 2025 January 8, 2025 – June 4, 2025
Special Sessions are held on an as needed basis by the majority of the legislators or the governor throughout the year outside of the actual legislative sessions period. Veto sessions can be held after regular or special legislative sessions. The frequency and duration of special and veto sessions can also vary widely.
B.2 Transcription Procedures The transcription process that will be followed by the awarded respondent is a paperless process. CGA staff records all Legislative Sessions and Public Hearings. Once the recording is completed, an email is be sent to the award respondent providing a link to the audio file and supporting documentation also prepared by the CGA. The awarded respondent shall retrieve the audio file and supporting documentation from which the awarded respondent shall create a transcript. The awarded respondent will then email the completed transcription to the designated CGA email addresses.
No hard copies of supporting documentation should be sent to the awarded respondent, however, the awarded respondent agrees to return any hard copy supporting documentation received for the preparation of any transcription. The CGA shall withhold any outstanding payments at the end of the Contract until all hard copy supporting documentation is returned to the CGA.
B.2.1 Supporting Documentation for Legislative Sessions The CGA shall provide the following supporting documentation for Legislative Sessions to the awarded respondent: • House and Senate Journals which are daily summaries of legislative activity that has occurred in both chambers. • Names taken during points of personal privilege during House proceedings • Senate Agenda
B.2.2 Supporting Documentation for Public Hearings The CGA shall provide the following supporting documentation for Public Hearings to the awarded respondent: • Transcript Information Sheet • Public Hearing Agenda • Committee Member Attendance Sheet • Public Hearing Speaker Registration Sheets • Public Hearing Transcript Log (“First Three Words” Sheets)
B.2.3 Issue Resolution The awarded respondent shall address questions to appropriate CGA staff as they arise. The awarded respondent shall seek clarification when it is unclear how to proceed rather than making judgement calls or assumptions without CGA direction.
B.2.4 Managing Volume of Transcripts The awarded respondent shall carefully monitor the activities of the legislature throughout the year so as to provide for sufficient staffing and manage staff workloads in order to meet the turnaround times outlined in this RFP. The awarded respondent shall utilize the Daily Bulletin and the Interim Bulletin to anticipate upcoming transcription needs and provide sufficient staffing and manage staff workloads accordingly. The Daily Bulletin is posted on all Normal Business days during the regular legislative session and outlines the Legislative Sessions and Public Hearings for the upcoming week. Normal Business Days are defined as Monday through Friday, excluding Connecticut State Holidays which are New Year’s Day, Martin Luther King Jr. Day, Lincoln’s Birthday; Washington’s Birthday; Good Friday; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; and Christmas Day. The Interim Bulletin is posted weekly during the Interim. The Interim is defined as the period between the Regular Legislative Sessions of the CGA.
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B.3 Formatting The awarded respondent shall return through email the completed transcriptions in Office 365 Word format. The CGA will then convert the completed transcription from Office 365 Word into a .pdf format. The awarded respondent shall use Office 365 Word and be able to accommodate future upgraded versions of Microsoft Word if they are implemented by the CGA during the term of the Contract. The CGA currently saves all its files to .DOCX extensions. All documents received from the awarded respondent shall be in .DOCX format.
The awarded respondent shall format all transcripts in accordance with the Style Guide included in Attachment D. The awarded respondent shall also refer to example transcripts provided in Attachment E and F for additional guidance regarding formatting.
B.4 Quality Control The awarded respondent shall conduct an independent quality review of every transcript that is prepared prior to returning it to the CGA as complete. This quality review shall ensure that the transcript provided is prepared in accordance with the Style Guide and the supporting documentation and is free of typographical errors. This review shall ensure that the following information is correct: dates, names of speakers, names of the presiding officers, removal of off the record conversations, etc. The independent review shall also ensure that all transcripts are complete and are not missing portions of the proceeding.
B.5 Technology Requirements The awarded respondent shall maintain appropriate equipment and software to accept recorded files from the CGA. The recorded files can range in length from under one hour to exceeding twenty-four (24) hours. The Contractor shall also have the capability to electronically transfer unzipped Word files to administrative mail boxes set up at the CGA. The current recording equipment used by the CGA includes a digital recorder in the House chamber and Senate chamber in the State Capitol building as well as a conferencing sound system with digital recording capability in the Legislative Office Building hearing rooms. A multi-channel digital audio recording system is in place and currently records the audio from all ten hearing rooms in the Legislative Office Building and two chambers in the State Capitol. Digital audio files will be provided in a .wav or mp3 format.
Although infrequent, the awarded respondent shall also be equipped and staffed to transcribe from video recordings of the proceedings as needed. Video recording maybe provided through email in either MP3, MP4, WAV, AAC, WMA, or AAC formats.
B.6 Turnaround times The awarded respondent shall adhere to the following turnaround times:
B.6.1 Legislative Sessions (Regular, Technical, Veto and Special) and Public Hearings: The awarded respondent shall provide transcripts for Legislative Sessions and Public Hearings within a maximum of ten (10) business days. The clock for the turnaround time begins the day after receipt of the file/supporting documentation, no matter what the time of day.
B.6.2 Returned Transcripts: The awarded respondent shall revise and return transcripts that are returned for corrections within seven (7) Normla Business Days. The clock for the turnaround time begins the day after receipt of the corrections, no matter what the time of day.
B.6.3 Rush Transcripts: The awarded respondent shall provide “rush” transcripts within twenty-four (24) hours. The CGA does not often request “rush” transcriptions, but when the “rush” transcriptions are requested there is usually not any advance notification. The clock for the turnaround time begins the day after receipt of the file/supporting documentation, no matter what the time of day.
B.6.4 Faulty Supporting Materials: The awarded respondent shall immediately contact the appropriate CGA to request corrected supporting materials, if the awarded respondent determines that that supporting materials are found to be incorrect or missing. The awarded respondent shall provide transcriptions within a maximum of ten (10) Normal Business Days. The clock for the turnaround time begins the day after receipt of the corrected supporting documentation are received, no matter what the time of day.
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B.6.5 Logging and Tracking Procedures: The awarded respondent shall email a weekly status reports to the CGA noting when files were received to transcribe, the due date, estimated completion date and whether or not the transcription has been completed. The awarded respondent and the CGA shall establish a mutually acceptable format for the status reports as well as logging and tracking procedures for the entire transcribing process upon contract award.
B.7 Staffing The awarded respondent shall maintain a pool of available transcriptionists to perform the work outlined in this RFP with a minimum of five (5) years of transcription experience. The awarded respondent shall also provide a designated primary contact person during the contract term.
B.8 CGA Provided The CGA shall provide: a) Virtual training for all staff involved in the transcription process; b) Designated contacts from the Office of Legislative Management, Committee Administrators, Information Technology Services and the House and Senate Clerks; and c) Guidance regarding the preparation of acceptable invoices based on page counts of all transcripts.
B.9 Warranty All work performed under Contract shall be warranted as outlined below: a) The CGA and the awarded respondent must be able to access and maintain all transcripts created during the contract period for the purposes of making corrections if necessary when proofreading is done by the Clerks’ Offices and Connecticut State Library during the summer/fall months. Any corrections to any transcript required as a result of this review due to the awarded respondent error must be made by the awarded respondent at no additional charge. Corrected transcripts shall be returned electronically and so labeled as “Corrected.” b) The parties agree and hereby state that any findings, written documentation, and research performed in whole or in part in connection with this awarded respondent shall be the sole property of the CGA and copies of all information and materials developed in connection with the Contract shall be provided to the CGA immediately upon completion or upon request by the CGA.
B.10 Quality Control Plan The awarded respondent will be required to provide a Quality Control Plan (QCP) upon contract award and maintain this QCP throughout the term of the contract by making regular updates as required. The QCP shall clearly delineate the methodology by which transcription quality will be provided and sustained throughout the term of the Contract. This QCP is the property of the CGA.
B.11 Style Guide The awarded respondent shall utilize the Style Guide provided in Attachment E and updated as necessary throughout the term of the Contract. This Style Guide and any updates are the property of the CGA.
B.12 Required Qualifications B.12.1 Respondent Qualifications Respondents, as well as individuals assigned to perform the work, shall have at least (5) five years of experience performing work similar to that listed in the Scope of Work.
B.12.2 Subcontractor Any subcontractors shall have at least (5) five years of experience performing work similar to that listed in the Scope of Work. Subcontractors must also be acceptable to the CGA and be approved in writing by the CGA prior to the Subcontractor starting any work on this project. The respondent shall assume responsibility for all services offered in its Proposal whether they are provided by the respondent or a subcontractor. The respondent shall be the sole point of contact with regards to all matters, including Subcontractor performance and invoices submitted.
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PART C PAYMENT TERMS
C.1 Compensation Amount Proposals shall reflect all costs and any payment discounts on the Pricing Page included in this RFP. (Attachment A) All costs shall be included in the Pricing provided in response to this RFP. There shall be no reimbursement for travel and/or travel-related expenses.
C.1.1 Retainage The awarded respondent acknowledges that the preparation and delivery of accurate transcripts are a basic requirement of this RFP and the contract. The CGA shall retain ten percent (10%) of the amount of each invoice for all House and Session transcripts completed through June 30th of each year. The Clerks’ Offices and the Connecticut State Library staff reviews all completed transcripts during the months following the close of each year’s legislative session. The awarded respondent shall correct all errors found in each House and Senate regular session, House and Senate technical, special and veto sessions, public committee hearings transcription at no additional charge within seven business days. Retainage will be released upon completion of said corrections. The CGA withholds retainage from the total billed amount for that transcript less any liquidated damages which are assessed.
C.1.2 Liquidated Damages Liquidated damages will be incurred as a result of a Contract breach. By law, the three requisite conditions to establish any liquidated damages are that: (1) the damage from a breach of Contract was uncertain in amount or difficult to provide; (2) there was an advance intent by the parties to establish liquidating damages in the event of a Contract breach; and (3) the amount stipulated was reasonable. Hanson Development Co. v. East Great Plains Shopping Center, Inc., 485 A.2d 1296, 1300 (Conn. 1985).
The awarded respondent acknowledges that failure to deliver accurate transcripts within the required time frames as indicated in Section B.6, would constitute a breach of the awarded respondent’s obligation to the CGA and that the CGA would be harmed by such failure to deliver. If such default occurs in the timeliness of any said transcript, the awarded respondent shall forfeit twenty-five percent (25%) of the payment due for that transcription. It is understood by both the awarded respondent and the CGA that this amount has been established due to the difficulty in determining and establishing damages in the event that the awarded respondent does not meet the time lines established by this RFP and the contract. . The liquidated damages of 25% will be assessed against the total billed amount for that transcript less any liquidated damages which are assessed.
C.2 Invoice Guidelines The awarded respondent shall email properly prepared invoices which reflect the signed purchase order directly to Accounts Payable Group at [email protected]. Invoices for Senate and House sessions shall be paid less a retainage of 10% of each periodic invoice. Invoices shall be submitted in accordance with the following guidelines:
C.2.1 Properly Prepared Invoice A properly prepared invoice shall include: (a) Invoice date (b) Invoice number (c) Purchase order number (d) Remittance Address (e) Separate invoice lines itemized by type and source of transcript, the page count for each transcript, including the transcript file name, and the date the transcript was sent back to CGA (itemized by type and source of transcript) (f) Charges for Legislative Sessions and Public Hearings should be submitted on separate invoices.
The CGA reserves the right to reject invoices for payment and require revised invoices if the information outlined above fails to conform to the guidelines set out above. The awarded respondent is responsible for all subcontractor invoices and supporting documentation and must resolve any discrepancies with the subcontractor.
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C.2.2 Payment Guidelines The CGA will pay based on the CGA page count not the awarded respondent page count. Invoices will be paid once a “FINAL” version of the transcription, not a draft, is returned to the CGA via email within the prescribed turnaround time.
The CGA will only pay for transcriptions of: (a) House and Senate Regular Sessions; (b) House and Senate Technical, Special and Veto sessions; (c) Public Hearings, and (d) Additional proceedings and excerpted portions of the aforementioned upon the CGA request. The CGA will not pay for transcription of any Committee Meetings, unless specifically requested by the CGA. The awarded respondent shall monitor recordings and stop transcribing proceedings when the recording transitions from a proceeding that is covered by the Contract to one that is not covered under the Contract.
C.3 Frequency of Billing The awarded respondent shall submit invoices on a bi-weekly basis for all work performed and returned during the preceding period.
C.4 Payment Terms Payments for goods and services shall be made only after the CGA receives and accepts the goods and/or services and after it receives a properly completed invoice. Payment for all accepted goods and/or services shall be due within forty-five (45) days after acceptance of the goods and/or services (in arrears) in accordance with Conn. Gen. Stat. §4a-71 or thirty (30) days if the awarded respondent is a certified small contractor or minority business enterprise as defined in Conn. Gen. Stat. § 4a-60g.
PART D PROPOSAL REQUIREMENTS
D.1 Proposal Submission Guidelines Respondents shall submit proposals in accordance with the following guidelines:
D.1.1 Proposal Response Respondents shall only submit one soft copy of the proposal via email to [email protected] in Portable Document Format (.pdf). Hard copy proposals will be rejected.
D.1.2 Email Title Respondents shall clearly indicate Transcription Services JCLM21REG0017 Proposal Submission in the Title of the email.
D.2 Required Proposal Documentation Respondents shall submit the following documentation in the following order and format. The CGA reserves the right to disqualify any Proposal which does not include the following documentation.
D.2.1 Pricing Page All respondents SHALL include a completed Pricing Page in the Proposals; (Attachment A)
D.2.2 Forms Respondents shall complete and submit the following forms along with the electronic copy of the proposal only. The forms listed below include links to the fillable forms which can be completed and submitted electronically.
Proof of Authorization Certification Form CHRO Contract Compliance Monitoring Report Vendor Profile W-9 Form Notice of Campaign Contribution and Solicitation Limitations Form Iran Certification Form
D.2.3 Transcription Procedures The awarded respondent shall acknowledge the transcription procedures outlined in Section B and describe plans to allow for efficient issue resolution throughout the term of the Contract.
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D.2.4 Formatting The awarded respondent shall describe how the formatting outlined in the Style Guide will be incorporated into their transcription process.
D.2.5 Quality Control The awarded respondent shall describe their independent quality control review process and describe their commitment to careful proofreading for logic, spelling and grammar.
D.2.6 Technology Requirements The awarded respondent shall demonstrate that the software and equipment they intend to utilize can handle the following: a) Access and transcribe from digital files on an established FTP site, b) Accommodate the length of files produced by the CGA, c) Compatible with the CGA’s recording equipment for legislative session and public hearing transcripts and d) Access and transcribe from video files,
D.2.7 Turnaround Time The awarded respondent shall address strategies they will utilize to meet the turnaround times during times of high density of proceedings and long proceedings.
D.2.8 Staffing Experience and Knowledge 1. Respondents shall demonstrate they meet the following specific qualifications: a) Are an established transcription services company operating on a full-time business for at least five years, with an established office facility, staff and equipment to support the services required in this RFP; b) Maintain the necessary staff resources proficient in the transcription, proof reading and editing of audio recordings; c) Experienced with legal documents and terminology used by the State of Connecticut and the CGA. Accuracy is extremely important in preparing all transcriptions for the CGA. Transcripts of all proceedings are retained by the Connecticut State Library, and are used by several parties for historical background and legislative history.
2. Respondents shall provide Reference Projects including name, title, address and telephone number of references; description of projects; duration of projects; and total project costs.
3. Respondents shall outline the Individual Experience and Knowledge including name and title of personnel assigned to the project, evidence of five years of experience with projects similar to that described in this RFP and resumes.
D.2.9 Warranty The awarded respondent shall acknowledge the warranty requirements listed in Section B.9.
D.2.10 Confidential Information: The respondent shall clearly specify which information contained in the Proposal response is respondent Information and therefore should be considered exempt by the CGA from disclosure under the Freedom of Information Act (FOIA). The respondent may not merely state generally that the materials or processes are proprietary or confidential in nature and not, therefore, subject to release to third parties. Those particular sentences, paragraphs, pages or sections that the respondent believes are exempt from disclosure under the FOIA must be specifically identified as such. Convincing explanation and rationale sufficient to justify each exemption consistent with the FOIA must accompany the request. The rationale and explanation must be stated in terms of the prospective harm to the competitive position of the respondent that would result if the identified material were to be released and the reasons why the materials are legally exempt from release pursuant to the FOIA.
D.2.11 Exceptions The respondent shall clearly indicate all exceptions to the specifications, terms and/or conditions of the Request for Solicitation.
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D.2.12 Terms and Conditions Acknowledgement All respondents shall acknowledge in the response that the CGA Terms and Conditions included in this RFP in Attachment C will be included in the awarded contract. Any exceptions to the CGA Terms and Conditions shall be included in the proposal in Section C.
D.3 Documentation Required Subsequent to Contract Award
The following shall be provided subsequent to the Contract award.
D.3.1 Insurance Certificate Please see minimum required levels listed in the Terms and Conditions section of this RFP. The awarded respondent must name the State of CT/CT General Assembly as an additional insured;
D.3.2 Nondiscrimination Certification Public Act 11-55 and Public Act 11-229 have amended the nondiscrimination provisions of the Connecticut General Statutes to add gender identity or expression to the existing protected classes and to require State contractors to adopt policies in support of the new statutes by means of an affidavit or resolution. Accordingly, this form is a certification that the successful Contractor must deliver executed at the time that it executes the Contract. The execution and submittal of this certificate is a condition precedent to the CGA’s executing the Contract, unless the Contractor is exempt from this statutory requirement, in which case the Contractor must obtain a written waiver from the State’s Commission on Human Rights and Opportunities;
Please refer to the following guidelines when completing the Nondiscrimination Certification:
• Form A. Representation: For use by an individual when entering into any Contract, regardless of Contract value. • Form B. Representation: For use by an entity when entering into any Contract valued at less than $50,000 for any year of the Contract. • Form C. Affidavit: For use by an entity when entering into any Contract valued at $50,000 or more for any year of the Contract and the entity certifies through an affidavit that a complying nondiscrimination policy is currently in place. • Form D. New Resolution: For use by a entity when entering into any Contract valued at $50,000 or more for any year of the Contract and the entity has a complying nondiscrimination policy adopted by a new resolution of the board of directors, shareholders, managers, members, or other governing body. • Form E. Prior Resolution: For use by a entity when entering into any Contract valued at $50,000 or more for any year of the Contract and the entity has a complying nondiscrimination policy adopted by a prior resolution of the board of directors, shareholders, managers, members, or other governing body.
PART E EVALUATION OF PROPOSALS
E.1 Mandatory Requirements Prior to submitting a Proposal, each respondent shall examine the RFP and may visit the site of the work. Each respondent shall fully inform themselves prior to submitting the Proposal as to the existing conditions and limitations under which the work is to be performed and shall include in the Proposal a sum to cover the cost of items necessary to perform the work as set forth in this RFP. No allowance will be made to a respondent because of lack of such examination or knowledge. The submission of a Proposal will be considered conclusive evidence that the respondent has made such an examination. CGA will determine if the Proposal includes all the mandatory requirements and are complete submissions. The CGA has the sole discretion to decide if the Proposal is nonresponsive to this RFP.
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E.2 Evaluation Criteria Complete Proposals will be given to the Evaluation Committee for review. The following Evaluation Criteria will be scored by the Evaluation Committee. Each factor will be scored using a scale of 1 through 5. The individual ratings for each member of the Evaluation Committee will be combined and averaged and then multiplied by pre-set criteria weights.
Evaluation Criteria 1 Price 2 Demonstrated ability to meet the turnaround time requirements 3 Quality Control Plan and demonstrated ability to meet all quality control requirements 4 Demonstrated ability to meet all formatting requirements 5 Demonstrated ability to meet all technology requirements 6 Applicable professional experience and references of business entity an staff.
E.3 Presentations After review of the Proposals by the Evaluation Committee, the CGA may schedule times for some or all respondents to make presentations. During these presentations, the respondents may be asked to provide an overview of their written Proposals, answer questions and/or provide clarifications.
E.4 Contract Award All respondents will be notified of the Contract award once approved by the Legislative Leaders. The CGA will notify all respondents once a Contract is awarded.
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ATTACHMENT A PRICING PAGE
Contract Title: Transcription Services Contract Number: JCLM21REG0017
Compensation
Transcription (Turnaround maximum of ten (10) Normal Business Days) $ ______per page
Rush Request (Turnaround within of twenty-four (24) hours of receipt) $ ______per page
Payment Terms Standard payment terms are net 45 days.
Please indicate any early payment discount terms: % Discount, Days.
Please indicate if you are a Connecticut SBE/MBE: MBE SBE
The undersigned agrees to furnish all services and/or commodities to the CT General Assembly as described in Contract at the prices listed above.
Company Name: Company Address: Signature: Date: Name (Printed): Title: Email: FEIN#: Office Phone #: Cell Phone:#
ATTACHMENT B
PROPOSAL CHECKLIST
Contract Title: Transcription Services Contract Number: JCLM21REG0017
PROPOSAL FORMAT PROPOSAL PAGE
Pricing Page
Forms
Transcription Procedures
Formatting Quality Control
Technology Requirements
Turnaround Time
Staffing Experience and Knowledge
Warranty
Confidential Information
Exceptions Terms and Conditions Acknowledgement
CGA TERMS AND CONDITIONS
protected is misplaced, lost, stolen or in any 1. Definitions. Unless otherwise indicated, the way compromised; (2)one or more third following terms shall have the following parties have had access to or taken control corresponding definitions: or possession of any Confidential
Information that is not encrypted or (a) Bid: A Bid submitted in response to a Solicitation. protected without prior written authorization from the CGA; (3) the (b) Claims: All actions, suits, claims, demands, unauthorized acquisition of encrypted or investigations and proceedings of any kind, protected Confidential Information open, pending or threatened, whether together with the confidential process or mature, unmatured, contingent, known or key that is capable of compromising the unknown, at law or in equity, in any forum. integrity of the Confidential Information; or
(4) if there is a substantial risk of identity (c) Confidential Information: This shall mean theft or fraud to the CGA, the Contractor, or any name, number or other information the State. that may be used, alone or in conjunction with any other information, to identify a (e) Contract: The agreement, as of its Effective specific individual including, but not limited Date, between the Contractor and the CGA to, such individual's name, date of birth, for any or all Goods or Services at the mother's maiden name, motor vehicle Solicitation price. operator's license number, Social Security number, employee identification number, (f) Contractor: A person or entity who submits employer or taxpayer identification a Solicitation response and who executes a Contract. number, alien registration number,
government passport number, health (g) Contractor Parties: A Contractor’s insurance identification number, demand members, directors, officers, shareholders, deposit account number, savings account partners, managers, principal officers, number, credit card number, debit card representatives, agents, servants, number or unique biometric data such as consultants, employees or any one of them fingerprint, voice print, retina or iris image, or any other person or entity with whom or other unique physical representation. the Contractor is in privity of oral or written Without limiting the foregoing, Confidential contract and the Contractor intends for such other person or entity to Perform Information shall also include any under the Contract in any capacity. information that the CGA classifies as “confidential” or “restricted.” Confidential (h) Day: All calendar days other than Saturdays, Information shall not include information Sundays and days designated as national or that may be lawfully obtained from publicly State of Connecticut holidays upon which available sources or from federal, state, or banks in Connecticut are closed. local government records which are lawfully made available to the general public. (i) Force Majeure: Events that materially affect the cost of the Goods or Services or
the time schedule within which to Perform (d) Confidential Information Breach: This shall and are outside the control of the party mean, generally, an instance where an asserting that such an event has occurred, unauthorized person or entity accesses including, but not limited to, labor troubles Confidential Information in any manner, unrelated to the Contractor, failure of or including but not limited to the following inadequate permanent power, unavoidable occurrences: (1) any Confidential casualties, fire not caused by the Information that is not encrypted or Contractor, extraordinary weather
Attachment C Page 1 of 22 CGA TERMS AND CONDITIONS
conditions, disasters, riots, acts of God, (o) State: The State of Connecticut, including insurrection or war. the CGA and any office, department, board, council, commission, institution or other (j) Goods: For purposes of the Contract, all CGA of the State. things which are movable at the time that the Contract is effective and which include, (p) Termination: An end to the Contract prior without limiting this definition, supplies, to the end of its term whether effected materials and equipment, as specified in the pursuant to a right which the Contract Solicitation. creates or for a breach.
(k) Goods or Services: Goods, Services or both, (q) Title: all ownership, title, licenses, rights as specified in the Solicitation. and interest, including, but not limited to, perpetual use, of and to the Goods or (l) Records: All working papers and such other Services. information and materials as may have been accumulated by the Contractor in 2. Contracting Vehicle. The Solicitation may performing the Contract, including but not involve an invitation to bid, request for limited to, documents, data, plans, books, proposals, request for information or computations, drawings, specifications, request for quotes, each of which may be notes, reports, records, estimates, governed by different statutory, regulatory summaries and correspondence, kept or and administrative procedures. ALTHOUGH stored in any form. THIS CONTRACT USES THE TERMS “SOLICITATION” AND “BID” IT’S USE OF (m) Services: The performance of labor or work, THOSE TERMS IS INTENDED ONLY FOR as specified in the Solicitation. PURPOSES OF CONVENIENCE AND SHALL NOT BE DEEMED TO BE A CONTROLLING (n) Solicitation: A State request, in whatever STATEMENT AS TO THE TYPE OF form issued, inviting bids, proposals or SOLICITATION USED OR THE RESPECTIVE quotes for Goods or Services, typified by, RIGHTS AND OBLIGATIONS OF THE PARTIES. but not limited to, an invitation to bid, THE IDENTIFICATION IN THE SOLICITATION request for proposals, request for OF THE PARTICULAR PROCUREMENT information or request for quotes. The VEHICLE THE STATE IS USING TO SOLICIT Solicitation and this Contract shall be GOODS OR SERVICES SHALL CONTROL. governed by the statutes, regulations and Therefore, if the Solicitation identifies the procedures of the State of Connecticut, procurement vehicle as something other Department of Administrative Services, than an Invitation to Bid, the terms even if the CGA has statutes, regulations “Solicitation” and “Bid, “as used in this and procedures which overlap DAS’s. Contract shall be read to mean “Request for However, to the extent that the CGA has Proposals,” Proposal” and “Proposer” or to statutes, regulations or procedures which mean such other terms as are consistent the CGA determines in its sole discretion to with the Solicitation in order to preserve be inconsistent with DAS’s, the CGA’s shall the integrity of the statutory, regulatory control over those of DAS’s. The and procedural distinctions among the Solicitation is incorporated into and made a various procurement vehicles and their part of the Contract as if it had been fully corresponding principles. set forth in it if, but only if, the Solicitation is in the form of an invitation to bid, request 3. Description of Goods or Services and for information or request for quotes. A Additional Terms and Conditions. The Solicitation in the form of a request for Contractor shall perform as set forth in the proposals is not incorporated into the Contract. For purposes of this Contract, to Contract in its entirety, but, rather, it is perform and the performance in incorporated into the Contract only to the Attachment A of the Contract is referred to extent specifically stated in in the Contract. as “Perform” and the “Performance.”
Attachment C Page 2 of 22 CGA TERMS AND CONDITIONS
4. Price Schedule, Payment Terms and Billing. Parties, that:
(a) Payment Term: Payment terms under this (1) they have voluntarily, Contract are set forth in Exhibit B of the intentionally, unconditionally, Contract. Payment shall be made only after unequivocally and absolutely the CGA receives and accepts the Goods abandoned and left unclaimed and/or Services and after it receives a the Rejected Goods and properly completed invoice. Unless Contractor Property and otherwise specified in the Contract, relinquished all ownership, title, payment for all accepted Goods and/or licenses, rights, possession and Services shall be due within forty-five (45) interest of, in and to days after acceptance of the Goods and/ or (collectively, “Title”) the Services, or thirty (30) days if the Contractor Rejected Goods and Contractor is a certified small contractor or minority Property with the specific and business enterprise as defined in Conn. express intent of (A) Gen. Stat. § 4a-60g. The Contractor shall terminating all of their Title to submit an invoice to the CGA for the the Rejected Goods and Performance. The invoice shall include Contractor Property, (B) vesting detailed information for Goods and/or Title to the Rejected Goods and Services, delivered and Performed, as Contractor Property in the State applicable, and accepted. Any late payment of Connecticut and (C) not ever charges shall be calculated in accordance reclaiming Title or any future with the Connecticut General Statutes. rights of any type in and to the Rejected Goods and Contractor (b) Price Adjustments: Property; No price increases are allowed, unless (2) there is no ignorance, specifically provided for in Attachment inadvertence or unawareness A. to mitigate against the intent to abandon the Rejected Goods or 5. Rejected Items; Abandonment. Contractor Property; (a) The Contractor may deliver, cause to be (3) they vest authority, without any delivered, or, in any other way, bring or further act required on their cause to be brought, to any CGA premises part or the CGA’s part, in the or other destination, Goods, as samples or CGA and the State to use or otherwise, and other supplies, materials, dispose of the Rejected Goods equipment or other tangible personal and Contractor Property, in the property. The CGA may, by written notice CGA’s sole discretion, as if the and in accordance with the terms and Rejected Goods and Contractor conditions of the Contract, direct the Property were the CGA’s or Contractor to remove any or all such Goods State’s own property and in (“the “Rejected Goods”) and any or all other accordance with law, without supplies, materials, equipment or other incurring any liability or tangible personal property (collectively, the obligation to the Contractor or “Contractor Property”) from and out of the any other party; CGA premises and any other location which (4) if the CGA or State incur any the CGA or State manages, leases or costs or expenses in connection controls. The Contractor shall remove the with disposing of the Rejected Rejected Goods and the Contractor Goods and Contractor Property, Property in accordance with the terms and including, but not limited to, conditions of the written notice. Failure to advertising, moving or storing remove the Rejected Goods or the the Rejected Goods and Contractor Property in accordance with the Contractor Property, auction terms and conditions of the written notice and other activities, the CGA shall mean, for itself and all Contractor shall invoice the Contractor for
Attachment C Page 3 of 22 CGA TERMS AND CONDITIONS
all such cost and expenses and 7. Contract Amendments. No amendment to the Contractor shall reimburse or modification or other alteration of the the CGA no later than thirty Contract shall be valid or binding upon the (30) days after the date of CGA unless made in writing, and signed by invoice; and both parties. (5) they do remise, release and forever discharge the CGA and 8. Assignment. The Contractor shall not assign all State employees, any of its rights or obligations under the departments, commissions, Contract, voluntarily or otherwise, in any boards, bureaus, agencies, manner without the prior written consent instrumentalities or political of the CGA. The CGA may void any subdivisions and their purported assignment in violation of this respective successors, heirs, section and declare the Contractor in executors and assigns breach of Contract. Any Termination by the (collectively, the “State and Its CGA for a breach is without prejudice to the Agents”) of and from all Claims CGA’s or the State’s rights or possible which they and their respective Claims. successors or assigns, jointly or severally, ever had, now have or will have against the CGA and the State and Its Agents
arising from the use or disposition of the Rejected 9. Termination. Goods and Contractor Property. (a) Notwithstanding any provisions in this Contract, the CGA, through a duly
authorized employee, may Terminate the The Contractor shall secure from each (b) Contract whenever the CGA makes a Contractor Party, as appropriate, such written determination that such document or instrument as necessary or Termination is in the best interests of the appropriate as will vest in the Contractor CGA. The CGA shall notify the Contractor in plenary authority to bind the Contractor writing of Termination pursuant to this Parties to the full extent necessary or section, which notice shall specify the appropriate to give full effect to all of the effective date of Termination and the terms and conditions of this section. The extent to which the Contractor must Contractor shall provide, no later than complete its Performance under the fifteen (15) days after receiving a request Contract prior to such date. from the CGA, such information as the CGA (b) Notwithstanding any provisions in this may require to evidence, in the CGA’s sole Contract, the CGA, through a duly determination, compliance with this authorized employee, may, after making a section. written determination that the Contractor
has breached the Contract, Terminate the Order and Delivery. The Contract shall bind 6. Contract in accordance with the provisions the Contractor to furnish and deliver the in the Breach section of this Contract. Goods or Services in accordance with (c) The CGA shall send the notice of Exhibit A of the Contract and at the prices Termination via certified mail, return set forth in Exhibit B of the Contract. receipt requested, to the Contractor at the Subject to the sections in this Contract most current address which the Contractor concerning Force Majeure, Termination and has furnished to the CGA for purposes of Open Market Purchases, the Contract shall correspondence, or by hand delivery. Upon bind the CGA to order the Goods or Services receiving the notice from the CGA, the from the Contractor, and to pay for the Contractor shall immediately discontinue all accepted Goods or Services in accordance services affected in accordance with the with Exhibit B of the Contract. notice, undertake all commercially
reasonable efforts to mitigate any losses or
Attachment C Page 4 of 22 CGA TERMS AND CONDITIONS
damages, and deliver to the CGA all (f) For breach or violation of any of the Records. The Records are deemed to be the provisions in the section concerning property of the CGA and the Contractor Representations and Warranties, the CGA shall deliver them to the CGA no later than may Terminate the Contract in accordance thirty (30) days after the Termination of the with its terms and revoke any consents to Contract or fifteen (15) days after the assignments given as if the assignments had Contractor receives a written request from never been requested or consented to, the CGA for the Records. The Contractor without liability to the Contractor or shall deliver those Records that exist in Contractor Parties or any third party. electronic, magnetic or other intangible (g) Upon Termination of the Contract, all rights form in a non-proprietary format, such as, and obligations shall be null and void, so but not limited to, ASCII or .TXT. that no party shall have any further rights (d) Upon receipt of a written notice of or obligations to any other party, except Termination from the CGA, the Contractor with respect to the sections which survive shall cease operations as the CGA directs in Termination. All representations, the notice, and take all actions that are warranties, agreements and rights of the necessary or appropriate, or that the CGA parties under the Contract shall survive may reasonably direct, for the protection, such Termination to the extent not and preservation of the Goods and any otherwise limited in the Contract and other property. Except for any work which without each one of them having to be the CGA directs the Contractor to Perform specifically mentioned in the Contract. in the notice prior to the effective date of (h) Termination of the Contract pursuant to Termination, and except as otherwise this section shall not be deemed to be a provided in the notice, the Contractor shall breach of contract by the CGA. terminate or conclude all existing subcontracts and purchase orders and shall 10. Cost Modifications. The parties may agree not enter into any further subcontracts, to a reduction in the cost of the Contract at purchase orders or commitments. any time during which the Contract is in (e) The CGA shall, within forty-five (45) days of effect. Without intending to impose a the effective date of Termination, limitation on the nature of the reduction, reimburse the Contractor for its the reduction may be to hourly, staffing or Performance rendered and accepted by the unit costs, the total cost of the Contract or CGA in accordance with Exhibit A of the the reduction may take such other form as Contract, in addition to all actual and the CGA deems to be necessary or reasonable costs incurred after Termination appropriate. in completing those portions of the Performance which the notice required the 11. Breach. If either party breaches the Contractor to complete. However, the Contract in any respect, the non-breaching Contractor is not entitled to receive and the party shall provide written notice of such CGA is not obligated to tender to the breach to the breaching party and afford Contractor any payments for anticipated or the breaching party an opportunity to cure lost profits. Upon request by the CGA, the the breach within ten (10) days from the Contractor shall assign to the CGA, or any date that the breaching party receives such replacement contractor which the CGA notice. Any other time provided for in the designates, all subcontracts, purchase notice shall trump such ten (10) days. Such orders and other commitments, deliver to right to cure period shall be extended if the the CGA all Records and other information non-breaching party is satisfied that the pertaining to its Performance, and remove breaching party is making a good faith from CGA premises, whether leased or effort to cure but the nature of the breach owned, all of Contractor’s property, is such that it cannot be cured within the equipment, waste material and rubbish right to cure period. The notice may related to its Performance, all as the CGA include an effective Contract Termination may request. date if the breach is not cured by the stated date and, unless otherwise modified by the
Attachment C Page 5 of 22 CGA TERMS AND CONDITIONS
non-breaching party in writing prior to the shall invoice the Contractor for all such Termination date, no further action shall be purchases to the extent that they exceed required of any party to effect the the costs and expenses in Exhibit B of the Termination as of the stated date. If the Contract and the Contractor shall pay the notice does not set forth an effective CGA’s invoice immediately after receiving Contract Termination date, then the non- the invoice. If the CGA does not Terminate breaching party may Terminate the the Contract, the CGA will deduct such open Contract by giving the breaching party no market purchases from the Contract less than twenty four (24) hours' prior quantities. However, if the CGA deems it to written notice. If the CGA believes that the be in the best interest of the CGA, the CGA Contractor has not performed according to may accept and use the Goods and/or the Contract, the CGA may withhold Services delivered which are substandard in payment in whole or in part pending quality, subject to an adjustment in price to resolution of the Performance issue, be determined by the CGA. provided that the CGA notifies the Contractor in writing prior to the date that the payment would have been due in 14. Purchase Orders. accordance with Exhibit B of the Contract. (a) The Contract itself is not an authorization for the Contractor to ship Goods or begin Performance in any way. The Contractor may begin Performance only after it has 12. Waiver. received a duly issued purchase order (a) No waiver of any breach of the Contract against the Contract for Performance. shall be interpreted or deemed to be a (b) The CGA shall issue a purchase order waiver of any other or subsequent breach. against the Contract directly to the All remedies afforded in the Contract shall Contractor and to no other party. be taken and construed as cumulative, that (c) All purchase orders shall be in written or is, in addition to every other remedy electronic form, bear the Contract number provided in the Contract or at law or in (if any), be signed and comply with all other equity. State and CGA requirements, particularly the CGA’s requirements concerning (b) A party’s failure to insist on strict procurement. Purchase orders issued in performance of any provision of the compliance with these requirements shall Contract shall only be deemed to be a be deemed to be duly issued. waiver of rights and remedies concerning (d) A Contractor making delivery without a that specific instance of Performance and duly issued purchase order in accordance shall not be deemed to be a waiver of any with this section does so at the Contractor’s subsequent rights, remedies or breach. own risk. (e) The CGA may, in its sole discretion, deliver 13. Open Market Purchases. Failure of the to the Contractor any or all duly issued Contractor to Perform within the time purchase orders via electronic means only, specified in the Contract, or failure to such that the CGA shall not have any replace rejected or substandard Goods or additional obligation to deliver to the fulfill unperformed Services when so Contractor a “hard copy” of the purchase requested and as the Contract provides or order. allows, constitutes a breach of the Contract and as a remedy for such breach, such 15. Indemnification. failure shall constitute authority for the (a) The Contractor shall indemnify, defend and CGA, if it deems it to be necessary or hold harmless the CGA and its officers, appropriate in its sole discretion, to representatives, agents, servants, Terminate the Contract and/or to purchase employees, successors and assigns from on the open market, Goods or Services to and against any and all (1) Claims arising, replace those which have been rejected, directly or indirectly, in connection with the not delivered, or not Performed. The CGA Contract, including the acts of commission
Attachment C Page 6 of 22 CGA TERMS AND CONDITIONS
or omission (collectively, the "Acts") of the Contractor shall cause the CGA to be named Contractor or Contractor Parties; and (2) as an additional insured on the policy and liabilities, damages, losses, costs and shall provide (1) a certificate of insurance, expenses, including but not limited to, (2) the declaration page and (3) the attorneys' and other professionals' fees, additional insured endorsement to the arising, directly or indirectly, in connection policy to the CGA prior to the Effective Date with Claims, Acts or the Contract. The of the Contract evidencing that the CGA is Contractor shall use counsel reasonably an additional insured. The Contractor shall acceptable to the CGA in carrying out its not begin Performance until the delivery of obligations under this section. The these three documents to the CGA. The Contractor’s obligations under this section CGA shall be entitled to recover under the to indemnify, defend and hold harmless insurance policy even if a body of against Claims includes Claims concerning competent jurisdiction determines that the confidentiality of any part of or all of the CGA or the CGA is contributorily negligent. Contractor’s bid, proposal or any Records, any intellectual property rights, other (f) This section shall survive the Termination of proprietary rights of any person or entity, the Contract and shall not be limited by copyrighted or uncopyrighted reason of any insurance coverage. compositions, secret processes, patented or unpatented inventions, articles or 16. Forum and Choice of Law. appliances furnished or used in the The parties deem the Contract to have been Performance. made in the City of Hartford, State of Connecticut. Both parties agree that it is (b) The Contractor shall not be responsible for fair and reasonable for the validity and indemnifying or holding the CGA harmless construction of the Contract to be, and it from any liability arising due to the shall be, governed by the laws and court negligence of the CGA or any other person decisions of the State of Connecticut, or entity acting under the direct control or without giving effect to its principles of supervision of the CGA. conflicts of laws. To the extent that any immunities provided by Federal law or the (c) The Contractor shall reimburse the CGA for laws of the State of Connecticut do not bar any and all damages to the real or personal an action against the State, and to the property of the CGA caused by the Acts of extent that these courts are courts of the Contractor or any Contractor Parties. competent jurisdiction, for the purpose of The CGA shall give the Contractor venue, the complaint shall be made reasonable notice of any such Claims. returnable to the Judicial District of Hartford only or shall be brought in the (d) The Contractor’s duties under this section United States District Court for the District shall remain fully in effect and binding in of Connecticut only, and shall not be accordance with the terms and conditions transferred to any other court, provided, of the Contract, without being lessened or however, that nothing here constitutes a compromised in any way, even where the waiver or compromise of the sovereign Contractor is alleged or is found to have immunity of the State of Connecticut. The merely contributed in part to the Acts giving Contractor waives any objection which it rise to the Claims and/or where the CGA is may now have or will have to the laying of alleged or is found to have contributed to venue of any Claims in any forum and the Acts giving rise to the Claims. further irrevocably submits to such jurisdiction in any suit, action or (e) The Contractor shall carry and maintain at proceeding. all times during the term of the Contract, and during the time that any provisions 17. Contractor Guaranties. Contractor shall: survive the term of the Contract, sufficient (a) Perform fully under the Contract; general liability insurance to satisfy its obligations under this Contract. The
Attachment C Page 7 of 22 CGA TERMS AND CONDITIONS
(b) Guarantee the Goods or Services against process. The decision of the CGA as to defective material or workmanship and to reasonable compliance with delivery terms repair any damage or marring occasioned in shall be final and binding. The burden of transit or, at the CGA's option, replace proof of proper receipt of the order shall them; rest with the Contractor. (c) Furnish adequate protection from damage (b) In order for the time of delivery to be for all work and to repair damage of any extended, the CGA must first approve a kind, for which its workers are responsible, request for extension from the time to the premises, Goods, the Contractor’s specified in the Contract, such extension work or that of Contractor Parties; applying only to the particular item or (d) With respect to the provision of Services, shipment. pay for all permits, licenses and fees and (c) Goods shall be securely and properly give all required or appropriate notices; packed for shipment, according to accepted (e) Adhere to all Contractual provisions standard commercial practice, without ensuring the confidentiality of Records that extra charge for packing cases, baling or the Contractor has access to and are sacks. The containers shall remain the exempt from disclosure under the State’s property of the CGA unless otherwise Freedom of Information Act or other stated in the Contract. applicable law; and (d) All risk of loss and damage to the Goods (f) Neither disclaim, exclude nor modify the transfers to the CGA upon Title vesting in implied warranties of fitness for a particular the CGA. purpose or of merchantability. 21. Goods Inspection. The CGA shall determine 18. Implied Warranties. The CGA does not the manner and prescribe the inspection of disclaim, exclude or modify the implied all Goods and the tests of all samples warranty of fitness for a particular purpose submitted to determine whether they or the warranty of merchantability. comply with all of the specifications in the Contract. If any Goods fail in any way to 19. Goods, Standards and Appurtenances. Any meet the specifications in the Contract, the Goods delivered must be standard new CGA may, in its sole discretion, either reject Goods, latest model, except as otherwise it and owe nothing or accept it and pay for specifically stated in the Contract. it on an adjusted price basis, depending on Remanufactured, refurbished or the degree to which the Goods meet the reconditioned equipment may be accepted specifications. Any decision pertaining to but only to the extent allowed under the any such failure or rejection shall be final Contract. Where the Contract does not and binding. specifically list or describe any parts or nominal appurtenances of equipment for 22. Emergency Standby for Goods and/or the Goods, it shall be understood that the Services. If any Federal or State official, Contractor shall deliver such equipment having authority to do so, declares an and appurtenances as are usually provided emergency or the occurrence of a natural with the manufacturer's stock model. disaster within the State of Connecticut, the CGA may request the Goods and Services 20. Delivery. on an expedited and prioritized basis. Upon (a) Delivery shall be made as ordered and in receipt of such a request the Contractor accordance with the Contract. Unless shall make all necessary and appropriate otherwise specified in the Contract, delivery commercially reasonable efforts to shall be to a loading dock or receiving reallocate its staffing and other resources in platform. The Contractor or Contractor’s order to give primary preference to shipping designee shall be responsible for Performing this Contract ahead of or prior removal of Goods from the carrier and to fulfilling, in whole or in part, any other placement on the CGA loading dock or contractual obligations that the Contractor receiving platform. The receiving personnel may have. The Contractor is not obligated of the CGA are not required to assist in this
Attachment C Page 8 of 22 CGA TERMS AND CONDITIONS
to make those efforts to Perform on an explaining the cause and probable duration expedited and prioritized basis in of any such nonperformance. accordance with this paragraph if doing so will make the Contractor materially breach 25. Advertising. The Contractor shall not refer any other contractual obligations that the to sales to the CGA for advertising or Contractor may have. Contractor shall promotional purposes, including, but not acknowledge receipt of any request made limited to, posting any material or data on pursuant to this paragraph within 2 hours the Internet, without the CGA’s prior from the time that the Contractor receives written approval. it via purchase order or through a request to make an expedited or prioritized 26. Americans With Disabilities Act. The purchase through the State of Connecticut Contractor shall be and remain in Purchasing Card (MasterCard) Program (the compliance with the Americans with “P-Card Program”). If the Contractor fails to Disabilities Act of 1990 (“Act”), to the acknowledge receipt within 2 hours, extent applicable, during the term of the confirm its obligation to Perform or actually Contract. The CGA may Terminate the Perform, as set forth in the purchase order Contract if the Contractor fails to comply or through the P-Card Program, then the with the Act. CGA may procure the Performance from another source without further notice to 27. Representations and Warranties. The Contractor and without creating any right of Contractor, represents and warrants to CGA recourse at law or in equity against the for itself and Contractor Parties, that: CGA. (a) if they are entities, they are duly and validly 23. Setoff. In addition to all other remedies existing under the laws of their respective available hereunder, the CGA, in its sole states of organization and authorized to discretion, may setoff (1) any costs or conduct business in the State of expenses that the CGA incurs resulting from Connecticut in the manner contemplated by the Contractor's unexcused the Contract. Further, as appropriate, they nonperformance under the Contract and have taken all necessary action to authorize under any other agreement or arrangement the execution, delivery and Performance of that the Contractor has with the CGA and the Contract and have the power and (2) any other amounts that are due or may authority to execute, deliver and Perform become due from the CGA to the their obligations under the Contract; Contractor, against amounts otherwise due (b) they will comply with all applicable State or that may become due to the Contractor and Federal laws and municipal ordinances under the Contract, or under any other in satisfying their obligations to the CGA agreement or arrangement that the under and pursuant to the Contract, Contractor has with the CGA. The CGA’s including, but not limited to (1) Connecticut right of setoff shall not be deemed to be the General Statutes Title 1, Chapter 10, CGA’s exclusive remedy for the Contractor’s concerning the State’s Codes of Ethics and or Contractor Parties’ breach of the (2) Title 4a concerning State purchasing, Contract, all of which shall survive any including, but not limited to Section 22a- setoffs by the CGA. 194a concerning the use of polystyrene foam; 24. Force Majeure. The CGA and the (c) the execution, delivery and Performance of Contractor shall not be excused from their the Contract will not violate, be in conflict obligation to Perform in accordance with with, result in a breach of or constitute the Contract except in the case of Force (with or without due notice and/or lapse of Majeure events and as otherwise provided time) a default under any of the following, for in the Contract. In the case of any such as applicable: (1) any provision of law; (2) exception, the nonperforming party shall any order of any court or the CGA; or (3) give immediate written notice to the other, any indenture, agreement, document or
Attachment C Page 9 of 22 CGA TERMS AND CONDITIONS
other instrument to which it is a party or by expected to materially adversely affect their which it may be bound; businesses, operations, assets, properties, (d) they are not presently debarred, financial stability, business prospects or suspended, proposed for debarment, ability to Perform fully under the Contract, declared ineligible, or voluntarily excluded no later than ten (10) Days after becoming from covered transactions by any aware or after they should have become governmental entity; aware of any such Claims. For purposes of (e) as applicable, they have not, within the the Contractor’s obligation to disclose any three years preceding the Contract, in any Claims to the CGA, the ten (10) Days in the of their current or former jobs, been section of this Contract concerning convicted of, or had a civil judgment Disclosure of Contractor Parties Litigation rendered against them or against any shall run consecutively with the ten (10) person who would Perform under the Days provided for in this representation and Contract, for commission of fraud or a warranty; criminal offense in connection with (k) their participation in the Solicitation obtaining, attempting to obtain, or process is not a conflict of interest or a performing a transaction or contract with breach of ethics under the provisions of any governmental entity. This includes, but Title 1, Chapter 10 of the Connecticut is not limited to, violation of Federal or General Statutes concerning the State’s state antitrust statutes or commission of Code of Ethics; embezzlement, theft, forgery, bribery, (l) the Bid was not made in connection or falsification or destruction of records, concert with any other person or entity, making false statements, or receiving stolen including any affiliate (as defined in the property; Tangible Personal Property section of this (f) they are not presently indicted for or Contract) of the Contractor, submitting a otherwise criminally or civilly charged by bid for the same Goods or Services, and is in any governmental entity with commission all respects fair and without collusion or of any of the offenses listed above; fraud; (g) they have not within the three years (m) they are able to Perform under the Contract preceding the Contract had one or more using their own resources or the resources contracts with any governmental entity of a party who is not a Contractor; Terminated; (n) the Contractor shall obtain in a written (h) they have not employed or retained any contract all of the representations and entity or person, other than a bona fide warranties in this section from any employee working solely for them, to solicit Contractor Parties and to require that or secure the Contract and that they have provision to be included in any contracts not paid or agreed to pay any entity or and purchase orders with Contractor person, other than a bona fide employee Parties; working solely for them, any fee, (o) they have paid all applicable workers’ commission, percentage, brokerage fee, compensation second injury fund gifts, or any other consideration contingent assessments concerning all previous work upon or resulting from the award or making done in Connecticut; of the Contract or any assignments made in (p) they have a record of compliance with accordance with the terms of the Contract; Occupational Health and Safety (i) to the best of their knowledge, there are no Administration regulations without any Claims involving the Contractor or unabated, willful or serious violations; Contractor Parties that might reasonably be (q) they owe no unemployment compensation expected to materially adversely affect their contributions; businesses, operations, assets, properties, (R) they are not delinquent in the payment of financial stability, business prospects or any taxes owed, or, that they have filed a ability to Perform fully under the Contract; sales tax security bond, and they have, if (j) they shall disclose, to the best of their and as applicable, filed for motor carrier knowledge, to the CGA in writing any Claims road tax stickers and have paid all involving them that might reasonably be outstanding road taxes;
Attachment C Page 10 of 22 CGA TERMS AND CONDITIONS
(S) all of their vehicles have current (cc) they shall assign or otherwise transfer to registrations and, unless such vehicles are the CGA, or afford the CGA the full benefits no longer in service, they shall not allow any of any manufacturer's warranty for the such registrations to lapse; Goods, to the extent that such warranties (t) each Contractor Party has vested in the are assignable or otherwise transferable to Contractor plenary authority to bind the the CGA. Contractor Parties to the full extent necessary or appropriate to ensure full 28. Representations and Warranties Concerning compliance with and Performance in Motor Vehicles. If in the course of accordance with all of the terms and Performance or in any other way related to conditions of the Contract and that all the Contract the Contractor at any time appropriate parties shall also provide, no uses or operates “motor vehicles,” as that later than fifteen (15) days after receiving a term is defined by Conn. Gen. Stat. §14-1 request from the CGA, such information as (including, but not limited to such services the CGA may require to evidence, in the as snow plowing, sanding, hauling or CGA’s sole determination, compliance with delivery of materials, freight or this section; merchandise, or the transportation of (u) except to the extent modified or abrogated passengers), the Contractor, represents and in the Contract, all Title shall pass to the warrants for itself and the Contractor CGA upon complete installation, testing and Parties, that: acceptance of the Goods or Services and payment by the CGA; (a) It is the owner of record or lessee of record (v) if either party Terminates the Contract, for of each such motor vehicle used in the any reason, they shall relinquish to the CGA Performance of the Contract, and each such all Title to the Goods delivered, accepted motor vehicle is duly registered with the and paid for (except to the extent any Connecticut Department of Motor Vehicles invoiced amount is disputed) by the CGA; (“ConnDMV”) in accordance with the (w) with regard to third party products provisions of Chapter 246 of the provided with the Goods, they shall transfer Connecticut General Statutes. Each such all licenses which they are permitted to registration shall be in valid status, and shall transfer in accordance with the applicable not be expired, suspended or revoked by third party license; ConnDMV , for any reason or cause. If such (x) they shall not copyright, register, distribute motor vehicle is not registered with or claim any rights in or to the Goods after ConnDMV, then it shall be duly registered the Effective Date of the Contract without with another state or commonwealth in the CGA’s prior written consent; accordance with such other state’s or (y) they either own or have the authority to commonwealth’s applicable statutes. Each use all Title of and to the Goods, and that such registration shall be in valid status, and such Title is not the subject of any shall not be expired, suspended or revoked encumbrances, liens or claims of ownership by such other state or commonwealth for by any third party; any reason or cause. (z) the Goods do not infringe or (b) Each such motor vehicle shall be fully misappropriate any patent, trade secret or insured in accordance with the provisions of other intellectual property right of a third Sections 14-12b, 14-112 and 38a-371 of the party; Connecticut General Statutes, as amended, (aa) the CGA's use of any Goods shall not in the amounts required by the said infringe or misappropriate any patent, trade sections or in such higher amounts as have secret or other intellectual property right of been specified by ConnDMV as a condition a third party; for the award of the Contract, or in (bb) if they procure any Goods, they shall accordance with all substantially similar sub-license such Goods and that the CGA provisions imposed by the law of the shall be afforded the full benefits of any jurisdiction where the motor vehicle is manufacturer or subcontractor licenses for registered. the use of the Goods; and
Attachment C Page 11 of 22 CGA TERMS AND CONDITIONS
(c) Each Contractor Party who uses or operates a motor vehicle at any time in the 30. Entirety of Contract. The Contract is the Performance of the Contract shall have and entire agreement between the parties with maintain a motor vehicle operator’s license respect to its subject matter, and or commercial driver’s license of the supersedes all prior agreements, proposals, appropriate class for the motor vehicle offers, counteroffers and understandings of being used or operated. Each such license the parties, whether written or oral. The shall bear the endorsement or Contract has been entered into after full endorsements required by the provisions of investigation, neither party relying upon Section 14-36a of the Connecticut General any statement or representation by the Statutes, as amended, to operate such other unless such statement or motor vehicle, or required by substantially representation is specifically embodied in similar provisions imposed by the law of the Contract. another jurisdiction in which the operator is licensed to operate such motor vehicle. The 31. Exhibits. All exhibits referred to in and license shall be in valid status, and shall not attached to the Contract are incorporated be expired, suspended or revoked by in this Contract by such reference and shall ConnDMV or such other jurisdiction for any be deemed to be a part of it as if they had reason or cause. been fully set forth in it. (d) Each motor vehicle shall be in full compliance with all of the terms and 32. Non-discrimination. conditions of all provisions of the (a) For purposes of this Section, the following Connecticut General Statutes and terms are defined as follows: regulations, or those of the jurisdiction (1) "Commission" means the where the motor vehicle is registered, Commission on Human Rights and pertaining to the mechanical condition, equipment, marking and operation of Opportunities; motor vehicles of such type, class and (2) "Contract" and “contract” include weight, including, but not limited to, any extension or modification of the requirements for motor vehicles having a Contract or contract; gross vehicle weight rating of 18,000 (3) "Contractor" and “contractor” pounds or more or motor vehicles include any successors or assigns of the otherwise described by the provisions of Contractor or contractor; Conn. Gen. Stat. § 14-163c(a) and all (4) "Gender identity or expression" applicable provisions of the Federal Motor Carrier Safety Regulations, as set forth in means a person's gender-related Title 49, Parts 382 to 399, inclusive, of the identity, appearance or behavior, Code of Federal Regulations. whether or not that gender-related identity, appearance or behavior is 29. Disclosure of Contractor Parties Litigation. different from that traditionally The Contractor shall require that all associated with the person's physiology Contractor Parties, as appropriate, disclose or assigned sex at birth, which gender- to the Contractor, to the best of their related identity can be shown by knowledge, any Claims involving the providing evidence including, but not Contractor Parties that might reasonably be expected to materially adversely affect their limited to, medical history, care or businesses, operations, assets, properties, treatment of the gender-related financial stability, business prospects or identity, consistent and uniform ability to Perform fully under the Contract, assertion of the gender-related identity no later than ten (10) Days after becoming or any other evidence that the gender- aware or after they should have become related identity is sincerely held, part of aware of any such Claims. Disclosure shall a person's core identity or not being be in writing. asserted for an improper purpose.
Attachment C Page 12 of 22 CGA TERMS AND CONDITIONS
(5) “good faith" means that degree matching expenditures, grants, loans, of diligence which a reasonable person insurance or guarantees. would exercise in the performance of legal duties and obligations; For purposes of this Section, the terms (6) "good faith efforts" shall include, "Contract" and “contract” do not but not be limited to, those reasonable include a contract where each initial efforts necessary to comply with contractor is (1) a political subdivision statutory or regulatory requirements of the state, including, but not limited and additional or substituted efforts to, a municipality, (2) a quasi-public when it is determined that such initial CGA, as defined in Conn. Gen. Stat. efforts will not be sufficient to comply Section 1-120, (3) any other state, with such requirements; including but not limited to any (7) "marital status" means being federally recognized Indian tribal single, married as recognized by the governments, as defined in Conn. Gen. state of Connecticut, widowed, Stat. Section 1-267, (4) the federal separated or divorced; government, (5) a foreign government, (8) "mental disability" means one or or (6) an CGA of a subdivision, CGA, more mental disorders, as defined in state or government described in the the most recent edition of the American immediately preceding enumerated Psychiatric Association's "Diagnostic items (1), (2), (3), (4) or (5). and Statistical Manual of Mental Disorders", or a record of or regarding a (b) (1)The Contractor agrees and warrants that person as having one or more such in the performance of the Contract such disorders; Contractor will not discriminate or permit (9) "minority business enterprise" discrimination against any person or group means any small contractor or supplier of persons on the grounds of race, color, of materials fifty-one percent or more religious creed, age, marital status, national of the capital stock, if any, or assets of origin, ancestry, sex, gender identity or which is owned by a person or persons: expression, mental retardation, mental (1) who are active in the daily affairs of disability or physical disability, including, the enterprise, (2) who have the power but not limited to, blindness, unless it is to direct the management and policies shown by such Contractor that such of the enterprise, and (3) who are disability prevents performance of the work members of a minority, as such term is involved, in any manner prohibited by the defined in subsection (a) of Connecticut laws of the United States or of the State of General Statutes § 32-9n; and Connecticut; and the Contractor further (10) "public works contract" means agrees to take affirmative action to insure any agreement between any individual, that applicants with job-related firm or corporation and the State or any qualifications are employed and that political subdivision of the State other employees are treated when employed than a municipality for construction, without regard to their race, color, religious rehabilitation, conversion, extension, creed, age, marital status, national origin, demolition or repair of a public ancestry, sex, gender identity or expression, building, highway or other changes or mental retardation, mental disability or improvements in real property, or physical disability, including, but not limited which is financed in whole or in part by to, blindness, unless it is shown by the the State, including, but not limited to, Contractor that such disability prevents performance of the work involved; (2) the
Attachment C Page 13 of 22 CGA TERMS AND CONDITIONS
Contractor agrees, in all solicitations or assistance activities and such other advertisements for employees placed by or reasonable activities or efforts as the on behalf of the Contractor, to state that it Commission may prescribe that are is an "affirmative action-equal opportunity designed to ensure the participation of employer" in accordance with regulations minority business enterprises in public adopted by the Commission; (3) the works projects. Contractor agrees to provide each labor (d) The Contractor shall develop and maintain union or representative of workers with adequate documentation, in a manner which the Contractor has a collective prescribed by the Commission, of its good bargaining agreement or other contract or faith efforts. understanding and each vendor with which (e) The Contractor shall include the provisions the Contractor has a contract or of subsection (b) of this Section in every understanding, a notice to be provided by subcontract or purchase order entered into the Commission, advising the labor union or in order to fulfill any obligation of a contract workers’ representative of the Contractor's with the State and such provisions shall be commitments under this section and to binding on a subcontractor, vendor or post copies of the notice in conspicuous manufacturer unless exempted by places available to employees and regulations or orders of the Commission. applicants for employment; (4) the The Contractor shall take such action with Contractor agrees to comply with each respect to any such subcontract or purchase provision of this Section and Connecticut order as the Commission may direct as a General Statutes §§ 46a-68e and 46a-68f means of enforcing such provisions and with each regulation or relevant order including sanctions for noncompliance in issued by said Commission pursuant to accordance with Connecticut General Connecticut General Statutes §§ 46a-56, Statutes §46a-56; provided if such 46a-68e and 46a-68f; and (5) the Contractor Contractor becomes involved in, or is agrees to provide the Commission on threatened with, litigation with a Human Rights and Opportunities with such subcontractor or vendor as a result of such information requested by the Commission, direction by the Commission, the and permit access to pertinent books, Contractor may request the State of records and accounts, concerning the Connecticut to enter into any such litigation employment practices and procedures of or negotiation prior thereto to protect the the Contractor as relate to the provisions of interests of the State and the State may so this Section and Connecticut General enter. Statutes § 46a-56. If the contract is a public (f) The Contractor agrees to comply with the works contract, the Contractor agrees and regulations referred to in this Section as warrants that he will make good faith they exist on the date of this Contract and efforts to employ minority business as they may be adopted or amended from enterprises as subcontractors and suppliers time to time during the term of this of materials on such public works projects. Contract and any amendments thereto. (g) (1) The Contractor agrees and warrants that (c) Determination of the Contractor's good in the performance of the Contract such faith efforts shall include, but shall not be Contractor will not discriminate or permit limited to, the following factors: The discrimination against any person or group Contractor's employment and of persons on the grounds of sexual subcontracting policies, patterns and orientation, in any manner prohibited by practices; affirmative advertising, the laws of the United States or the State of recruitment and training; technical Connecticut, and that employees are
Attachment C Page 14 of 22 CGA TERMS AND CONDITIONS
treated when employed without regard to subcontractor or vendor as a result of such their sexual orientation; (2) the Contractor direction by the Commission, the agrees to provide each labor union or Contractor may request the State of representative of workers with which such Connecticut to enter into any such litigation Contractor has a collective bargaining or negotiation prior thereto to protect the agreement or other contract or interests of the State and the State may so understanding and each vendor with which enter. such Contractor has a contract or understanding, a notice to be provided by 33. Tangible Personal Property. the Commission on Human Rights and (a) The Contractor on its behalf and on behalf of Opportunities advising the labor union or its Affiliates, as defined below, shall comply workers' representative of the Contractor's with the provisions of Conn. Gen. Stat. §12- 411b, as follows: commitments under this section, and to post copies of the notice in conspicuous (1) For the term of the Contract, the places available to employees and Contractor and its Affiliates shall collect applicants for employment; (3) the and remit to the State of Connecticut, Contractor agrees to comply with each Department of Revenue Services, any provision of this section and with each Connecticut use tax due under the regulation or relevant order issued by said provisions of Chapter 219 of the Commission pursuant to Connecticut Connecticut General Statutes for items of tangible personal property sold by the General Statutes § 46a-56; and (4) the Contractor or by any of its Affiliates in the Contractor agrees to provide the same manner as if the Contractor and Commission on Human Rights and such Affiliates were engaged in the Opportunities with such information business of selling tangible personal requested by the Commission, and permit property for use in Connecticut and had access to pertinent books, records and sufficient nexus under the provisions of accounts, concerning the employment Chapter 219 to be required to collect practices and procedures of the Contractor Connecticut use tax; which relate to the provisions of this (2) A customer’s payment of a use tax to the Contractor or its Affiliates relieves the Section and Connecticut General Statutes customer of liability for the use tax; § 46a-56. (3) The Contractor and its Affiliates shall (h) The Contractor shall include the provisions remit all use taxes they collect from of the foregoing paragraph in every customers on or before the due date subcontract or purchase order entered into specified in the Contract, which may not in order to fulfill any obligation of a contract be later than the last day of the month with the State and such provisions shall be next succeeding the end of a calendar binding on a subcontractor, vendor or quarter or other tax collection period during which the tax was collected; manufacturer unless exempted by (4) The Contractor and its Affiliates are not regulations or orders of the Commission. liable for use tax billed by them but not The Contractor shall take such action with paid to them by a customer; and respect to any such subcontract or purchase (5) Any Contractor or Affiliate who fails to order as the Commission may direct as a remit use taxes collected on behalf of its means of enforcing such provisions customers by the due date specified in the including sanctions for noncompliance in Contract shall be subject to the interest accordance with Connecticut General and penalties provided for persons Statutes § 46a-56; provided, if such required to collect sales tax under chapter 219 of the general statutes. Contractor becomes involved in, or is threatened with, litigation with a
Attachment C Page 15 of 22 CGA TERMS AND CONDITIONS
(b) For purposes of this section of the Contract, deemed to be a separate and distinct the word “Affiliate” means any person, as offense. The CGA may request that the defined in section 12-1 of the general Attorney General bring a civil action in the statutes, that controls, is controlled by, or is Superior Court for the Judicial District of under common control with another Hartford to seek imposition and recovery of person. A person controls another person if such civil penalty. In accordance with the person owns, directly or indirectly, subsection (f) of such statute, each large more than ten per cent of the voting state contractor, as defined in the statute, securities of the other person. The word shall post a notice of the provisions of the “voting security” means a security that statute relating to large state contractors in confers upon the holder the right to vote a conspicuous place which is readily for the election of members of the board of available for viewing by the employees of directors or similar governing body of the the Contractor. business, or that is convertible into, or entitles the holder to receive, upon its 35. Notice. All notices, demands, requests, exercise, a security that confers such a right consents, approvals or other to vote. “Voting security” includes a communications required or permitted to general partnership interest. be given or which are given with respect to (c) The Contractor represents and warrants this Contract (for the purpose of this section that each of its Affiliates has vested in the collectively called “Notices”) shall be Contractor plenary authority to so bind the deemed to have been effected at such time Affiliates in any agreement with the State of as the notice is placed in the U.S. mail, first Connecticut. The Contractor on its own class and postage pre-paid, return receipt behalf and on behalf of its Affiliates shall requested or placed with a recognized, also provide, no later than 30 days after overnight express delivery service that receiving a request by the State’s provides for a return receipt or sent via contracting authority, such information as email. the State may require to ensure, in the State’s sole determination, compliance with 36. Insurance. Before commencing the provisions of Chapter 219 of the Performance, the Contractor shall obtain Connecticut General Statutes, including, but and maintain at its own cost and expense not limited to, §12-411b. for the duration of the Contract, the following insurance as described in (a) 34. Whistleblowing. The Contract may be through (h) below. Contractor shall assume subject to the provisions of Section 4-61dd any and all deductibles in the described of the Connecticut General Statutes. In insurance policies. The Contractor’s accordance with this statute, if an officer, insurers shall have no right of recovery or employee or appointing authority of the subrogation against the State and the Contractor takes or threatens to take any described Contractor’s insurance shall be personnel action against any employee of primary coverage. Any failure to comply the Contractor in retaliation for such with the claim reporting provisions of the employee's disclosure of information to any policy shall not affect coverage provided to employee of the contracting state or quasi- the State. public CGA or the Auditors of Public Accounts or the Attorney General under the (a) Commercial General Liability: $1,000,000 provisions of subsection (a) of such statute, combined single limit per occurrence for the Contractor shall be liable for a civil bodily injury, personal injury and property penalty of not more than five thousand damage. Coverage shall include, Premises dollars for each offense, up to a maximum and Operations, Independent Contractors, of twenty per cent of the value of this Contract. Each violation shall be a separate Products and Completed Operations, and distinct offense and in the case of a Contractual Liability and Broad Form continuing violation, each calendar day's Property Damage coverage. If a general continuance of the violation shall be
Attachment C Page 16 of 22 CGA TERMS AND CONDITIONS
aggregate is used, the general aggregate respective rights and obligations as the limit shall apply separately to the project or term “Contractor.” the general aggregate limit shall be twice the occurrence limit. 40. Contractor Changes. The Contractor shall (b) Automobile Liability: $1,000,000 combined notify the CGA in writing no later than ten single limit per accident for bodily injury. (10) Days from the effective date of any Coverage extends to owned, hired and non- change in: owned automobiles. If the vendor/contractor does not own an (a) its certificate of incorporation or other automobile, but one is used in the organizational document; execution of the contract, then only hired more than a controlling interest in the and non-owned coverage is required. If a (b) ownership of the Contractor; or vehicle is not used in the execution of the contract then automobile coverage is not (c) the individual(s) in charge of the required. Performance. (c) Professional Liability: $1,000,000 limit of liability. This change shall not relieve the Contractor (d) Workers’ Compensation and Employers of any responsibility for the accuracy and Liability: Statutory coverage in compliance completeness of the Performance. The with the Compensation laws of the State of CGA, after receiving written notice by the Contractor of any such change, may require Connecticut. Coverage shall include such agreements, releases and other Employer’s Liability with minimum limits of instruments evidencing, to the CGA’s $100,000 each accident, $500,000 Disease – satisfaction, that any individuals retiring or Policy limit, $100,000 each employee. otherwise separating from the Contractor have been compensated in full or that 37. Headings. The headings given to the provision has been made for compensation sections in the Contract are inserted only in full, for all work performed under terms for convenience and are in no way to be of the Contract. The Contractor shall deliver such documents to the CGA in construed as part of the Contract or as a accordance with the terms of the CGA’s limitation of the scope of the particular written request. The CGA may also require, section to which the heading refers. and the Contractor shall deliver, a financial statement showing that solvency of the 38. Number and Gender. Whenever the Contractor is maintained. The death of any context so requires, the plural or singular Contractor Party, as applicable, shall not shall include each other and the use of any release the Contractor from the obligation to Perform under the Contract; the gender shall include all genders. surviving Contractor Parties, as appropriate, must continue to Perform under the 39. Parties. To the extent that any Contractor Contract until Performance is fully Party is to participate or Perform in any completed. way, directly or indirectly in connection with the Contract, any reference in the 41. Further Assurances. The parties shall Contract to “Contractor” shall also be provide such information, execute and deemed to include “Contractor Parties,” as deliver any instruments and documents and take such other actions as may be necessary if such reference had originally specifically or reasonably requested by the other party included “Contractor Parties” since it is the which are not inconsistent with the parties’ intent for the terms “Contractor provisions of this Contract and which do not Parties” to be vested with the same involve the vesting of rights or assumption of obligations other than those provided for
Attachment C Page 17 of 22 CGA TERMS AND CONDITIONS
in the Contract, in order to give full effect to (f) The Contractor shall cooperate fully the Contract and to carry out the intent of with the CGA or State and its agents in the Contract. connection with an audit or inspection. Following any audit or inspection, the 42. Audit and Inspection of Plants, Places of CGA or State may conduct and the Business and Records. Contractor shall cooperate with an exit conference. (a) The State and its agents, including, but (g) The Contractor shall incorporate this not limited to, the Connecticut Auditors entire Section verbatim into any of Public Accounts, Attorney General contract or other agreement that it and State’s Attorney and their enters into with any Contractor Party. respective agents, may, at reasonable hours, inspect and examine all of the 43. Background Checks. The CGA may require parts of the Contractor’s and Contractor that the Contractor and Contractor Parties Parties’ plants and places of business undergo criminal background checks as which, in any way, are related to, or provided for in the CGA procedures for involved in, the performance of this background checks. The Contractor and Contract. Contractor Parties shall cooperate fully as (b) The Contractor shall maintain, and shall necessary or reasonably requested with the require each of the Contractor Parties CGA and its agents in connection with such to maintain, accurate and complete background checks. Records. The Contractor shall make all of it’s and the Contractor Parties’ 44. Continued Performance. The Contractor Records available at all reasonable and Contractor Parties shall continue to hours for audit and inspection by the Perform their obligations under the CGA, State and its agents. Contract while any dispute concerning the (c) The CGA or State shall make all requests Contract is being resolved. for any audit or inspection in writing and shall provide the Contractor with at 45. Working and Labor Synergies. The least twenty-four (24) hours’ notice Contractor shall be responsible for prior to the requested audit and maintaining a tranquil working relationship inspection date. If the CGA or State between the Contractor work force, the suspects fraud or other abuse, or in the Contractor Parties and their work force, event of an emergency, the CGA or CGA employees, and any other contractors State is not obligated to provide any present at the work site. The Contractor prior notice. shall quickly resolve all labor disputes which (d) All audits and inspections shall be at the result from the Contractor's or Contractor CGA/State’s expense. Parties’ presence at the work site, or other (e) The Contractor shall keep and preserve action under their control. Labor disputes or cause to be kept and preserved all of shall not be deemed to be sufficient cause its and Contractor Parties’ Records until to allow the Contractor to make any claim three (3) years after the latter of (i) final for additional compensation for cost, payment under this Contract, or (ii) the expenses or any other loss or damage, nor expiration or earlier termination of this shall those disputes be deemed to be Contract, as the same may be modified sufficient reason to relieve the Contractor for any reason. The CGA or State may from any of its obligations under the request an audit or inspection at any Contract. time during this period. If any Claim or audit is started before the expiration of 46. Contractor Responsibility. this period, the Contractor shall retain or cause to be retained all Records until (a) The Contractor shall be responsible for the all Claims or audit findings have been entire Performance under the Contract resolved. regardless of whether the Contractor itself
Attachment C Page 18 of 22 CGA TERMS AND CONDITIONS
performs. The Contractor shall be the sole harm to the competitive position of the point of contact concerning the Contractor that would result if the management of the Contract, including identified material were to be released and Performance and payment issues. The the reasons why the materials are legally Contractor is solely and completely exempt from release pursuant to the FOIA. responsible for adherence by the To the extent that any other provision or Contractor Parties to all applicable part of the Contract, especially including the provisions of the Contract. Bid, the Records and the specifications, (b) The Contractor shall exercise all reasonable conflicts or is in any way inconsistent with care to avoid damage to the CGA property this section, this section controls and shall or to property being made ready for the apply and the conflicting provision or part CGA's use, and to all property adjacent to shall not be given effect. If the Contractor any work site. The Contractor shall indicates that certain documentation is promptly report any damage, regardless of submitted in confidence, by specifically and cause, to the CGA. clearly marking said documentation as CONFIDENTIAL,” the CGA will endeavor to 47. Severability. If any term or provision of the keep said information confidential to the Contract or its application to any person, extent permitted by law. The CGA, entity or circumstance shall, to any extent, however, has no obligation to initiate, be held to be invalid or unenforceable, the prosecute or defend any legal proceeding or remainder of the Contract or the to seek a protective order or other similar application of such term or provision shall relief to prevent disclosure of any not be affected as to persons, entities or information that is sought pursuant to a circumstances other than those as to whom FOIA request. The Contractor shall have the or to which it is held to be invalid or burden of establishing the availability of any unenforceable. Each remaining term and FOIA exemption in any proceeding where it provision of the Contract shall be valid and is an issue. In no event shall the CGA or the enforced to the fullest extent possible by State have any liability for the disclosure of law. any documents or information in its possession which the CGA believes are 48. Confidential Information. The CGA will required to be disclosed pursuant to the afford due regard to the Contractor’s FOIA or other requirements of law. request for the protection of proprietary or confidential information which the CGA 49. References to Statutes, Public Acts, receives. However, all materials associated Regulations, Codes and Executive Orders. with the Solicitation and the Contract are All references in this Contract to any subject to the terms of the Connecticut statute, public act, regulation, code or Freedom of Information Act (“FOIA”) and all executive order shall mean such statute, corresponding rules, regulations and public act, regulation, code or executive interpretations. In making such a request, order, respectively, as it has been amended, the Contractor may not merely state replaced or superseded at any time. generally that the materials are proprietary Notwithstanding any language in this or confidential in nature and not, therefore, Contract that relates to such statute, public subject to release to third parties. Those act, regulation, code or executive order, particular sentences, paragraphs, pages or and notwithstanding a lack of a formal sections that the Contractor believes are amendment to this Contract, this Contract exempt from disclosure under the FOIA shall always be read and interpreted as if it must be specifically identified as such. contained the most current and applicable Convincing explanation and rationale wording and requirements of such statute, sufficient to justify each exemption public act, regulation, code or executive consistent with the FOIA must accompany order as if their most current language had the request. The rationale and explanation been used in and requirements must be stated in terms of the prospective incorporated into this Contract at the time of its execution.
Attachment C Page 19 of 22 CGA TERMS AND CONDITIONS
the public CGA pursuant to FOIA. No 50. Cross-Default. request to inspect or copy such records or (a) If the Contractor or Contractor Parties files shall be valid unless the request is breach, default or in any way fail to Perform made to the public CGA in accordance with satisfactorily under the Contract, then the FOIA. Any complaint by a person who is CGA may, in its sole discretion, without denied the right to inspect or copy such more and without any action whatsoever records or files shall be brought to the required of the CGA, treat any such event as Freedom of Information Commission in a breach, default or failure to perform accordance with the provisions of sections under any or all other agreements or 1-205 and 1-206 of the Connecticut General arrangements (“Other Agreements”) that Statutes. the Contractor or Contractor Parties have with the CGA. Accordingly, the CGA may 52. Summary of State Ethics Laws. Pursuant to then exercise at its sole option any and all the requirements of section 1-101qq of the of its rights or remedies provided for in the Connecticut General Statutes, the summary Contract or Other Agreements, either of State ethics laws developed by the State selectively or collectively and without such Ethics Commission pursuant to section 1- election being deemed to prejudice any 81b of the Connecticut General Statutes is rights or remedies of the CGA, as if the incorporated by reference into and made a Contractor or Contractor Parties had part of the Contract as if the summary had suffered a breach, default or failure to been fully set forth in the Contract. perform under the Other Agreements. (b) If the Contractor or Contractor Parties 53. Sovereign Immunity. The parties breach, default or in any way fail to Perform acknowledge and agree that nothing in the satisfactorily under any or all Other Solicitation or the Contract shall be Agreements with the CGA or the State, then construed as a modification, compromise or the CGA may, in its sole discretion, without waiver by the CGA or the State of any rights more and without any action whatsoever or defenses of any immunities provided by required of the CGA, treat any such event as Federal law or the laws of the State of a breach, default or failure to Perform Connecticut to the State or any of its under the Contract. Accordingly, the CGA officers and employees, which they may may then exercise at its sole option any and have had, now have or will have with all of its rights or remedies provided for in respect to all matters arising out of the the Other Agreements or the Contract, Contract. To the extent that this section either selectively or collectively and without conflicts with any other section, this section such election being deemed to prejudice shall govern. any rights or remedies of the CGA or the State, as if the Contractor or Contractor 54. Time of the Essence. Time is of the essence Parties had suffered a breach, default or with respect to all provisions of this failure to Perform under the Contract. Contract that specify a time for performance; provided, however, that this 51. Disclosure of Records. This Contract may be provision shall not be construed to limit or subject to the provisions of section 1-218 of deprive a party of the benefits of any grace the Connecticut General Statutes. In or use period allowed in this Contract. accordance with this statute, each contract in excess of two million five hundred 55. Certification as Small Contractor or Minority thousand dollars between a public CGA and Business Enterprise. The Contractor shall a person for the performance of a be in breach of this Contract if the governmental function shall (a) provide that Contractor is certified as a “small the public CGA is entitled to receive a copy contractor” or a “minority business of records and files related to the enterprise” under Conn. Gen. Stat. § 4a-60g performance of the governmental function, and that certification lapses during the term and (b) indicate that such records and files of this Contract. are subject to FOIA and may be disclosed by
Attachment C Page 20 of 22 CGA TERMS AND CONDITIONS
i. A security policy for employees related to the 56. Campaign Contribution Restriction. For all storage, access and State contracts as defined in Conn. Gen. transportation of data Stat. § 9-612(g)(1) having a value in a calendar year of $50,000 or more or a containing Confidential combination or series of such agreements Information; or contracts having a value of $100,000 or ii. Reasonable restrictions on more, the authorized signatory to this access to records containing Contract expressly acknowledges receipt of Confidential Information, the State Elections Enforcement including access to any locked Commission's notice advising state contractors of state campaign contribution storage where such records and solicitation prohibitions, and will inform are kept; its principals of the contents of the notice, iii. A process for reviewing as set forth in “Notice to Executive Branch policies and security State Contractors and Prospective State measures at least annually; Contractors of Campaign Contribution and iv. Creating secure access Solicitation Limitations,” attached as Exhibit C in the Contract. controls to Confidential Information, including but not 57. Protection of Confidential Information. limited to passwords; and (a) Contractor and Contractor Parties, at v. Encrypting of Confidential their own expense, have a duty to and Information that is stored on shall protect from a Confidential laptops, portable devices or Information Breach any and all being transmitted Confidential Information which they electronically. come to possess or control, wherever and however stored or maintained, in a (c) The Contractor and Contractor Parties commercially reasonable manner in shall notify the CGA and the accordance with current industry Connecticut Office of the Attorney standards. General as soon as practical, but no (b) Each Contractor or Contractor Party later than twenty-four (24) hours, after shall develop, implement and maintain they become aware of or suspect that a comprehensive data - security any Confidential Information which program for the protection of Contractor or Contractor Parties have Confidential Information. The come to possess or control has been safeguards contained in such program subject to a Confidential Information shall be consistent with and comply with Breach. If a Confidential Information the safeguards for protection of Breach has occurred, the Contractor Confidential Information, and shall, within three (3) business days information of a similar character, as set after the notification, present a credit forth in all applicable federal and state monitoring and protection plan to the law and written policy of the CGA or Commissioner of Administrative State concerning the confidentiality of Services, the CGA and the Connecticut Confidential Information. Such data- Office of the Attorney General, for security program shall include, but not review and approval. Such credit be limited to, the following: monitoring or protection plan shall be made available by the Contractor at its
Attachment C Page 21 of 22 CGA TERMS AND CONDITIONS
own cost and expense to all individuals records and accounts for the fiscal year(s) in affected by the Confidential which the award was made. The contractor Information Breach. Such credit will comply with federal and state single monitoring or protection plan shall audit standards as applicable. include, but is not limited to reimbursement for the cost of placing 59. Anti-Trust and lifting one (1) security freeze per Contractor hereby irrevocably assigns to the credit file pursuant to Connecticut State of Connecticut all rights, title and General Statutes § 36a-701a. Such interest in and to all Claims associated with credit monitoring or protection plans this Contract that Contractor now has or shall be approved by the CGA in may or will have and that arise under the antitrust laws of the United States, 15 USC accordance with this Section and shall Section 1, et seq. and the antitrust laws of cover a length of time commensurate the State of Connecticut, Connecticut with the circumstances of the General Statute § 35-24, et seq., including Confidential Information Breach. The but not limited to any and all Claims for Contractors’ costs and expenses for the overcharges. This assignment shall become credit monitoring and protection plan valid and effective immediately upon the shall not be recoverable from the CGA, accrual of a Claim without any further any State of Connecticut entity or any action or acknowledgment by the parties. affected individuals. (d) The Contractor shall incorporate the This section is not applicable to the requirements of this Section in all Purchase of Service Contracts, MOUs subcontracts requiring each Contractor between state agencies, leases or grants Party to safeguard Confidential where the State provides funds but is not Information in the same manner as "purchasing" directly the goods or services. provided for in this Section. (e) Nothing in this Section shall supersede in any manner Contractor’s or Contractor Party’s obligations pursuant to HIPAA or the provisions of this Contract concerning the obligations of the Contractor as a Business Associate of Covered Entity.
58. Audit Requirements for Recipients of State Financial Assistance. For purposes of this paragraph, the word "contractor" shall be deemed to mean "nonstate entity," as that term is defined in Section 4-230 of the Connecticut General Statutes. The contractor shall provide for an annual financial audit acceptable to the CGA for any expenditure of state-awarded funds made by the contractor. Such audit shall include management letters and audit recommendations. The State Auditors of Public Accounts shall have access to all
Attachment C Page 22 of 22
CGA STYLE GUIDE
Connecticut General Assembly Style Guide
VERSION 1.0
December 2016
Page | 1
CGA STYLE GUIDE
Specifications
Ink color: Black ink only
Font: 12-point font/COURIER NEW
Borders: None
Line numbering: No
Line Spacing: HOUSE - Double SENATE - Single COMMITTEE - Single
Headers and Footers: Page number to the far right for House and Senate, far left for Committee. Use the number, not the word (page). See samples. For the initials in the header, please insert transcriptionist initials. The other initials are done by those individuals who also touch the document.
SAMPLE
kbk 2 HOUSE OF REPRESENTATIVES April 20, 2016
cf/kbk 2 SENATE September 28, 2016
2 April 15 2016 mb/avg JUDICIARY COMMITTEE 1:30 P.M.
Margins: HOUSE Left 1.75 inch Right 1.5 inch Top 1 inch Bottom 1.5 inch SENATE Left 1.75 inch Right 1.5 inch Top 1 inch Bottom 1.5 inch COMMITTEE Left 1.75 inch Right 1.5 inch Top 1 inch Bottom 1.5 inch
Page | 2
CGA STYLE GUIDE
Session Opening
Begin each report in the specific format of the House, Senate and Committee
HOUSE:
Center the title with the current date including day of the week. Indent the opening statement and enter the actual time the session started in the format below. Double space between title and opening, and again before the first speaker is identified.
SAMPLE:
THE CONNECTICUT GENERAL ASSEMBLY
THE HOUSE OF REPRESENTATIVES
Wednesday, April 20, 2016
(The House of Representatives was called to
order at 11:02 o'clock a.m., Deputy Speaker Godfrey
of the 110th District in the Chair.)
DEPUTY SPEAKER GODFREY (110TH):
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CGA STYLE GUIDE
SENATE:
Center the title with the current date including day of the week. Do not indent the opening statement and enter the actual time the session started in the format below. Double space between lines in the title and triple space between title and opening. Double space between opening and the identification of the first speaker. The acting Chair is always referred to as “THE CHAIR”, but if the President of the Senate is not the acting chair then they are referred to by their name and district. Double space between speakers.
SAMPLE:
CONNECTICUT GENERAL ASSEMBLY
SENATE
Wednesday, September 28, 2016
The Senate was called to order at 10:38 a.m., the President in the Chair.
THE CHAIR:
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CGA STYLE GUIDE
COMMITTEE:
There may be an instance where an audio file accidentally includes a non-public Committee hearing. Only public hearings are to be transcribed. Contact your supervisor should you encounter audio from a non-public hearing.
Identify the Chairpersons, Senators and Representatives as is in the example below. Double space between each category and triple space before the first speaker is identified. Move directly into the text after the speaker is identified, do not start a new line. Speakers are always identified by their respective chamber and district. Not as “CHAIR” even if they are acting as the chair. Double space between speakers.
SAMPLE:
CHAIRPERSONS: Senator Eric Coleman Represenative William Tong
SENATORS: Kissel, Flexer, Gerratana, Linares, Winfield
REPRESENTATIVES: Fox, Rebimbas, Adinolfi, Aman, Baram, Candelora, Carpino, Dillon, Dubitsky, Godfrey, Gonzalez, Gresko, Harding, Hewett, Labriola, McGorty, Morris, O’Neil, Porter, Riley, Sampson, Simmons, Stafstrom, Verrengia
SENATOR COLEMAN (2ND): And to begin, Chair will yield to Representative Porter for purposes of an announcement.
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CGA STYLE GUIDE
Identifying Speakers
House:
Identify each speaker in all caps with REP. name and district number in parenthesis followed by a colon. The Speaker or Deputy Speaker is only identified as such if they are acting in the capacity of the Speaker, e.g. if Deputy Speaker Godfrey speaks while Speaker Sharkey is the acting Speaker then he is referred to as REP. GODFREY (110TH):. The clerk is identified as “CLERK”. Start the text of each speaker on a new line after the identification and indent the first line of the spoken text of the speaker.
DEPUTY SPEAKER GODFREY (110TH):
(Gavel) The House of Representatives will
please come to order. Will members, staff and…
REP. HENNESSY (127TH):
Thank you, Mr. Speaker. Mr. Speaker, I move
acceptance of the Joint Committee's favorable report
Senate:
Identify each speaker in all caps with SENATOR name and district number in parenthesis followed by a colon. The acting Chair is always identified as “THE CHAIR”, the clerk is identified as “CLERK”. Double space between the identification of the speaker and the text of their comments. Do not indent.
THE CHAIR:
Okay, good morning. The Senate will come to order. Members and guests, please rise. Direct your…
SENATOR DUFF (25TH):
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CGA STYLE GUIDE
Thank you, Madam President. To thank you for allowing me to do the Pledge of Allegiance.
Committee:
Speakers are always identified by their respective chamber and district. Not as “CHAIR” even if they are acting as the chair. Double space between speakers. Text begins without carriage return after identification of speaker. None member speakers are identified with their appropriate title, i.e. MR. MS. DR. etc.
SENATOR COLEMAN (2ND): And to begin, Chair will yield to Representative Porter for purposes of an announcement.
REP. PORTER (94TH): In the interest of safety, I would ask you to note the location of and access to
VOTES
HOUSE:
House votes should be recorded using the following format. Clerk identified. Space and tab, identify the bill being voted upon. Space and double tab for each line of the results.
SAMPLE:
CLERK:
House Bill 5359 as amended by House "A"
Total number Voting 129
Necessary for Passage 65
Those voting Yea 129
Those voting Nay 0
Those absent and not Voting 21 Page | 7
CGA STYLE GUIDE
SENATE:
Senate votes should be recorded using the following format. Clerk identified. Double space, identify the bill being voted upon. Double space and tab for each line of the results.
SAMPLE:
CLERK:
Senate Bill No. 601.
Total number voting 36 Those voting Yea 35 Those voting Nay 1 Absent and not voting 0
RECESS and ADJOURNMENT
HOUSE :
Recesses and Adjournments should follow the examples listed below with the exact text and format, with first line indented and entire notation in parenthesis. The correct Representative and time should be substituted but otherwise use the exact language of the samples. These notations should follow the call from the Speaker without added line spacing
Recess: (On motion of Representative Aresimowicz of the
30th District, the House recessed at 4:10 o'clock
p.m. to meet again at the Call of the Chair.)
Adjournment:
(On motion of Representative Aresimowicz of the
30TH District, the House adjourned at 12:10 o’clock
a.m, to meet again at the Call of the Chair.)
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CGA STYLE GUIDE
SENATE:
Recesses and Adjournments should follow the examples listed below with the exact text and format, with first line not indented and entire notation in parenthesis. The correct Senator and time should be substituted but otherwise exact language of the samples. These notations should follow the call from the Chair with an additional carriage return as if changing speakers.
Despite the audio possibly being listed as separate files, the transcription is to be combined into a single document.
RECESS:
ADJOURNMENT:
(On the motion of Senator Duff of the 25th, the Senate at 1:16 p.m. adjourned Sine Die.)
VERBATIM TRANSCRIPTION
Do not include: Ah’s, er’s, um’s, stutters and stammers e.g, ‘I st, st, st,.” INCLUDE All ‘non-standard’ language (e.g., ain’t, ‘cause, gonna). [laughter] [yelling] [swearing] [pause] [throat clearing] [coughing] [details of interruptions]. Do NOT tidy up sentences in order to improve grammar or flow. Type what is actually said. Exception is: do NOT type swearing. Use: “[swearing]”
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CGA STYLE GUIDE
Grammar/Punctuation
Capitalization – Avoid capitalizing words unnecessarily, limiting it to names, dates, addresses, direct personal titles, company names, countries, states, and nationalities.
House and Senate bills should be identified in all caps.
“There is an Emergency Certification, Senate Bill Number 503, AN ACT AUTHORIZING AND ADJUSTING BOND OF THE STATE OF CONNECTICUT FOR CAPITAL IMPROVEMENTS TRANSPORTATION AND OTHER PURPOSES AND AUTHORIZING THE STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS.” Capitalize all acronyms Capitalize the following terms o “House Resolution” o “Joint Resolution” o “Senate Resolution” o “Joint Standing Committee” o “xxxxxxxx Committee” e.g. “Environment Committee”
Numbers Spell out numbers from one to ten, fractions less than one (e.g., one-half, two-thirds), and those numbers that begin a sentence. Add a “$” for money, e.g. “$120 million dollars” Numbers should always be typed as numerals, regardless of their denomination or if they are the first word of a sentence.
Italicization – It is customary practice to italicize the following items: Book, magazine, periodical and newspaper titles (“I’ve been subscribing to the New York Times since college.”) Ship titles (“We sailed on the Queen Elizabeth II for eight days.”) Case citations (“Your Honor, I’m citing from Ohio State 3rd 468.”) Television show and movie titles (“We watched Law & Order four times last weekend!”) To highlight a specific term (“She used the term schizophrenic every time she referred to her sister.”)
Punctuation Transcribers shall use commonly accepted rules for punctuation. Breaks in Speech - if a speaker breaks speech in mid thought, or pauses and restarts, use a – (double dash) to indicate the break Page | 10
CGA STYLE GUIDE
Indiscernible
[word(s) being questioned 02:43:01] to indicate any word(s) that we are not 100% certain of. [inaudible 02:43:01]. [indiscernible 02:43:01] Contact supervisor for assistance. If supervisor unable to discern, contact CGA.
Prayer
If the Chaplain is introduced as a “guest Chaplain”, annotate that when the individual speaks, e.g. “GUEST CHAPLAIN TOLLAND”. Do not insert a carriage return for “Amen”.
On the Record
Do not transcribe verbiage when the speaker is unaware that the microphone is turned on.
Problems with audio
Transcribers encountering gaps in the recordings or other audio difficulties when preparing transcripts from electronic recordings shall report such problems to your TEAM LEAD IMMEDIATELY.
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CGA STYLE GUIDE
Certificates
Insert using copy and paste the following certificate at the end of each House Proceeding.
I hereby certify that the foregoing ______pages
are a complete and accurate transcription of a
digital sound recording of the House Proceedings on
______.
I further certify that the digital sound
recording was transcription by the word processing
department employees of Alpha Transcription, under
my direction.
______
Alpha Transcription 3244 Ridge View Ct #104 Lake Ridge VA 22192
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CGA STYLE GUIDE
HOUSE OF REPRESENTATIVES A
Abercrombie, Catherine F DISTRICT: 083 Ackert, Tim DISTRICT: 008 Adams, Terry DISTRICT: 146 Adniolfi, Al DISTRICT: 103 Alberts, Mike DISTRICT: 050 Albis, James DISTRICT: 099 Alexander, David DISTRICT: 058 Altobello, Emil DISTRICT: 082 Aman, William DISTRICT: 014 Arce, Angel DISTRICT: 004 Arconti, David DISTRICT: 109 Aresimowicz, Joe DISTRICT: 030
B
Baker, Andre F DISTRICT: 124 Baram, David DISTRICT: 015 Becker, Brian DISTRICT: 019 Belsito, Sam DISTRICT: 053 Berger, Jeffrey J. DISTRICT: 073 Berthel, Eric C. DISTRICT: 068 Betts, Whit DISTRICT: 078 Bocchino, Mike DISTRICT: 150 Bolinsky, Mitch DISTRICT: 106 Boukus, Elizabeth A. DISTRICT: 022 Brycki, Paul DISTRICT: 045 Buck-Taylor, Cecilia DISTRICT: 067 Bumgardner, Aundre DISTRICT: 041 Butler, Larry B. DISTRICT: 072 Byron, Gary DISTRICT: 027
C
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CGA STYLE GUIDE
Camillo, Fred DISTRICT: 151 Candelaria, Juan R. DISTRICT: 095 Candelora, Vincent J. DISTRICT: 086 Carney, Devin R. DISTRICT: 023 Carpino, Christy M. DISTRICT: 032 Carter, Dan DISTRICT: 002 Case, Jay M. DISTRICT: 063 Conroy, Theresa DISTRICT: 105 Cook, Michelle L. DISTRICT: 065 Currey, Jeff DISTRICT: 011
D
D’Agostino, Michael DISTRICT: 091 D’Amelio, Anthony J. DISTRICT: 071 Dargan, Stephen D. DISTRICT: 115 Davis, Christopher DISTRICT: 057 Demicco, Mike DISTRICT: 021 Devlin, Laura DISTRICT: 134 Dillon, Patricia A. DISTRICT: 092 Dubitsky, Doug DISTRICT: 047
E
Esposito, Louis P. DISTRICT: 116
F
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CGA STYLE GUIDE
Ferraro, Charles J. DISTRICT: 117 Fishbein, Craig DISTRICT: 090 Fleischmann, Andrew DISTRICT: 018 Floren, Livvy DISTRICT: 149 Fox, Daniel DISTRICT: 148 France, Mike DISTRICT: 042 Frey, John DISTRICT: 111
G
Genga, Henry DISTRICT: 010 Gentile, Linda DISTRICT: 104 Giegler, Janice DISTRICT: 138 Godfrey, Bob DISTRICT: 110 Gonzalez, Minnie DISTRICT: 003 Gresko, Joseph DISTRICT: 121 Guerrero, Antonio DISTRICT: 029
H
Haddad, Gregory DISTRICT: 054 Hampton, John K. DISTRICT: 016 Harding, Stephen DISTRICT: 107 Hennessy, John “Jack” DISTRICT: 127 Hewett, Ernest DISTRICT: 039 Hoydick, Laura DISTRICT: 120
J
Janowski, Claire DISTRICT: 056 Johnson, Susan DISTRICT: 049 Jutila, Ed DISTRICT: 037
K
Page | 15
CGA STYLE GUIDE
Kiner, David DISTRICT: 059 Klarides, Themis DISTRICT: 114 Kokoruda, Noreen DISTRICT: 101 Kupchick, Brenda DISTRICT: 132
L
Labriola, David DISTRICT: 131 Lavielle, Gail DISTRICT: 143 LeGeyt, Timothy DISTRICT: 017 Lemar, Roland DISTRICT: 096 Lesser, Matthew DISTRICT: 100 Lopes, Rick DISTRICT: 024 Luxenberg, Kelly J.S. DISTRICT: 012
M
MacLachlan, Jesse DISTRICT: 035 McCarthy Vahey, Cristin DISTRICT: 133 McCarty, Kathleen DISTRICT: 038 McCrory, Douglas DISTRICT: 007 McGee, Brandon DISTRICT: 005 McGorty, Ben DISTRICT: 122 Megna, Robert DISTRICT: 097 Miller, Patricia Billie DISTRICT: 145 Miller, Phillip DISTRICT: 036 Miner, Craig DISTRICT: 066 Morin, Russell DISTRICT: 028 Morris, Bruce DISTRICT: 140 Mulligan, Gayle DISTRICT: 055 Mushinsky, Mary DISTRICT: 085
N
Nicastro, Frank DISTRICT: 079 Page | 16
CGA STYLE GUIDE
Noujaim, Selim DISTRICT: 074
O
O’Dea, Tom DISTRICT: 125 O’Neill, Arthur DISTRICT: 069 Orange, Linda DISTRICT: 048
P
Pavalock, Cara Christine DISTRICT: 077 Perillo, Jason DISTRICT: 113 Perone, Chris DISTRICT: 137 Piscopo, John DISTRICT: 076 Porter, Robyn DISTRICT: 094
R
Randall, Christine DISTRICT: 044 Rebimbas, Rosa DISTRICT: 070 Reed, Lonnie DISTRICT: 102 Reyes, Geraldo DISTRICT: 075 Riley, Emmett DISTRICT: 046
Ritter, Matthew DISTRICT: 001 Rojas, Jason DISTRICT: 009 Rosario, Christopher DISTRICT: 128 Rose, Kim DISTRICT: 118 Rovero, Daniel DISTRICT: 051 Rutigliano, David DISTRICT: 123 Ryan, Kevin DISTRICT: 139
S
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CGA STYLE GUIDE
Sampson, Robert DISTRICT: 080 Sanchez, Robert DISTRICT: 025 Santiago, Ezequiel DISTRICT: 130 Santiago, Hilda DISTRICT: 084 Sayers, Peggy DISTRICT: 060 Scanlon, Sean DISTRICT: 098 Scott, John DISTRICT: 040 Serra, Joseph DISTRICT: 033 Shaban, John DISTRICT: 135 Sharkey, J. Brendan DISTRICT: 088 Simanski, Bill DISTRICT: 062 Simmons, Caroline DISTRICT: 144 Smith, Richard DISTRICT: 108 Sredzinski, J.P. DISTRICT: 112 Srinivasan, Prasad DISTRICT: 031 Stafstrom, Steven DISTRICT: 129 Stallworth, Charles DISTRICT: 126 Staneski, Pam DISTRICT: 119 Steinberg, Jonathan DISTRICT: 136
T
Tercyak, Peter DISTRICT: 026 Tong, William DISTRICT: 147 Tweedie, Mark DISTRICT: 013
U
Urban, Diana DISTRICT: 043
V
Vail, Kurt DISTRICT: 052 Vargas, Edwin DISTRICT: 006 Verrengia, Joe DISTRICT: 020
Page | 18
CGA STYLE GUIDE W
Walker, Toni E. DISTRICT: 093 Willis, Roberta B. DISTRICT: 064 Wilms, Fred DISTRICT: 142 Wood, Terrie DISTRICT: 141
Y-Z
Yaccarino, Dave DISTRICT: 087 Zawistowski, Tami DISTRICT: 061 Ziobron, Melissa DISTRICT: 034 Zoni, David DISTRICT: 081 Zupkus, Lezlye DISTRICT: 089
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CGA STYLE GUIDE
SENATE MEMBERS
B
Bartolomeo, Dante DISTRICT: S13 Boucher, Toni DISTRICT: S26 Bye, Beth DISTRICT: S05
C
Cassano, Steve DISTRICT: S04 Chapin, Clark DISTRICT: S30 Coleman, Eric DISTRICT: S02
D
Doyle, Paul DISTRICT: S09 Duff, Bob DISTRICT: S25
F
Fasano, Leonard DISTRICT: S34 Flexer, Mae DISTRICT: S29 Fonfara, John DISTRICT: S01 Formica, Paul DISTRICT: S20 Frantz, L. Scott DISTRICT: S36
G
Gerratana, Terry DISTRICT: S06 Gomes, Edwin DISTRICT: S23 Guglielmo, Anthony DISTRICT: S35
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CGA STYLE GUIDE
H
Hartley, Joan DISTRICT: S15 Hwang, Tony DISTRICT: S28
K
Kane, Robert DISTRICT: S32 Kelly, Kevin DISTRICT: S21 Kennedy, Ted DISTRICT: S12 Kissel, John DISTRICT: S07
L
Larson, Timothy DISTRICT: S03 Leone, Carlo DISTRICT: S27 Linares, Art DISTRICT: S33 Looney, Martin DISTRICT: S11
M
Markley, Joe DISTRICT: S16 Martin, Henri DISTRICT: S31 Maynard, Andrew DISTRICT: S18 McLachlan, Michael DISTRICT: S24 Moore, Marilyn DISTRICT: S22
O
Osten, Catherine DISTRICT: S19
Page | 21
CGA STYLE GUIDE S
Slossberg, Gayle DISTRICT: S14
W
Winfield, Gary DISTRICT: S10 Witkos, Kevin DISTRICT: S08
Page | 22
ATTACHMENT E rgd/gdm/gbr 1 HOUSE OF REPRESENTATIVES February 4, 2011
THE CONNECTICUT GENERAL ASSEMBLY
THE HOUSE OF REPRESENTATIVES
FRIDAY, FEBRUARY 4, 2011
The House of Representatives was called to order at 12:17 o'clock p.m., Speaker Christopher G.
Donovan in the Chair.
SPEAKER DONOVAN:
Will the House please come to order.
Members, staff and guests please rise and draw your attention to the dais where Assistant Chaplain
Garland Higgins will lead us in prayer.
ASSISTANT CHAPLAIN REVEREND GARLAND D. HIGGINS:
Let us pray.
Sovereign God, Creator and parent of us all,
You are our redeemer and liberator. In the midsts of these trying times, grant Your servants wisdom to do Your will.
Oh, Lord, I ask that You raise the level of spiritual authority given to those who have been charged with watching out for Your people. Grow our leaders to be like You. Help them to see You as their greatest treasure. Help them to willingly rgd/gdm/gbr 2 HOUSE OF REPRESENTATIVES February 4, 2011 submit to Your authority as they bend their knee in obedience to Your vision in order to lead this
State. And ultimately may You use Your servants to bring love, peace and joy.
To You -- all -- God be all the honor and glory.
Amen.
SPEAKER DONOVAN:
Thank you.
Would Representative Matthew Ritter of the 1st
District please come to the dais and lead us in the
Pledge of Allegiance.
REP. RITTER (38th):
I pledge allegiance to the Flag of the United
States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
SPEAKER DONOVAN:
Is there any business on the Clerk's desk.
THE CLERK:
Mr. Speaker, a report from the State of
Connecticut Insurance Department regarding
Connecticut mandated health insurance review, to be referred to the Committee on Insurance and Real rgd/gdm/gbr 3 HOUSE OF REPRESENTATIVES February 4, 2011
Estate.
SPEAKER DONOVAN:
Refer to the Committee on Insurance and Real
Estate.
THE CLERK:
Also, Mr. Speaker, House Resolution Number 16.
SPEAKER DONOVAN:
To be tabled for the calendar.
THE CLERK:
And List of Bills Number 20, dated February 4,
2011.
SPEAKER DONOVAN:
Representative Sharkey.
REP. SHARKEY (88th):
Mr. Speaker, I move that we waive the reading of the List of Bills Number 20, dated February 4,
2011 to be referred to the committees indicated.
SPEAKER DONOVAN:
Without objection, so ordered.
Are there any announcements or introductions?
Any announcements or introductions?
Representative Kupchick.
REP. KUPCHICK (132nd):
Thank you, Mr. Speaker. rgd/gdm/gbr 4 HOUSE OF REPRESENTATIVES February 4, 2011
Mr. Speaker, I rise to pay tribute to a man who is a great friend and mentor, not only to me, but also to many in this Chamber.
SPEAKER DONOVAN:
Excuse me. Excuse me, Representative.
Members of the Chamber, I hope we can have quiet in the Chamber. We're speaking -- the
Representative is speaking on a former House member.
Please proceed, Representative.
REP. KUPCHICK (132nd):
Thank you for the moment of personal privilege.
Former State Representative Carl J. Dickman passed away last Sunday at the age of 84. While this Chamber will give him full honor and recognition in the legacy of his service that he leaves behind a later date this session, I feel it is important to note today the passing of this statesman who gave so much of himself into the work of this Chamber while he served here from 1995 to
2005.
Carl Dickman was among the most -- among the
State's most honorable public servants. He rgd/gdm/gbr 5 HOUSE OF REPRESENTATIVES February 4, 2011 dedicated his time, energy and life to making our
State and my home town of Fairfield a wonderful place to live, work and raise a family.
Carl's service spanned five decades and included service on many local boards and commissions, including the board of selectmen and also a member of the Republican state central committee. However the most -- he most loved serving here in representing the people of the
132nd District.
Carl Dickman's kindness and decency extended beyond the confines of party. And in my hometown of Fairfield, Carl was known as a resident expert on parliamentary procedure; teaching newly elected members on the board of selectmen, board of finance and the RTM, both Democrat and Republican, with his
Dickman's traffic lights of parliamentary procedure, which many of you may have remembered seeing.
His goal was to give us the tools that we needed to be better representatives while doing the people's work. To know Carl was to know that his greatest love was his late wife, Grace, and his daughters, Maureen and Kathy and, of course, his rgd/gdm/gbr 6 HOUSE OF REPRESENTATIVES February 4, 2011 beloved Red Sox.
I feel very blessed to say that Carl Dickman was my friend. I have greatly benefited from his wisdom and his knowledge. His love of service was an inspiration to me, as it was to many others, and
I am humbled and truly honored to sit in this seat that Carl held so passionately.
I will be certain to carry his memory forward in representing the people of the 132nd District in a way that I hope that will make Carl proud.
Thank you.
I yield to Representative Tong.
SPEAKER DONOVAN:
Representative, I was just calling
Representative Tong.
Representative Tong.
REP. TONG (147th):
Thank you, Mr. Speaker.
Carl Dickman has served Fairfield as a great public servant for over 45 years. His tireless service and contribution to our community in
Fairfield is beyond measure and we are totally indebted to him for his contributions, and he will be sorely missed. rgd/gdm/gbr 7 HOUSE OF REPRESENTATIVES February 4, 2011
I will now defer to Majority Leader Sharkey.
SPEAKER DONOVAN:
Representative, actually I will call --
REP. TONG (147th):
To you, Speaker.
SPEAKER DONOVAN:
-- Representative Rowe.
REP. ROWE (123rd):
Thank you, Mr. Speaker. Briefly, would add my condolences to the Dickman family.
But just -- Carl, who used to sit in the front row down there, was a man that was a joy to know.
He was quick witted, always had a smile, a good thing to say even when it was, you know, three o'clock in the morning and we were all suffering from the things we suffer from around here at three in the morning.
He was dedicated to his constituents. He loved public service. But as Representative
Kupchick said, he loved his family, which of course is most important.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you. Thank you, Representative. rgd/gdm/gbr 8 HOUSE OF REPRESENTATIVES February 4, 2011
Representative Sharkey.
REP. SHARKEY (88th):
Thank you, Mr. Speaker.
Mr. Speaker, for this side of the aisle, I also want to express my condolences to the Dickman family and to thank them for sharing him with us.
As a -- as a new freshman here in this House,
Carl was someone on the other side of the aisle that I could always go to for a laugh and for a voice of encouragement. And he seemed to have no bounds with regard to partisan issues.
Everything about him -- having grown up in
Fairfield myself, my friends and family who still lived in Fairfield knew Carl very well and respected him very much. And I -- I appreciate the fact that I got a chance to know him in my first few years here. And on behalf of this side of the aisle, we wish -- we wish his family well.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Cafero.
REP. CAFERO (142nd):
Thank you, Mr. Speaker. rgd/gdm/gbr 9 HOUSE OF REPRESENTATIVES February 4, 2011
Ladies and gentlemen, I guess for those of us who have been here longer than others, this gets so hard to do. Because more and more, unfortunately, you hear the passing of members of our family who we had an opportunity to serve with. Many of us served with Carl Dickman for ten years and, again, a member of our family is gone.
A smiling face, a wonderful man full of love and life who always had a kind word, but a passion for service, he'll be sorely, sorely missed.
Our sympathies go to the Dickman family. For those who are interested, tonight there are services at the Lesko Funeral Home from 4 to 8 in
Fairfield, Connecticut and also the funeral will be tomorrow at 10 a.m., at St. Emery's Church on Kings
Highway in Fairfield.
Mr. Speaker, I would ask that we pay tribute to our dear friend by a moment of silence.
SPEAKER DONOVAN:
Thank you, Representative.
Will members please rise in a moment of silence for our good friend, Representative Carl
Dickman.
Thank you. rgd/gdm/gbr 10 HOUSE OF REPRESENTATIVES February 4, 2011
Will the Clerk please call Calendar Number 5.
THE CLERK:
State of Connecticut House of Representatives
Calendar for Friday February 4, 2011.
On page 1, Calendar 5, House Joint Resolution
Number 24, RESOLUTION CONFIRMING THE NOMINATION OF
THE HONORABLE HERBERT BARALL, OF EAST HARTFORD, TO
BE A STATE REFEREE, favorable report of the
Committee on Judiciary.
SPEAKER DONOVAN:
The honorable Chair of the Judiciary
Committee, Representative Fox, you have the floor, sir.
REP. FOX (146th):
Thank you, and good afternoon, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question is on acceptance of the joint committee's favorable report and adoption of the resolution.
Will you remark?
REP. FOX (146th): rgd/gdm/gbr 11 HOUSE OF REPRESENTATIVES February 4, 2011
Thank you, Mr. Speaker.
Judge Barall comes before us for reappointment to be a judge trial referee. He was first appointed to the bench on February 21st of 1979.
He is a graduate of New York University and the
Harvard Law School. He was first admitted to the bar in July of 1956.
Judge Barall is currently sitting in Hartford where he has -- he has sat for many years. Prior to becoming a judge and practicing law, he also served as a JAG officer for the United States Air
Force.
Judge Barall, as I said, is before us as a judge trial referee, which several of our reappointments today are in that category. That -- what that means is that they are over the age of 70 but they continue to hear cases.
He passed unanimously through the committee, and I'd urge adoption of the resolution.
SPEAKER DONOVAN:
Thank you very much.
Will you remark further? Will you remark further?
Representative Genga. rgd/gdm/gbr 12 HOUSE OF REPRESENTATIVES February 4, 2011
REP. GENGA (10th):
Thank you, Mr. Speaker.
Mr. Speaker, I rise in support of this nomination; a man I've known who has a great profound impact on our community, going all the way back as a town lawyer and his work as a judge and now as a referee.
But a good part of his life, and his wife's, have been involved in a community where he's taken on tasks to help young people because he said, I know what they go through in the court system. I see the worst and sometimes I see what's good.
He started an organization called the Circle of Life and that organization now is very effective with a program in the high school and with senior citizens and towns built around a love for dancing.
So I strongly support this nomination and ask that the assembly do the same.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Rojas.
REP. ROJAS (9th):
Thank you, Mr. Speaker. It's our great rgd/gdm/gbr 13 HOUSE OF REPRESENTATIVES February 4, 2011 privilege to stand in support of this resolution in honor of our Judge Barall.
Just to ditto what Representative Genga was speaking to, talking about the program, Circle of
Life. You're talking about introducing ballroom dancing to a number of children who basically define their artistic and musical life by hip-hop.
It's amazing to watch what these kids are doing. There are now ballroom dancing clubs popping up all over the region and in the high schools, and our Judge Barall has very much everything to do with that. It's amazing to see him work with children and really reach out to those at-risk youth who perhaps would be involved in a lot of other less -- negative things if it wasn't for the judge. So it gives me great pleasure to support this resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Art O'Neill. ]
REP. O'NEILL (69th):
Thank you, Mr. Speaker.
And I would also urge the Chamber to support rgd/gdm/gbr 14 HOUSE OF REPRESENTATIVES February 4, 2011 the nomination/appointment of Judge Barall based on his many years of distinguished service and his performance in front of the Judiciary Committee.
He certainly is quite capable of continuing on as a trial referee.
So I would urge every member of the Chamber, especially members on this side to support this nominee.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Frank Nicastro.
REP. NICASTRO (79th):
Thank you, Mr. Speaker. Mr. Speaker, I stand in strong support of Herbert J. Barall, Judge
Barall.
Mr. Speaker, I had the personal opportunity to work with Judge Barall in juvenile court. For 17 years I worked with this judge. I found him to be a very compassionate, caring judge who cared about the youth of our great state. He worked hard turning kids around who had problems. Every time I went to court and was with him, I saw how much he cared. rgd/gdm/gbr 15 HOUSE OF REPRESENTATIVES February 4, 2011
Everybody should understand how much this judge cares about the youth of this great state.
He truly did. He gave 190 percent all the time that he was in juvenile court and that I worked with him. I strongly support this appointment.
I'd ask my colleagues to support it.
And, incidentally, on the sideline, yes, he's a heck of a great ballroom dancer.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further?
If not, staff and guests please come to the well of the House. Members take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote is properly cast. If all the rgd/gdm/gbr 16 HOUSE OF REPRESENTATIVES February 4, 2011 members have voted the machine will be locked. The
Clerk will please take a tally.
Clerk, please announce the tally.
THE CLERK:
House Joint Resolution Number 24.
Total Number voting 134
Necessary for adoption 68
Those voting Yea 134
Those voting Nay 0
Those absent and not voting 11
SPEAKER DONOVAN:
The resolution is adopted.
Will the Clerk please call Calendar Number 7.
THE CLERK:
On page 1, Calendar Number 7, House Joint
Resolution Number 26, RESOLUTION CONFIRMING THE
NOMINATION OF THE HONORABLE ALEXANDRA D. DIPENTIMA,
OF SOUTH KENT, TO BE A JUDGE OF THE APPELLATE COURT
AND A JUDGE OF THE SUPERIOR COURT, favorable report of the Committee on Judiciary.
SPEAKER DONOVAN:
Representative Grogins, for what reason do you stand?
REP. GROGINS (129th): rgd/gdm/gbr 17 HOUSE OF REPRESENTATIVES February 4, 2011
I rise for a possible conflict of interest.
I'd ask to be recused, please.
SPEAKER DONOVAN:
The Chamber will please stand at ease --
Representative Rowe.
REP. ROWE (123rd):
Thank you, Mr. Speaker.
I, too, would like to be recused from this for the appearance of a possible conflict.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Smith.
REP. SMITH (108th):
Thank you, Mr. Speaker.
I'd like to recuse myself as well for the possibility of a conflict of interest.
SPEAKER DONOVAN:
Thank you, Representative.
The Chamber will continue to stand at ease.
(Chamber at ease.)
SPEAKER DONOVAN: rgd/gdm/gbr 18 HOUSE OF REPRESENTATIVES February 4, 2011
The House will come back to order.
Representative Fox.
REP. FOX (146th):
Thank -- thank you, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question is on the committee -- the question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark, sir?
REP. FOX (146th):
Thank you, Mr. Speaker.
Mr. Speaker, Judge Dipentima is one of our appellate court judges. She's actually our chief appellate judge.
She was first appointed to the bench in March of 1994. She is a graduate of Princeton
University, as well as the University of
Connecticut School of Law. She was first -- prior to being appointed to the bench, she worked as an attorney at Connecticut Legal Services as well as rgd/gdm/gbr 19 HOUSE OF REPRESENTATIVES February 4, 2011 the firm of Moller, Horton & Fineberg.
Judge Dipentima has been extremely active in working with the judicial branch to find ways to improve our -- our court system. She has been active in -- as part of the coauthors of the
Connecticut Practice Book, Annotated, as well as the annual appellate reviews and drafting literature on reading and writing, which she has also participated in.
She's active with the young lawyers section prior to -- back in 1989, 1990. She has been involved in a number of different task forces with respect to the current chief justice.
She is one of our -- our finest appellate judges and I urge adoption of the resolution.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further?
Representative Art O'Neill.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker.
And I would concur with the remarks of the chair of the Judiciary Committee.
Judge Dipentima is an outstanding jurist, rgd/gdm/gbr 20 HOUSE OF REPRESENTATIVES February 4, 2011 certainly well worthy of reappointment and reconfirmation by this body. And I would urge all members of the Chamber and especially the members of this side of the aisle to vote for Judge
Dipentima's reappointment to the bench.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further?
If not, staff and guests please come to the well of the House. Members take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber.
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote has been properly cast. If all the members have voted, the machine will be locked.
The Clerk will please take a tally. Will the Clerk please announce the tally. rgd/gdm/gbr 21 HOUSE OF REPRESENTATIVES February 4, 2011
THE CLERK:
House Joint Resolution Number 26.
Total Number voting 130
Necessary for adoption 66
Those voting Yea 130
Those voting Nay 0
Those absent and not voting 15
SPEAKER DONOVAN:
Resolution is adopted.
Will the Clerk please call Calendar Number 8.
THE CLERK:
On page 2, Calendar 8, House Joint Resolution
Number 27, RESOLUTION CONFIRMING THE NOMINATION OF
THE HONORABLE HUNCHU KWAK, OF WEST HARTFORD, TO BE
A JUDGE OF THE SUPERIOR COURT, favorable report of the Committee on Judiciary.
SPEAKER DONOVAN:
The Vice Chairman of the Judiciary Committee
Representative Holder-Winfield, you have the floor, sir.
REP. HOLDER-WINFIELD (94th):
Thank you. Good afternoon, Mr. Speaker.
I move acceptance of the joint committee's favorable report and its adoption of the rgd/gdm/gbr 22 HOUSE OF REPRESENTATIVES February 4, 2011 resolution.
SPEAKER DONOVAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark, sir?
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Mr. Speaker.
Before us is Hunchu Kwak who was an interim appointment in November in the round of judges that came before us.
Mr. Kwak is a father of two who resides in
West Hartford. He also is a graduate of the U.S.
Military Academy at West Point and a graduate of the University of Connecticut Law School in 1998.
Mr. Kwak has demonstrated service, both with the West Hartford girls soccer team and the Hart
School of Music division. Mr. Kwak demonstrated before the committee the temperament to be a good judge and reports since his interim appointment have been good.
And I urge adoption.
SPEAKER DONOVAN:
Thank you, Representative. rgd/gdm/gbr 23 HOUSE OF REPRESENTATIVES February 4, 2011
Would you care to remark further? Would you care to remark further?
Representative O'Neill.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker.
And I would also agree that Judge Kwak is a jurist worthy of renomination, reappointment and reconfirmation by this Chamber. He was appointed last year by then Governor Rell. He is a different kind of judge from the ones we've seen because of his military background. And -- and we would have,
I think, another one coming to us soon with a military background as well.
And it was interesting to see how that perspective was a new and different one and, I think, a helpful one, in terms of the folks that are coming onto the bench for the State of
Connecticut.
So I would urge the Chamber to vote favorably and again, especially all members on this side of the aisle.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative. rgd/gdm/gbr 24 HOUSE OF REPRESENTATIVES February 4, 2011
Would you care to remark further? Would you care to remark further on the resolution? If not, staff and guests please come to the well of the
House. Members take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call vote. Members to the Chamber, please.
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote has been properly cast. If all the members have voted, the machine will be locked and the Clerk will please take a tally.
The Clerk will please announce the tally.
THE CLERK:
House Joint Resolution Number 27.
Total Number voting 131
Necessary for adoption 66
Those voting Yea 131
Those voting Nay 0
Those absent and not voting 14
SPEAKER DONOVAN: rgd/gdm/gbr 25 HOUSE OF REPRESENTATIVES February 4, 2011
The resolution is adopted. Will the Clerk please call Calendar Number 9.
THE CLERK:
On page 2, Calendar 9, House Joint Resolution
Number 28, RESOLUTION CONFIRMING THE NOMINATION OF
THE HONORABLE ROBERT C. LEUBA, OF MYSTIC, TO BE A
STATE REFEREE, favorable report of the Committee on
Judiciary --
SPEAKER DONOVAN:
Representative Fox.
REP. FOX (146th):
Thank you, Mr. Speaker. I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark, sir?
REP. FOX (146th):
Thank you, Mr. Speaker.
Judge Leuba was first appointed to the bench on July of 1986. He comes before us for reappointment as a judge trial referee. He rgd/gdm/gbr 26 HOUSE OF REPRESENTATIVES February 4, 2011 currently sits in the superior court at New London.
He is a graduate of the University of Rhode
Island and the University of Connecticut School of
Law. He was first admitted to the bar in August of
1960. He practiced at the firm of Brown, Jewett &
Driscoll in Norwich, as well as the firm of
Connery, Londrigan & Leuba from 1966 to 1986.
Judge Leuba, as I said, is one of our judge trial referees. He is a very valued member of the judicial branch as well as the judicial district court in New London where he assigns -- where he is assigned specific cases that he sees from beginning to end.
Judge Leuba was unanimously approved by the committee. He's also an Air Force veteran and his service is one of the State of Connecticut continues to value. And I urge adoption of the resolution.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further?
Representative Elissa Wright.
REP. WRIGHT (41st):
Thank you, Mr. Speaker. rgd/gdm/gbr 27 HOUSE OF REPRESENTATIVES February 4, 2011
I rise in strong support of the resolution confirming the renomination -- the nomination of -- of Judge Leuba as a state referee. He has a long and distinguished career as a jurist and former chief court administrator, where he handled many complex and difficult issues related to the administration of the branch.
He began his career engaged in the practice of law in Southeastern Connecticut. During the 1960s, he served in several elected positions in the Town of Groton, including as mayor.
His long career in public service includes service as the commissioner of the Department of
Motor Vehicles and as legal counsel to former
Governor Meskill.
I urge my colleagues to join me in supporting
Judge Leuba's renomination as state referee.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Art O'Neill.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker.
And, again, I concur with the remarks of the rgd/gdm/gbr 28 HOUSE OF REPRESENTATIVES February 4, 2011 chair of the Judiciary Committee and the last speaker, that Judge Leuba is a very distinguished member of the bench and well worthy of the renomination and reconfirmation by this Chamber.
And I would urge all the members of the
Chamber, but most especially the members of this side of the aisle to vote favorably on Judge
Leuba's nomination.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further? If not, staff and guests please come to the well of the House. Members take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call vote. Members to the Chamber.
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote has been properly cast. If all the members have voted, the machine will be locked. rgd/gdm/gbr 29 HOUSE OF REPRESENTATIVES February 4, 2011
The Clerk will please take a tally.
Clerk, please announce the tally.
THE CLERK:
House Joint Resolution Number 28.
Total Number voting 134
Necessary for adoption 68
Those voting Yea 134
Those voting Nay 0
Those absent and not voting 11
SPEAKER DONOVAN:
The resolution is adopted.
Will the House please call Calendar Number 10.
THE CLERK:
On page 2, Calendar 10, House Joint Resolution
Number 29, RESOLUTION CONFIRMING THE NOMINATION OF
THE HONORABLE ROBERT F. STENGEL, OF GLASTONBURY, TO
BE A STATE REFEREE, favorable report of the
Committee on Judiciary.
SPEAKER DONOVAN:
Representative Holder-Winfield, you have the floor, sir.
REP. HOLDER-WINFIELD (94th):
Thank you, Mr. -- thank you, Mr. Speaker.
Judge Robert F. Stengel comes before us to be rgd/gdm/gbr 30 HOUSE OF REPRESENTATIVES February 4, 2011 confirmed as a judge trial referee.
SPEAKER DONOVAN:
Excuse me, Representative.
It's getting a little loud here in the
Chamber. If you have conversations, please take them outside. We're voting on judges and we'd like to hear from the Representative. Thank you.
Sorry, Representative. You may continue.
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Mr. Speaker.
He is a 1963 graduate of the University of
Connecticut Law School. He, prior to being appointed a judge in 1986, was a member of the
Connecticut Bar Association and the Hartford County
Bar Association and held several positions on many of the subcommittees.
He has worked for several law firms including -- he's -- he's worked for law firms including the -- Fitzgerald and Ewing.
He also -- he also has had much service to the
State including being a small claims commissioner from 1980 to 1986, the fact finder and arbitrator from 1983 to 1986, State of Connecticut magistrate in 1986 and Rocky Hill Charter Revision -- served rgd/gdm/gbr 31 HOUSE OF REPRESENTATIVES February 4, 2011 on the Rocky Hill Charter Revision Commission in
1968.
The judge trial referee is a fine addition to the State and I urge adoption.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further?
Representative Srinivasan of the 31st
District.
REP. SRINIVASAN (31st):
Thank you very much, Mr. Speaker.
I support the nomination of Robert Stengel. I have spoken to him on numerous occasions and I know that he loves and has a great passion for all that he does with his work.
His major concern has been that making sure that everyone gets a fair trial, that has been the thing that's most important to him. And I definitely support and I hope the House will support this nomination as well.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative O'Neill. rgd/gdm/gbr 32 HOUSE OF REPRESENTATIVES February 4, 2011
REP. O'NEILL (69th):
Thank you, Mr. Speaker.
And I concur with the comments of the previous speaker as well as the vice chair of the Judiciary
Committee. Judge Stengel is a very capable jurist, appeared before the Judiciary Committee and performed well in front of his -- the committee and in his answers to our questions.
And I would urge his nomination be confirmed by this Chamber, and most especially, that the members on the side of the aisle vote in the affirmative.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further? If not, staff and guests please come to the well of the House. Members take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
rgd/gdm/gbr 33 HOUSE OF REPRESENTATIVES February 4, 2011
Deputy Speaker Orange in the Chair.
DEPUTY SPEAKER ORANGE:
Have all members voted? Have all members voted? Have all members voted? Please check the board to determine if your vote has been properly cast. If so, the machine will be locked and the
Clerk will please take a tally. Will the Clerk please announce the tally.
THE CLERK:
House Joint Resolution Number 29.
Total Number voting 135
Necessary for adoption 62
Those voting Yea 135
Those voting Nay 0
Those absent and not voting 10
DEPUTY SPEAKER ORANGE:
Thank you, Mr. Clerk.
The resolution passes.
Will the Clerk please call Calendar Number 11.
THE CLERK:
On page 2, Calendar 11, House Joint Resolution
Number 30, RESOLUTION CONFIRMING THE NOMINATION OF
THE HONORABLE BARRY C. PINKUS, OF CHESHIRE, TO BE A rgd/gdm/gbr 34 HOUSE OF REPRESENTATIVES February 4, 2011
JUDGE OF THE SUPERIOR COURT, favorable report of the Committee on Judiciary.
DEPUTY SPEAKER ORANGE:
Representative Fox, you have the floor, sir.
REP. FOX (146th):
Thank you, Madam Speaker.
I move -- I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER ORANGE:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. FOX (146th):
Thank you, Madam Speaker.
Judge Pinkus comes before us upon completion of his first eight-year term as a superior court judge. Judge Pinkus is here for reappointment. He is a graduate of the University of Connecticut and the University of Miami School of Law.
Prior to becoming a judge, Judge Pinkus had an active career as an attorney throughout the state of Connecticut, including work with the firm of rgd/gdm/gbr 35 HOUSE OF REPRESENTATIVES February 4, 2011
Grube & Ressler; Parrett, Porto, Parese Pinkus &
Colwell, as well as serving as an attorney for the
Town of East Haven and the Town of Hamden.
Also, he was, for approximately 17 years, he worked at the firm of Gesmond, Petris, Simone,
Sunari and Pinkus.
Madam Speaker, Judge Pinkus is currently sitting at the New Britain Judicial District as well as the GA15 courthouse. Judge Pinkus has -- had many different assignments during his eight years as a judge, including serving as a family judge in the court in Bridgeport where I did have an opportunity to see him.
He is somebody who has a very good temperament, is very caring, especially when it comes to self-represented parties and their rights as they appear before our courts.
Judge Pinkus has had a distinguished career during his first term and he deserves reappointment. And I urge adoption of the resolution.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further? Will you rgd/gdm/gbr 36 HOUSE OF REPRESENTATIVES February 4, 2011 care to remark further on the resolution?
Representative Adinolfi.
REP. ADINOLFI (103rd):
Thank you, Madam Speaker.
I'd like to speak on behalf of Judge Barry
Pinkus. I've known him and his family for over 20 years. And I know that his patience, his perseverance, his attention to detail make him a very excellent and fair judge, and I strongly urge that we support him.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further?
Representative O'Neill of the 69th, you have the floor, sir.
REP. O'NEILL (69th):
Thank you, Madam Speaker.
Again, I would concur with the comments made by the previous speaker as well as the chair of the
Judiciary Committee.
Judge Pinkus performed well in front of the
Judiciary Committee. His record is a very good one as a sitting judge, and I would urge all members of rgd/gdm/gbr 37 HOUSE OF REPRESENTATIVES February 4, 2011 the Chamber to vote to reconfirm Judge Pinkus, and again, especially the members on this side of the aisle.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us? Will you care to remark further?
If not will staff and guests please come to the well of the House. Will members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
DEPUTY SPEAKER ORANGE:
Have all members voted? Have all members voted? Please check the board to determine if your vote has been accurately cast. If so the machine will be locked. And will the Clerk please take a tally. Will the Clerk please announce the tally.
THE CLERK:
House Joint Resolution Number 30. rgd/gdm/gbr 38 HOUSE OF REPRESENTATIVES February 4, 2011
Total Number voting 136
Necessary for adoption 69
Those voting Yea 136
Those voting Nay 0
Those absent and not voting 9
DEPUTY SPEAKER ORANGE:
The resolution passes.
Will the Clerk please call Calendar Number 12.
THE CLERK:
On page 2, Calendar Number 12, House Joint
Resolution Number 31, RESOLUTION CONFIRMING THE
NOMINATION OF THE HONORABLE ROBIN L. WILSON, OF NEW
HAVEN, TO BE A JUDGE OF THE SUPERIOR COURT, favorable report of the Committee on Judiciary.
DEPUTY SPEAKER ORANGE:
Representative Holder-Winfield, you have the floor, sir.
REP. HOLDER-WINFIELD (94th):
Good afternoon, Madam Chair.
DEPUTY SPEAKER ORANGE:
Good afternoon.
REP. HOLDER-WINFIELD (94th):
I move acceptance of the joint committee's favorable report and adoption of the resolution. rgd/gdm/gbr 39 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER ORANGE:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Madam Chair.
Before us is Judge Robin L. Wilson of New
Haven. Judge Wilson was appointed to the bench in
2003. She was unanimously voted through by the
Judiciary Committee.
She has a law degree from Northeastern
University School of Law and an LLM from the New
York University School of Law.
She has served on the State of Connecticut
Superior Court legal research program as a legal research clerk. And she was a commissioner, a compensation commissioner.
She has a stellar service record which is known to many who know Judge Wilson. She has been with the City of New Haven Youth Commission, as appointed by Mayor John Destefano. She is a
Connecticut College Alumni Association board of directors member. She's also a member of the rgd/gdm/gbr 40 HOUSE OF REPRESENTATIVES February 4, 2011
St. Martin de Porres Church Stewardship Council and many other distinctions.
The judge has a stellar record. She's being appointed to her second term. I urge adoption.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us?
Representative O'Neill, you have the floor, sir.
REP. O'NEILL (69th):
Thank you, Madam Speaker.
And I would concur with the remarks of the vice chair of the Judiciary Committee. Judge
Wilson is worthy of renomination and reappointment and confirmation by this Chamber. And I would urge all members of the Chamber to vote to reconfirm her, and again, especially the members on this side of the aisle to vote in the affirmative.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us? Will you care to remark rgd/gdm/gbr 41 HOUSE OF REPRESENTATIVES February 4, 2011 further on the resolution? If not, staff and guests please come to the well of the House.
Members take your seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber.
DEPUTY SPEAKER ORANGE:
Have all members voted? Have all members voted? If all members have voted, please check the board to determine if your vote has been properly cast. If so, the machine will be locked and the
Clerk will please take a tally. Mr. Clerk, will you please announce the tally.
THE CLERK:
House Joint Resolution Number 31.
Total Number voting 135
Necessary for adoption 68
Those voting Yea 135
Those voting Nay 0
Those absent and not voting 10
DEPUTY SPEAKER ORANGE:
The resolution passes.
Will the Clerk please call Calendar Number 13. rgd/gdm/gbr 42 HOUSE OF REPRESENTATIVES February 4, 2011
THE CLERK:
On page 3, Calendar Number 13, House Joint
Resolution Number 32, RESOLUTION CONFIRMING THE
NOMINATION OF THE HONORABLE JOHN M. NEWSON, OF
BROOKLYN, TO BE A JUDGE OF THE SUPERIOR COURT, favorable report of the Committee on Judiciary.
DEPUTY SPEAKER ORANGE:
Representative Fox, you have the floor, sir.
REP. FOX (146th):
Thank you, Madam Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER ORANGE:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Representative Fox.
REP. FOX (146th):
Thank you, Madam Speaker.
Judge Newson was first appointed to the bench as an interim appointment back in November of 2010.
He is here before us for his first -- for appointment for a full eight-year term. rgd/gdm/gbr 43 HOUSE OF REPRESENTATIVES February 4, 2011
Judge Newson is a graduate of the University of Rhode Island and the Western New England College
School of Law. He has a distinguished legal career as a public defender and at the time that he came before us he had been in public practice as well.
Judge Newson is currently sitting in Hartford where he hears cases in the GA. He has a significant amount of experience handling criminal cases through his law practice, and he will be a valuable addition to the bench during his eight-year term.
Judge Newson, the reports that have come back have been very favorable. His temperament and demeanor are what we look for in a judge, and I urgent adoption of this resolution.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us? Will you care to remark further?
Representative Melissa Olson, you have the floor, ma'am.
REP. OLSON (46th):
Thank you, Madam Speaker. Good afternoon. rgd/gdm/gbr 44 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER ORANGE:
Good afternoon.
REP. OLSON (46th):
Madam Speaker, I am honored to rise in support of the nomination of Judge Newson and his permanent addition to the bench.
Truly, it says that he is of Brooklyn, but really Judge Newson is a son of Norwich and attended Norwich Free Academy. And we're very proud of him in the city of Norwich. He has been a tremendous community servant as well as a good friend. And I think we will have a wonderful addition to our bench, and I am very proud to stand in support of John.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, Madam.
Will you care to remark further? Will you care to remark further?
Representative Alberts, you have the floor, sir.
REP. ALBERTS (50th):
Thank you, Madam Speaker.
It is with reluctance that I will be voting rgd/gdm/gbr 45 HOUSE OF REPRESENTATIVES February 4, 2011 against this nominee today. In reviewing the materials that have been presented to me, there apparently was an admission of misconduct that had been recognized two years ago.
And while I respect my previous speaker's comments, and I have no doubt that there may be great potential for this gentleman to be a full judge, at this time it disturbs me that we have this action before us. So I will be casting my vote against him.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us? Will you care to remark further?
Representative O'Neill, you have the floor, sir.
REP. O'NEILL (69th):
Yes, Madam Speaker.
Judge Newson appeared before the Judiciary
Committee and the issues that involve that earlier issue of misconduct were very carefully reviewed by the Judiciary Committee at the time of his first rgd/gdm/gbr 46 HOUSE OF REPRESENTATIVES February 4, 2011 appointment. And I believe the committee was fully satisfied that this was not an event that was likely to recur.
And while it is certainly a matter to give pause, and I respect the decision of any member to cast their vote for or against any of the members of the judicial branch that we're considering, I would again urge that the members of the assembly and especially this side of the aisle vote in favor of the confirmation of Judge Newson.
Thank you, Madam Speaker.
DEPUTY SPEAKER ORANGE:
Thank you, sir.
Will you care to remark further on the resolution before us? Will you care to remark further? If not, will staff and guests please come to the well of the House. Members take your seats.
The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
Speaker Donovan in the Chair. rgd/gdm/gbr 47 HOUSE OF REPRESENTATIVES February 4, 2011
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote has been properly cast. If all members have voted, the machine will be locked and the Clerk will please take a tally. Will the Clerk please announce the tally.
THE CLERK:
House Joint Resolution Number 32.
Total Number voting 136
Necessary for adoption 69
Those voting Yea 135
Those voting Nay 1
Those absent and not voting 9
SPEAKER DONOVAN:
The resolution is adopted.
Will the Clerk please call Calendar Number 1.
THE CLERK:
On page 3, Calendar 1, House Joint Resolution
Number 13, RESOLUTION CONFIRMING THE NOMINATION OF
JOHN C. GERAGOSIAN, OF NEW BRITAIN, TO BE AN
AUDITOR OF PUBLIC ACCOUNTS, favorable report of the
Committee on Executive and Legislative Nominations. rgd/gdm/gbr 48 HOUSE OF REPRESENTATIVES February 4, 2011
SPEAKER DONOVAN:
The honorable Deputy Speaker Representative
Marie Kirkley-Bey, you have the floor, madam.
REP. KIRKLEY-BEY (5th):
Thank you, Mr. Speaker.
I move acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution. Will you remark?
REP. KIRKLEY-BEY (5th):
Thank you.
Mr. Speaker, Mr. Geragosian is from New
Britain. He holds a BA at the University of
Connecticut in political science.
SPEAKER DONOVAN:
Excuse me. Excuse me, Representative.
It's getting -- everybody is glad to see each other, but it's getting a little loud in here. I have a hard time hearing the Representative.
REP. KIRKLEY-BEY (5th):
Mr. Geragosian is from New Britain --
SPEAKER DONOVAN: rgd/gdm/gbr 49 HOUSE OF REPRESENTATIVES February 4, 2011
Excuse me, Representative.
Still, if it could be a little quieter.
Thank you.
Thank you, Representative. You may proceed.
REP. KIRKLEY-BEY (5th):
Thank you.
As it's stated, Mr. Geragosian is from New
Britain, Connecticut. He holds a bachelor -- a BA in the University of Connecticut in political science. He's a member of the Connecticut House of
Representatives since 1994, former cochair of the
Appropriations Committee. In addition, he served on the Insurance and Real Estate Legislative
Management committees of the state Legislature.
He also served as majority caucus chair, assistant majority leader and assistant majority leader as well as assistant -- the senior member of the New Britain delegation.
Prior to coming to the Legislature, he served as an alderman in New Britain from 1989 to 1993 where he was the chair of the zoning and claims committee. He was appointed commissioner of the community and neighborhood development committee.
He spent his professional life in New Britain as a rgd/gdm/gbr 50 HOUSE OF REPRESENTATIVES February 4, 2011 realtor.
In 2007, he was awarded the Agewise Advocate
Award from the Commission on Aging. In 2008, he received the civil rights award from the United
Auto Workers region.
I would just like to say, as much as
Mr. Geragosian enjoyed serving with us and being here, he loved nothing more than his wife, Audrey, and his little girl, Molly.
And for those of you who are newcomers here, you're going to miss his funny laugh and his good sense of humor and getting to call him Johnny G., his most affectionate name.
I move a favorable vote for Mr. Geragosian to be appointed auditor for public accounts.
Thank you, sir.
SPEAKER DONOVAN:
Thank you, Representative.
The question before the Chamber is on acceptance of the favorable report and adoption of the resolution.
Remark further?
Representative Tim O'Brien.
REP. O'BRIEN (24th): rgd/gdm/gbr 51 HOUSE OF REPRESENTATIVES February 4, 2011
Thank you, Mr. Speaker.
I would also like to urge the Chamber to adopt the resolution. I've known Representative
Geragosian -- former Representative Geragosian, excuse me -- for a long time. He has committed a very large amount of his life to serving the people of New Britain, both on the city and state level.
Personally, I can say he has been a great mentor to me as I have worked in my own positions.
I've relied on his good counsel, his good advice in -- in performing my duties. And I'd like to say that John Geragosian played a large part in shaping me in my leadership role myself.
We all know John's absolute, wonderful integrity. He is one of those things that I can say that I've always been able to lean on him; his -- his advice about what the right thing to do is. He is a man of great integrity and that -- he'll bring that to his new position.
And of course, we all know in his role as the chairman of the Appropriations Committee, the hard work that he put in, the real grit that he brings to the job, and we'll expect that -- to see that in his new role. rgd/gdm/gbr 52 HOUSE OF REPRESENTATIVES February 4, 2011
He'll do a wonderful job for all of us. I know that we're all looking forward to working with him in his new role and I'm looking forward to it as well. I'd urge the Chamber to adopt the resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Fleischmann.
REP. FLEISCHMANN (18th):
Thank you, Mr. Speaker. Mr. Speaker, I, too, rise in support of this great nomination.
I know John Geragosian. John Geragosian is a friend of mine and he is well deserving of this nomination being confirmed.
The role that we're considering here is auditor of public accounts. Most people know it as the state auditor. We have two of them.
The state auditor has to understand how agencies and departments and commissions handle their budgets, has to understand what is right and proper when it comes to financial controls within those agencies and departments.
John Geragosian has the knowledge that it rgd/gdm/gbr 53 HOUSE OF REPRESENTATIVES February 4, 2011 takes to come into any agency and department and look at what they're doing. He has the sort of ethics and integrity that any of us would want to see in a person with such an important role.
He has the temperament that is important in this role. I think anyone in this room, whoever had dealings with John knows that he's unflappable and has a fantastic sense of humor, even in the toughest of times. Mr. Speaker, you probably know this better than anyone, having spent so many hours on the budget.
Lastly, that brings me to his work ethic. You know, being state auditor requires quite a bit of work. We have a lot of oversight that needs to be done. I can't think of any person I've ever known serving in this Chamber who has put in more hours than John Geragosian did during our last term, working with you, Mr. Speaker, and others to make sure that we had a state budget at all.
And so I am just thrilled that he is -- I'm saddened for us that we're losing him in this
Chamber, but he is still going to be working near us. We'll get to see him all the time. And I hope others will join me in giving him their strong rgd/gdm/gbr 54 HOUSE OF REPRESENTATIVES February 4, 2011 support.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Peter Tercyak.
REP. TERCYAK (26th):
Thank you, Mr. Speaker. I, too, rise in support of our good friend, John Geragosian.
I'm proud to be the second generation Tercyak serving with John Geragosian. He's been a long-time friend of my family. My father had him as a student in high school. We have a special relationship.
Thank you, Representative Fleischmann, for saving me from having to talk to much about why he's qualified.
And so I'd like to refer to this bill nominating John to be auditor with one of John's favorite speeches: good Bill, ought to pass.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Toni Walker.
REP. WALKER (93rd):
Thank you, Mr. Speaker. Mr. Speaker, I rise today, also, to support the nomination of John rgd/gdm/gbr 55 HOUSE OF REPRESENTATIVES February 4, 2011
Geragosian for auditor.
I want to say that ever since I started as a
Legislator here, John -- Johnny G., as we all knew him, was always very encouraging. He was always supportive and he always taught me never to say, I don't know. He always encouraged me to go and challenge each issue and look at the issues.
And as his term as -- as the cochair of
Appropriations, it was always wonderful because he would always call and he'd say, what is your opinion? He'd ask me. He would encourage me to go and find out that information, even though I wasn't in part of leadership.
We need to understand the importance of encouraging our -- our colleagues and showing them that there are no limits except for the limits that we put on ourselves, and that's one thing that John always did.
I know he's going to be here. I know he's always going to always be here to tell us and share with us and give us some direction. But I will miss him because I always love his humor and his comments at the end of each meeting or each speech.
But I always will miss the encouragement that I got rgd/gdm/gbr 56 HOUSE OF REPRESENTATIVES February 4, 2011 from him when he always said, don't take that for an answer. Go deeper. Dig deeper. Learn more and challenge whoever is bringing that out.
And I hope I will be able to do as well as he did as chair of Appropriations. So I stand today in total support for John Geragosian today.
Thank you, sir.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Betty Boukus.
REP. BOUKUS (22nd):
Thank you, Mr. Speaker.
I rise in support of the position of auditor for John Geragosian.
And I just simply want to say, ten years ago when we did redistricting, I became part of New
Britain's delegation. He was senior then. He's senior now. And I support -- absolutely support this position.
Thank you for John Geragosian.
SPEAKER DONOVAN:
Thank you, Representative.
House Minority Leader Representative Larry
Cafero, you have the floor, sir. rgd/gdm/gbr 57 HOUSE OF REPRESENTATIVES February 4, 2011
REP. CAFERO (142nd):
Thank you, Mr. Speaker.
Ladies and gentlemen, when you serve here long enough, you get to know your colleague, not only as a legislator but as a person. John Geragosian is just a wonderful man. He's a lot of fun. He's very conscientious and hard-working. He's a true, deep, human being who's honest and hard-working, and we're going to miss him here. I wish him all the luck in his new post, and I would support the resolution.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
House Majority Leader Brendan Sharkey.
REP. SHARKEY (88th):
Thank you, Mr. Speaker. Mr. Speaker, I, too, rise in support of the nomination of my good friend, John Geragosian.
By the time I first came into this body, John was still -- already a veteran. But John was one of those guys who took me under his wing right away and showed me the ropes and helped me understand how the operation really works. But he did it with rgd/gdm/gbr 58 HOUSE OF REPRESENTATIVES February 4, 2011 a sense of humor and a sense of familiarity that always broke down any kind of barriers that you might have on other fronts.
And I was particularly impressed with John's ability as chairman of the Appropriations
Committee. I mean, he really led us through a very, very difficult time as chair of that committee at a time when we needed leadership, and
John really provided that.
So I can't think of anybody who's more appropriate for the role of auditor for our State of Connecticut, and I wholeheartedly support his nomination.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Care to remark further? If not, let me try your minds.
All those in favor of the resolution, please signify by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN:
All those opposed, nay. rgd/gdm/gbr 59 HOUSE OF REPRESENTATIVES February 4, 2011
The ayes have it. The resolution is adopted.
Will the Clerk please call Calendar Number 2.
THE CLERK:
On page 3, Calendar Number 2, House Joint
Resolution Number 14, RESOLUTION CONFIRMING THE
NOMINATION OF MITCHELL M. FUCHS, OF FAIRFIELD, TO
BE A MEMBER OF THE METRO NORTH NEW HAVEN RAIL
COMMUTER COUNCIL, favorable report of the Committee on Executive and Legislative Nominations.
SPEAKER DONOVAN:
To the distinguished chair of Executive and
Legislative Nominations, Representative Janowski, you have the floor, madam.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. JANOWSKI (56th):
Thank you, Mr. Speaker. rgd/gdm/gbr 60 HOUSE OF REPRESENTATIVES February 4, 2011
Mr. Fuchs is from Fairfield. He holds a bachelor's from Point Park College in Pittsburgh,
Pennsylvania in psychology. He is currently president of Wellesley Corporation, a property management company and he has been there since
1998. He was previously a real estate salesman and later a property management supervisor.
He has -- currently serves on the greater
Bridgeport transit board as a member, and formerly served as Fairfield Housing Authority commissioner.
Mr. Fuchs is a regular commuter of the
Metro-North line. His knowledge and experience as a user will guide him well in this important task, and I urge a favorable vote on the resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further? If not, let me try your minds. All those in favor of the resolution, please indicate by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN: rgd/gdm/gbr 61 HOUSE OF REPRESENTATIVES February 4, 2011
All those opposed, nay.
The ayes have it. The resolution is adopted.
Will the Clerk please call Calendar Number 3.
THE CLERK:
On page 3, Calendar 3, House Joint Resolution
Number 15, RESOLUTION CONFIRMING THE NOMINATION OF
ROBERT M. WARD, OF NORTHFORD, TO BE AN AUDITOR OF
PUBLIC ACCOUNTS, favorable report of the Committee on Executive and Legislative Nominations.
SPEAKER DONOVAN:
Representative Claire Janowski.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the joint committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is acceptance of the committee's favorable report and adoption of the resolution. Will you remark?
REP. JANOWSKI (56th):
Thank you, sir.
Mr. Ward is from Northford. He attended the
University of Kentucky and holds a bachelor's from the University of Connecticut and also a JD from rgd/gdm/gbr 62 HOUSE OF REPRESENTATIVES February 4, 2011 the University of Cincinnati College of Law.
He was admitted to the bar in the U.S.
District Court of Connecticut in 1978. He is currently -- or has been commissioner of the
Connecticut Department of Motor Vehicles, where he served there since 2007.
He's also a colleague of ours, as a former member of the Connecticut General Assembly. He served on numerous committees including, Education,
Transportation, Judiciary, JE, Regulations Review,
Legislative Management and the committee I now chair, Executive and Legislative Nominations.
He also served for many years as minority leader, deputy minority leader, assistant minority leader and ranking member on the Education
Committee.
Practiced law from 1978 to 2007 in private practice and has also served as town labor counsel and town attorney in East Haven, assistant town attorney in North Branford, and at the firm of
Gesmondo, Pietrosimone & Sgrignari, where he was admitted to the bar while he -- I already mentioned he was admitted to the bar of Connecticut, and so on. rgd/gdm/gbr 63 HOUSE OF REPRESENTATIVES February 4, 2011
He's -- he is also a national Republican legislators association leader of the year in 2002 and also received the national legislative leader award in 2004 for state legislative -- from the
State Legislators Leaders Foundation, and the
Council of State Governments jointly.
I believe Mr. Ward's wealth of experience in this Chamber and his experience as commissioner of
DMV during the last three years and his extensive legal background will be an asset to the position of auditor of public accounts, and I urge a favorable vote on this resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Vincent Candelora, you have the floor, sir.
REP. CANDELORA (86th):
Thank you, Mr. Speaker. Good afternoon.
SPEAKER DONOVAN:
Good afternoon.
REP. CANDELORA (86th):
Thank you.
It gives me great pleasure to rise to support rgd/gdm/gbr 64 HOUSE OF REPRESENTATIVES February 4, 2011 this nomination as well. While I didn't serve with
Mr. Ward in the assembly, I can certainly attest to his great public service that he provided to the towns of North Branford, East Haven, Gilford and
Wallingford during his 24 years.
Certainly, the 24 years of service that he provided in this Chamber would be a great asset to us and to the State of Connecticut as he serves in this position as public auditor. And so it gives me great pleasure to be able to stand in testament to him, and I urge my colleagues to support him.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Piscopo.
REP. PISCOPO (76th):
Thank you, Mr. Speaker.
Mr. Speaker, a lot of us have served with Bob
Ward here, so I don't have to go on too -- too much about what a great guy he is. He's just such a man of integrity. I'm very, very proud to call him a friend.
And wherever he has gone in public service, the people under him are so well served and they rgd/gdm/gbr 65 HOUSE OF REPRESENTATIVES February 4, 2011 certainly will be in this agency with Bob as our auditor. So I can't speak highly enough and I'm just so proud to call him a friend.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Tony Guerrera.
REP. GUERRERA (29th):
Thank you. Thank you, Mr. Speaker.
I'd just like to say a few words about Robert
Ward as the cochair of the Transportation
Committee. He was in front of us on numerous times with DMV issues and as the commissioner of the DMV.
And I want to say that he served that agency very well with his integrity and his honesty and was a key proponent when it came to teen driving laws in the State of Connecticut.
And I wish Bob all the best. And, again, he has done a wonderful job with the DMV department, and I wish him and his family all the best. So thank you.
SPEAKER DONOVAN:
Representative Sharkey.
REP. SHARKEY (88th): rgd/gdm/gbr 66 HOUSE OF REPRESENTATIVES February 4, 2011
Thank you, Mr. Speaker.
Mr. Speaker, I, too, rise in support of this resolution for our good friend, Bob Ward.
I think a number of the folks who've already spoken today have used the word "integrity" to describe Bob, and I would echo those -- those sentiments. But I would also say that as commissioner of DMV, up until now he has really done, I think, a terrific job trying to resolve some issues that -- that were plaguing the DMV at the time that he took over.
And, you know, knowing his personality, knowing his integrity and knowing his ability as an administrator, I think he'd be a terrific auditor, and I wholeheartedly support his nomination.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Larry Cafero.
REP. CAFERO (142nd):
Thank you, Mr. Speaker.
Ladies and gentlemen, it is a pleasure, a privilege, an honor to stand in support of the resolution that's before us. rgd/gdm/gbr 67 HOUSE OF REPRESENTATIVES February 4, 2011
I served with Bob Ward since 1993. He served this Chamber with distinction for over two decades.
He's the longest serving leader of our caucus in our caucus' history.
Everything Bob Ward did he did with integrity, honesty, attention to detail. The qualities that he brought, not only to his job as legislator, as leader, certainly as commissioner of DMV, I know and trust he will bring to his new position as auditor. It's a great privilege to support his nomination, and I look forward to working with him.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Care to remark further? If not, let me try your minds.
All those in favor of the resolution, please indicate by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN:
All those opposed, nay.
The ayes have it. The resolution is adopted.
Will the Clerk please call Calendar Number 4. rgd/gdm/gbr 68 HOUSE OF REPRESENTATIVES February 4, 2011
THE CLERK:
On page 4, Calendar Number 4, House Resolution
Number 13, RESOLUTION CONFIRMING THE NOMINATION OF
HOWARD F. PITKIN, OF SOUTH WINDSOR, TO BE BANKING
COMMISSIONER, favorable report of the House
Committee on Executive and Legislative Nominations.
SPEAKER DONOVAN:
Representative Janowski.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the house committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is acceptance of the committee's favorable report and adoption of the resolution. Will you remark?
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
Mr. Pitkin is from South Windsor. He attended
Central Connecticut State University and is a graduate of the Stonier Graduate School of Banking at Rutgers University. He also attended local
Manchester Community College and holds a degree in business administration. rgd/gdm/gbr 69 HOUSE OF REPRESENTATIVES February 4, 2011
He is currently serving as commissioner of banking, where he has been since 2006, and he has previously served in various positions at the
Department of Banking, where he served for over 30 years working his way through the ranks as inspection aide, bank examiner, assistant director of bank examination division, director of bank examination division, administrator of depository institutions.
His many years of experience with the banking department will continue to serve our State well.
And I believe that he will continue to do a great job as commissioner of banking, and I urge a favorable vote on the resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you very much, madam.
Would you care to remark further? Would you care to remark further?
Representative Alberts.
REP. ALBERTS (50th):
Thank you, Mr. Speaker.
I, too, urge my colleagues to support this gentleman. He had served with distinction during a rgd/gdm/gbr 70 HOUSE OF REPRESENTATIVES February 4, 2011 particularly trying time during the banking industry. And God willing, hopefully, we'll see a few years of stability, and this is the man to lead the department.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further? If not, let me try your minds. All those in favor of the resolution, please signify by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN:
All those opposed, nay.
The ayes have it. The resolution is adopted.
Will the Clerk please call Calendar Number 6.
THE CLERK:
On page 4, Calendar 6, House Joint Resolution
Number 25, RESOLUTION CONFIRMING THE NOMINATION OF
ANTHONY J. CASTAGNO, OF NORTH STONINGTON, TO BE A
MEMBER OF THE STATE ELECTIONS ENFORCEMENT
COMMISSION, favorable report of the Committee on
Executive and Legislative Nominations. rgd/gdm/gbr 71 HOUSE OF REPRESENTATIVES February 4, 2011
SPEAKER DONOVAN:
Representative Janowski.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the House committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question before the Chamber is acceptance of the committee's report and adoption of the resolution. Will you remark.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
Mr. Castagno is from North Stonington. He holds a bachelor's degree from Trinity College and a master's degree from Trinity College.
He is currently a partner in an international web-based system business called Trek, in partnership with an innovation grant from Trinity
College to further develop the technology.
He has more than 25 years of experience in business development, public relations, marketing and writing. He was also the manager of nuclear communication services for Northern -- Northeast
Utilities for approximately 17 years, and is a rgd/gdm/gbr 72 HOUSE OF REPRESENTATIVES February 4, 2011 member of the Portland Democratic town committee where he has been from 1987 to 1994.
During the public hearing, Mr. Castagno was extremely forthright in his responses to the questions being asked. He demonstrated an acute interest of being of service to the State of
Connecticut. And I believe he will do in it a very good job as a member of the State Elections
Enforcement Commission.
I urge a favorable vote on the resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Would you care to remark further?
Representative Urban.
REP. URBAN (43rd):
Thank you, Mr. Speaker. And I stand in support of this nomination.
Mr. Castagno has got the experience and a depth of thinking that will serve us well on elections enforcement. And we are proud to have him nominated from the town of North Stonington.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative. rgd/gdm/gbr 73 HOUSE OF REPRESENTATIVES February 4, 2011
Would you care to remark further? Would you care to remark further? If not, let me try your minds. All those in favor of the resolution, please indicate by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN:
All those opposed, nay.
The ayes have it. The resolution is adopted.
Will the Clerk please call Calendar Number 14.
THE CLERK:
On page 4, Calendar 13 -- 14, House joint
Resolution Number 15, RESOLUTION CONFIRMING THE
NOMINATION OF MELODY CURREY, OF EAST HARTFORD, TO
BE COMMISSIONER OF MOTOR VEHICLES, favorable report of the House Committee on Executive and Legislative
Nominations.
SPEAKER DONOVAN:
Representative Janowski.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the House committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN: rgd/gdm/gbr 74 HOUSE OF REPRESENTATIVES February 4, 2011
The question before the Chamber is acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
Mrs. Currey is from East Hartford. She attended State University of New York at
Cobleskill, and has been mayor of East Hartford since 2005.
During that time she has served as president of the Connecticut Coalition for Justice in
Education and the Council of State Governments.
She has also served as chairperson of CRCOG, or commonly known as the Capitol Regional Council of
Government.
Many of us know Melody Currey as the State
Representative from East Hartford which, I believe, she served in that capacity for approximately 12 years. She also served as deputy speaker during that time, deputy majority leader, ranking member of regulations and review committee and a member of the reapportionment committee.
She also served on several special committees rgd/gdm/gbr 75 HOUSE OF REPRESENTATIVES February 4, 2011 including -- or several committees including
Education, Appropriations, Legislative Management,
Screening, Executive Nominations, Insurance
Regulations and Review and the Select Committee on
Housing, Higher Education and Judiciary.
A number of other special committees include financial aid task force, school readiness council, and was the HUSKY plan chief negotiator, something we all continue to appreciate today.
She's also heavily involved in the community and is a member of the East Hartford Lions Club and a corporator for St. Francis Hospital.
I am also pleased to say that as a freshman, when I first became elected, Melody Currey was my mentor, and I learned a great deal from her that continues to serve me well today.
She brings a wealth of municipal, state and community experience to the position. And as DMV commissioner, having worked with her, I know that she's up to the challenge and she will do an excellent job. I urge a favorable vote on the resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN: rgd/gdm/gbr 76 HOUSE OF REPRESENTATIVES February 4, 2011
Thank you, Representative.
Representative Sandy Nafis.
REP. NAFIS (27th):
Thank you, Mr. Speaker.
I just would be remiss if I did not also rise in great support of this resolution. Melody Currey was also my mentor when I first got elected here, going on 13 years now, I think it's been.
There is no question in my mind that she will be an outstanding commissioner. I don't think there's anybody in this Chamber that has not been touched by her hard work and diligence, integrity, and just a great, great way of getting things done.
She's a great administrator. She'll do a great job there, and I hope everyone will support this resolution.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Henry Genga.
REP. GENGA (10th):
Thank you, Mr. Speaker.
I rise in strong support of this nomination for an individual I've known for a great many rgd/gdm/gbr 77 HOUSE OF REPRESENTATIVES February 4, 2011 years. She's an individual who -- well-qualified as we heard in the nomination process from a community standpoint, from local government. She has risen through state government. She served as a deputy speaker here, mayor of East Hartford for the last five years as the chief executive officer, chairman of CRCOG, president of CCM.
So she brings with her the background, the experience that goes with this type of administrative job. However, knowing her personally, she brings the integrity, the sincerity and the commitment to do a good job. That's why she's been successful in the past. That's why she'll be successful today in this new job, and I strongly support the nomination.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Tony Guerrera.
REP. GUERRERA (29th):
Thank you, Mr. Speaker.
I, too, stand up in strong support of Melody
Currey who I served with many years ago. I should say back when Moira Lyons was the Speaker of the
House. rgd/gdm/gbr 78 HOUSE OF REPRESENTATIVES February 4, 2011
And I'm very confident she'll do a wonderful job with the DMV in some challenges ahead of her.
As we all know, we'll be tackling some major issues, one being the Real ID Act, which will be coming very soon, as many of us now.
And I think she'll do a great job and she's a person of great character and always has done what's right for her constituents in East Hartford and here as a Representative. And she'll do a great job for the people of the DMV, and of course for the people of the State of Connecticut.
So thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Larson.
REP. LARSON (11th):
Thank you very much, Mr. Speaker. I rise in support of this nomination.
I know Melody Currey for almost 25 years.
She's just done an exemplary job as mayor of our great community, and she's going to do a fantastic job as the head of the Department of Motor
Vehicles, and I strongly encourage support for her.
Go Melody. rgd/gdm/gbr 79 HOUSE OF REPRESENTATIVES February 4, 2011
SPEAKER DONOVAN:
Thank you, Representative.
Representative Tercyak.
REP. TERCYAK (26th):
Thank you very much, Mr. Speaker. I, too, rise in support of our former colleague, Melody
Currey.
When I was first elected, she had the, I don't know, less than joyful honor to be one of the people in charge of orientation. And people may not be aware of it, but on the Democratic side, we don't always agree perfectly on everything and march in lockstep.
And Melody Currey couldn't have been more thoughtful in making sure that I knew how -- how to actually get some stuff done. As we joked about, this didn't mean she would be necessarily voting for anything I'd be succeeding at.
She cared very much about the rights of the people of Connecticut and the representation, and about this Chamber and all of us in it just because we're here. I'm honored to have the chance to support Melody Currey.
Thank you very much, Mr. Speaker. rgd/gdm/gbr 80 HOUSE OF REPRESENTATIVES February 4, 2011
SPEAKER DONOVAN:
Thank you, Representative.
Representative Rojas.
REP. ROJAS (9th):
Thank you, Mr. Speaker. It gives me great pride to stand up and support the nomination of the Melody Currey to be the commissioner at DMV.
She has been involved in my life ever since I was five years old in kindergarten, when she was the PTO mom at my local elementary school. Her campaign for state representative was the first time I ever got involved in politics. And then she was my mayor when I was working with her on the town council.
And now, I'm so happy to say that I have an in at DMV when I have an issue for my constituents.
I'm hoping that she will still return my calls. So
I'm very proud today to support her nomination.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Brendan Sharkey.
REP. SHARKEY (88th):
Thank you, Mr. Speaker. Mr. Speaker, I rise rgd/gdm/gbr 81 HOUSE OF REPRESENTATIVES February 4, 2011 in support of this resolution for my friend, Melody
Currey.
You know, Melody was a leader here in the
House for many years when I first arrived. But I think the more impressive things that she did was as mayor of East Hartford. She really took the lead on issues that I was personally very aware of and concerned about, which is regionalizing services and making local government more efficient. I think this is exactly the kind of person we need for our DMV.
So I'm looking forward to her leadership in that role and I'm looking forward to working with her, and I wholeheartedly support this resolution.
Thank you.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further? If not, let me try your minds. All those in favor of the resolution, please indicate by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN: rgd/gdm/gbr 82 HOUSE OF REPRESENTATIVES February 4, 2011
All those opposed, nay.
The ayes have it. The resolution is adopted.
Representative Sharkey.
REP. SHARKEY (88th):
Mr. Speaker, at this time, I would move for the suspension of our rules for the immediate consideration of -- of Calendar 16 -- House
Resolution -- I'm sorry -- house Resolution
Number 16, which is the resolution for the nomination of Dr. Jewel Mullen for the Department of Public Health.
SPEAKER DONOVAN:
The motion is for suspension of the rules for the immediate consideration of House Resolution 16.
Is there any objection? Any objection?
Representative Cafero.
REP. CAFERO (142nd):
Thank you, Mr. Speaker.
We have no objection from this side.
SPEAKER DONOVAN:
Hearing no objections, the rules are suspended for immediate consideration of House Resolution
Number 16.
Will the Clerk please call House Resolution rgd/gdm/gbr 83 HOUSE OF REPRESENTATIVES February 4, 2011
Number 16.
THE CLERK:
House Resolution Number 16, RESOLUTION
CONFIRMING THE NOMINATION OF DR. JEWEL MULLEN, OF
GUILFORD, TO BE COMMISSIONER OF PUBLIC HEALTH.
SPEAKER DONOVAN:
Representative Claire Janowski, you have the floor, madam.
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
I move acceptance of the House committee's favorable report and adoption of the resolution.
SPEAKER DONOVAN:
The question is on acceptance of the committee's favorable report and adoption of the resolution. Will you remark?
REP. JANOWSKI (56th):
Thank you, Mr. Speaker.
Dr. Mullen holds a master's degree in public administration from Harvard University. She -- and also a master's in public health from the Yale
University School of Public Health. She also holds an MD from Mt. Sinai School of Medicine and a BA in psychology from Yale University. rgd/gdm/gbr 84 HOUSE OF REPRESENTATIVES February 4, 2011
In her current position, she serves as director of the Bureau of Community Health and
Prevention for the Massachusetts Department of
Public Health. Previously, she served as medical director of the Baystate Mason Square Neighborhood
Health Center in Springfield. And she has also worked as an internist at Yale University Health
Services, the primary care clinic at the hospital of St. Raphael and the Department of Medicine at
Bellevue Hospital in New York City.
She was appointed assistant professor of medicine at Tufts University School of Medicine.
And prior to that time, served as assistant clinical professor of medicine at Yale University, lecturer at the Yale School of Public Health, assistant professor of medicine at the University of Virginia Health Sciences Center and clinical instructor at the New York University School of
Medicine.
She was certified by the American Board of
Internal Medicine in 1984, and currently serves on the expert panel on performance measurements at the
Massachusetts executive office of Health and Human
Services, and is also spokesperson for the American rgd/gdm/gbr 85 HOUSE OF REPRESENTATIVES February 4, 2011 health -- Heart Association Go Red for Women campaign.
Dr. Mullen has an impressive record of credentials and accomplishments. Her responses to questions at the public hearing were direct and her enthusiasm to do a great job was inspiring. And I urge -- I think she will do a great job, and I urge a favorable vote on this resolution.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further?
Representative Srinivasan, you have the floor.
REP. SRINIVASAN (31st):
Thank you very much, Mr. Speaker.
I definitely agree with the nomination of
Dr. Mullen. We know the depth that she's going to bring to our State; health care, the critical state that we are in, health care access which is so important, so critical to each and every one of us here in Connecticut -- is something that Dr. Mullen is very, very aware of. And I know with her capacity that we will see wonderful things happening for us in Connecticut. rgd/gdm/gbr 86 HOUSE OF REPRESENTATIVES February 4, 2011
So I definitely move that the House agree to nominate her, and I thank you very much for giving me this opportunity.
SPEAKER DONOVAN:
Thank you. Thank you, Representative.
Care to remark further?
Representative Pat Dillon.
REP. DILLON (92nd):
Thank you, Mr. Speaker, speaking in support of the nomination.
I'm excited to support Dr. Mullen for this position. I want to point out that many times over the years the statutes have been changed to lower the qualifications for the commissioner of public health, so that many times we have had people serving in that capacity who had no training in public health.
This -- I don't know how long it's been since we had someone who actually had a degree in epidemiology and public health at the head of that department.
I knew Jewel better when she lived in Orange before she went to work in Massachusetts. I'm excited about her appointment. It bodes well for rgd/gdm/gbr 87 HOUSE OF REPRESENTATIVES February 4, 2011 the people of Connecticut. And I congratulate her on her good fortune.
SPEAKER DONOVAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further on the resolution? If not, let me try your minds. All those in favor of the resolution, please indicate by saying, aye.
REPRESENTATIVES:
Aye.
SPEAKER DONOVAN:
All those opposed, nay.
The ayes have it. The resolution is adopted.
Representative Sharkey.
REP. SHARKEY (88th):
Mr. Speaker, I would ask for the suspension of the rules for the immediate transmittal of all items taken up today that require -- require action by the Senate.
SPEAKER DONOVAN:
The motion is for immediate transmittal of all items acted upon today that need further action in the Senate. Is there objection? Is there any objection? Hearing none, the items are immediately rgd/gdm/gbr 88 HOUSE OF REPRESENTATIVES February 4, 2011 transmitted to the Senate.
We are awaiting business from the Senate.
Hopefully, they will immediately transmit it to us.
So at that -- at this point I'll ask that the
Chamber stand at ease.
(Chamber at ease.)
Deputy Speaker Ryan in the Chair.
DEPUTY SPEAKER RYAN:
The House will come back to order.
Representative Sharkey.
REP. SHARKEY (88th):
Thank you, Mr. Speaker. Good to see you up there.
DEPUTY SPEAKER RYAN:
Thank you.
REP. SHARKEY (88th):
Mr. Speaker, I would ask for the suspension of our rules for the immediate consideration of several resolutions that have come to us from the
Senate. These are Senate Joint Resolutions 17, 18,
19, 20, 21, 22, 23 and 24. rgd/gdm/gbr 89 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER RYAN:
The question is on suspension of the rules for the immediate consideration of Senate Joint
Resolution Numbers 17, 18, 19, 20, 21, 22, 23 and
24.
Is there any objection to suspension? Is there objection? Hearing none, the rules are suspended for the immediate consideration of those resolutions.
Will the Clerk please call Calendar
Number 17 -- excuse me. Will the Clerk please call
Senate Joint Resolution 17.
THE CLERK:
Senate Joint Resolution Number 17, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE BARBARA
N. BELLIS, OF SHELTON, TO BE A JUDGE OF THE
SUPERIOR COURT, favorable report by the Committee on Judiciary.
DEPUTY SPEAKER RYAN:
Representative Fox, of the 146th.
REP. FOX (146th):
Thank you, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the rgd/gdm/gbr 90 HOUSE OF REPRESENTATIVES February 4, 2011 resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. FOX (146th):
Thank you, Mr. Speaker.
The Honorable Barbara Bellis was first appointed to the bench in June of 2003. She is a graduate of Boston College and the Catholic
University School of Law. Prior to joining the bench, she practiced at the firm of Mulvey, Oliver,
Gould & Ricci from 1986 to 2003. She was first admitted to the bar in 1983.
Mr. Speaker, Judge Bellis currently presides on the civil docket in Bridgeport. Prior to that, she served in Derby where she was instrumental in creating a domestic violence docket for that court.
Also, Mr. Speaker, Judge Bellis has been extremely instrumental in creating the civil E-Filing system that is currently used and is mandatory for all lawyers in civil cases.
Judge Bellis has been very active with the rgd/gdm/gbr 91 HOUSE OF REPRESENTATIVES February 4, 2011 judicial branch in terms of her involvement in various task forces and committees. She is here before us for her second -- to be reappointed for her second eight-year term. And I urge adoption of the resolution.
DEPUTY SPEAKER RYAN:
Thank you very much, Representative Fox.
I apologize for not recognizing you sooner,
Representative Olson.
REP. OLSON (46th):
Why, thank you, Mr. Speaker. And may I be the first to say I'm so pleased to see you on the dais this afternoon. It's truly a proud moment for
Eastern Connecticut and Montville, Lebanon, Bozrah and Franklin. Thank you, Mr. Speaker.
And I would wish to recuse myself from the following vote for a possible conflict of interest.
And thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
The Chamber will stand at ease.
(Chamber at ease.)
DEPUTY SPEAKER RYAN: rgd/gdm/gbr 92 HOUSE OF REPRESENTATIVES February 4, 2011
The House will come back to order.
Representative Fox, would you care to remark further on this resolution?
REP. FOX (146th):
No, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you.
Representative Rowe, of the 123rd.
REP. ROWE (123rd):
Thank you. Good afternoon there, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Good afternoon.
REP. ROWE (123rd):
And Southwestern Connecticut will join Eastern
Connecticut and welcome you to the dais in your new position. Congratulations.
And I, too, would rise and strongly support
Judge Bellis' reappointment to the bench for all the reasons that the distinguished chair of the
Judiciary Committee referenced.
Judge Bellis is an extraordinarily hard worker and she's -- she's not really a nine-to-five judge.
She's running the show there in Bridgeport and doing a remarkable job as the presiding judge on rgd/gdm/gbr 93 HOUSE OF REPRESENTATIVES February 4, 2011 the civil side. She's making sure that a lot of cases are mediated, thus sparing the court of the necessary resources that go into trials and such.
She's approachable. I think you would -- if were you to ask members of the bar in Bridgeport, they would be -- tell you, almost to a (inaudible), that they're very pleased with how things are running in Bridgeport now. And we hope we keep her there for a while.
But it's without hesitation that I join, what will hopefully be a chorus of yes votes for Judge
Bellis.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative Rowe.
Would you care to remark further? Would you care to remark further? Would you care to remark further on the resolution before us?
If not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is taking rgd/gdm/gbr 94 HOUSE OF REPRESENTATIVES February 4, 2011 a roll call vote. Members to the Chamber, please.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast. If all members have voted the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 17.
Total Number voting 134
Necessary for adoption 68
Those voting Yea 134
Those voting Nay 0
Those absent and not voting 11
In concurrence with the Senate.
DEPUTY SPEAKER RYAN:
The resolution is adopted.
Will the Clerk please call Senate Joint
Resolution 18.
THE CLERK:
Senate Joint Resolution Number 18, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE SAMUEL
S. FREEDMAN, OF WESTPORT, TO BE A STATE REFEREE. rgd/gdm/gbr 95 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER RYAN:
Representative Holder-Winfield, of the 94th.
REP. HOLDER-WINFIELD (94th):
Thank you, Mr. Speaker.
I urge -- I move acceptance of the joint committee's favorable report and its adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is an acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Mr. Speaker.
Before us is Judge -- Judge Trial
Referee Samuel Freedman who is up to be reappointed. He has a long record of service to the State, being appointed to the bench first in
1978. Judge Freedman graduated from the Yale Law
School in 1954. Subsequent to that he got a doctorate in law from Quinnipiac University.
The Judge has authored several articles including -- he co-authored "ERA, May a State
Change Its Vote?" in 1978 and "The Human Side of rgd/gdm/gbr 96 HOUSE OF REPRESENTATIVES February 4, 2011
The Judge," also in 1987.
The Judge spent time as a state representative from the 135th District from 1973 until 1975. He was also a legislative commissioner beginning in
1975 and ending in 1978.
He has been a justice of the peace from 1966 to 1968. He served on several boards, community -- community boards and charitable agencies, including being the vice president and board member of the
International Institute and also a visiting lecturer at the Yale Law School.
This judge trial referee has a long and distinguished career, and I urge adoption. Thank you.
DEPUTY SPEAKER RYAN:
Thank you very much, Representative
Holder-Winfield.
Representative Lavielle of the 143rd.
REP. LAVIELLE (143rd):
Thank you, Mr. Speaker.
I would just like to say that I know Judge
Freedman personally. He's a man of the highest integrity and the greatest professionalism. And he has served this State honorably for many, many rgd/gdm/gbr 97 HOUSE OF REPRESENTATIVES February 4, 2011 years. So I'm very pleased to urge adoption of the resolution.
Thank you.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Representative Janowski, of the 56th.
Representative Janowski. Representative
Janowski.
REP. JANOWSKI (56th):
No. I'm all set.
DEPUTY SPEAKER RYAN:
Okay. Thank you, Representative Janowski.
Representative O'Neill of the 69th.
REP. O'NEILL (69th):
Thank you, Mr. Speaker.
And I would like to concur with the previous speakers that Judge Freedman is worthy of reconfirmation, and urge everyone, especially those on the side of the aisle, to vote for his confirmation.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Would you care to remark further? Would you rgd/gdm/gbr 98 HOUSE OF REPRESENTATIVES February 4, 2011 care to remark further? Would you care to remark further on the resolution before us?
If not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if their vote is properly cast. If all members have voted the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 18.
Total Number voting 135
Necessary for adoption 68
Those voting Yea 135
Those voting Nay 0
Those absent and not voting 10
DEPUTY SPEAKER RYAN: rgd/gdm/gbr 99 HOUSE OF REPRESENTATIVES February 4, 2011
The resolution is adopted.
Will the Clerk please call Senate Joint
Resolution 19.
THE CLERK:
Senate Joint Resolution Number 19, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE LISA
KELLY MORGAN, OF WETHERSFIELD, TO BE A JUDGE OF THE
SUPERIOR COURT.
DEPUTY SPEAKER RYAN:
Representative Fox of the 146th.
REP. FOX (146th):
Thank you, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. FOX (146th):
Thank you, Mr. Speaker.
Judge Morgan comes before us as one of the four interim appointments that were made last rgd/gdm/gbr 100 HOUSE OF REPRESENTATIVES February 4, 2011
November. So this is her first appointment by the
General Assembly to a full eight-year term.
Prior to her appointment in November, she had served -- she was a graduate of Villanova
University, as well as the University of
Connecticut School of Law. She was first admitted to the bar in 1987. She practiced at the firms of
Hebb & Gitlin; Ruben, Morgan & Horan, as well as
Ruben & Johnson -- which is also known as Ruben &
Johnson.
Mr. Speaker, she has proven herself on her short term on the bench to be someone who has the temperament and the legal skill that we look for in our judges. She has participated in a number of community activities, as well as been part of the bar associations in her area. And I urge adoption of the resolutions.
DEPUTY SPEAKER RYAN:
Thank you very much, Representative Fox.
Would you care to remark further?
Representative Morin of the -- oh, 28th.
Excuse me.
REP. MORIN (28th):
Thank you, Mr. Speaker. I certainly would rgd/gdm/gbr 101 HOUSE OF REPRESENTATIVES February 4, 2011 speak in support of Judge -- Judge Morgan.
She has resided in the great town of
Wethersfield for quite a few years with her husband and children. Representative Fox has made some mention of her legal background. She has been very active in our community, especially in -- in Girl
Scouts. She's been a troop leader for over six years. She's worked -- she's worked for the
Connecticut Girl Scouts Council. And frankly, it just goes to show that not only is she a dedicated person that deserves to be on the -- on the bench, but she's also dedicated to her community and her school community. And that's why I'm standing in strong support.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative Morin.
The Chair recognizes Representative O'Neill of the 69th.
REP. O'NEILL (69th):
Thank -- thank you, Mr. Speaker.
And I would concur with the prior speakers that Judge Morgan, who is one of the relatively newer members, has shown competence and rgd/gdm/gbr 102 HOUSE OF REPRESENTATIVES February 4, 2011 qualifications and deserves to be reconfirmed by this Chamber.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Will you remark further? Would you care to remark further about the resolution before us? If not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if their vote is properly cast. If all members have voted, the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 19.
Total Number voting 135 rgd/gdm/gbr 103 HOUSE OF REPRESENTATIVES February 4, 2011
Necessary for adoption 68
Those voting Yea 135
Those voting Nay 0
Those absent and not voting 10
In concurrence with the Senate.
DEPUTY SPEAKER RYAN:
The resolution is adopted.
Will the Clerk please call Senate Joint
Resolution 20.
THE CLERK:
Senate Joint Resolution Number 20, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE JOHN F.
MULCAHY, JR, OF GLASTONBURY, TO BE A STATE REFEREE, favorable report of the Committee on Judiciary.
DEPUTY SPEAKER RYAN:
The Chair recognizes Representative
Holder-Winfield of the 94th.
REP. HOLDER-WINFIELD (94th):
Thank you, Mr. Speaker.
I move adoption of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and rgd/gdm/gbr 104 HOUSE OF REPRESENTATIVES February 4, 2011 adoption of the resolution.
Will you remark?
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Mr. Chair.
Before us we have John Francis Mulcahy, Jr. who is up to be confirmed as a judge trial referee.
Mr. Mulcahy was first appointed to the bench in 1979, May of that year, and has been admitted to the bar since 1959. Mr. Mulcahy graduated from
Cornell Law School in 1959. Prior to becoming a judge, he served with the law firm of Stoner, Burke
& Wise from 1959 to 1962.
Mr. Mulcahy, as his statement to the Judiciary
Committee indicates, has a long career of 31 plus years serving the bench and this State.
Mr. Mulcahy also was approved by the Judiciary
Committee unanimously, and I urge adoption.
Thank you, Mr. Chair.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Would you remark further?
Representative Srinivasan of the 31st.
REP. SRINIVASAN (31st):
Thank you, sir. rgd/gdm/gbr 105 HOUSE OF REPRESENTATIVES February 4, 2011
I support the nomination of John Mulcahy. He,
I know, is going to be a wonderful asset for us at the bench. And I know the House and the Senate will support his nomination.
Thank you.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Representative O'Neill, of the 69th.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker.
Judge Mulcahy now is a trial referee, appeared before the Judiciary Committee. And in addition to his distinguished career and his extensive resume of having been on the bench, he certainly was able to answer all of our questions and performed quite well in front of the Judiciary Committee. And I would urge the Chamber to reconfirm his nomination.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further on this resolution before us? If not, will the staff and guests please come to the well of the House. Will the members please rgd/gdm/gbr 106 HOUSE OF REPRESENTATIVES February 4, 2011 take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber, please. The House is voting by roll call. Members to the Chamber.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if the vote is properly cast. If all members have voted the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 20.
Total Number voting 136
Necessary for adoption 69
Those voting Yea 136
Those voting Nay 0
Those absent and not voting 9
In concurrence with the Senate.
DEPUTY SPEAKER RYAN:
The resolution is adopted.
Will the Clerk please call Senate Joint
Resolution Number 21. rgd/gdm/gbr 107 HOUSE OF REPRESENTATIVES February 4, 2011
THE CLERK:
Senate Joint Resolution Number 21, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE THOMAS
V. O'KEEFE, JR, OF NORTH BRANFORD, TO BE A JUDGE OF
THE SUPERIOR COURT, favorable report of the
Committee on Judiciary.
DEPUTY SPEAKER RYAN:
The Chair recognizes Representative Fox of the
146th.
REP. FOX (146th):
Thank you, Mr. Speaker. I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the joint committee's favorable report and adoption of the resolution. Will you remark further?
REP. FOX (146th):
Thank you, Mr. Speaker.
Mr. Speaker, Judge Thomas O'Keefe, Jr., was first appointed to the bench in 1986. He is a graduate of the University of Connecticut and the
Boston University School of Law. Prior to joining rgd/gdm/gbr 108 HOUSE OF REPRESENTATIVES February 4, 2011 the bench, he was -- served primarily as a prosecutor in the State of Connecticut.
Judge O'Keefe, Mr. Speaker, has developed a reputation for knowledge of many areas of the law, but especially in criminal law where he currently presides.
Since his last appointment, Judge O'Keefe has brought at least 50 trials during his eight-year term. And one of the things about Judge O'Keefe as well, Mr. Speaker, is that we do seek comment from -- from attorneys who practice before the different judges. And the comments on
Judge O'Keefe from people on both sides of litigation were overwhelmingly favorable in terms of his demeanor, his knowledge of the law and his -- his overall judicial knowledge. And I urge adoption of this resolution.
DEPUTY SPEAKER RYAN:
Thank you, Representative Fox.
Would you care to remark further?
Representative O'Neill, of the 69th.
REP. O'NEILL (69th):
Thank you, Mr. Speaker. And I would concur with the chair of the Judiciary Committee's rgd/gdm/gbr 109 HOUSE OF REPRESENTATIVES February 4, 2011 remarks.
Judge O'Keefe certainly is an outstanding judge and has a distinguished record and deserves reappointment and reconfirmation by this Chamber.
And I would urge everyone to vote in favor of the nominee.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Would you care to remark further? Would you care to remark further on the resolution before us.
If not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. Members to the
Chamber. The House is voting by roll call.
DEPUTY SPEAKER RYAN:
Have all the members voted? Have all the members voted? Will the members please check the board to determine if your vote is properly cast.
If all the members have voted the machine will be locked and the Clerk will take a tally. The Clerk rgd/gdm/gbr 110 HOUSE OF REPRESENTATIVES February 4, 2011 will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 22.
Total Number voting 136
Necessary for adoption 69
Those voting Yea 136
Those voting Nay 0
Those absent and not voting 9
In concurrence with the Senate -- Senate Joint
Resolution Number 21.
DEPUTY SPEAKER RYAN:
The resolution is adopted. Will the Clerk please call Senate Joint Resolution Number 22.
THE CLERK:
Senate Joint Resolution Number 22, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE JERRY
WAGNER, OF BLOOMFIELD, TO BE A STATE REFEREE.
DEPUTY SPEAKER RYAN:
Representative Baram, for what reason do you rise?
REP. BARAM (15th):
Thank you, Mr. Speaker and congratulations.
I rise to recuse myself because of a family relationship and conflict of interest. rgd/gdm/gbr 111 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER RYAN:
The Chamber will stand at ease.
(Chamber at ease.)
DEPUTY SPEAKER RYAN:
The Chamber will come back to order.
Representative Fox of the 146th.
REP. FOX (146th):
Thank you, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark, please?
REP. FOX (146th):
Thank you, Mr. Speaker.
Judge Wagner was first appointed to the bench in 1979. He comes before us for appointment as a judge trial referee.
He went -- he's a graduate of Yale University rgd/gdm/gbr 112 HOUSE OF REPRESENTATIVES February 4, 2011 and the Harvard Law School. Prior to graduation from college, he was a World War II Air Force veteran in 1944 and 1945. Judge Wagner is a member of the Connecticut Bar, the Massachusetts Bar and the District of Columbia Bar.
Judge Wagner has served with distinction for many years as a member of our courts and our judicial branch. He has been a valued member of our criminal justice system as well as our justice system as a whole. He currently sits in the
Hartford Judicial District where he continues to hear cases and continues to provide his expertise to those litigants who appear before him.
And I urge adoption of the resolution.
DEPUTY SPEAKER RYAN:
Thank you, Representative Fox.
Would you care to remark further?
Representative O'Neill, of the 69th.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker. And I would concur with the remarks of the Chair of the
Judiciary Committee once again, and urge everyone to vote to confirm Judge Wagner into office.
Thank you, Mr. Speaker. rgd/gdm/gbr 113 HOUSE OF REPRESENTATIVES February 4, 2011
DEPUTY SPEAKER RYAN:
Thank you, Representative Fox.
Would you care to remark further. Would you care to remark further? If not, will the staff and guests please come to the well of the House. Will the members please take their seats. And the machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if their vote is properly cast. If all members have voted, the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 22.
Total Number voting 132
Necessary for adoption 67
Those voting Yea 132
Those voting Nay 0 rgd/gdm/gbr 114 HOUSE OF REPRESENTATIVES February 4, 2011
Those absent and not voting 13
In concurrence with the Senate.
DEPUTY SPEAKER RYAN:
The resolution is adopted.
Will the Clerk please call Senate Joint
Resolution 23.
THE CLERK:
Senate Joint Resolution Number 23, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE MOHAMMAD
NAWAZ WAHLA, OF GLASTONBURY, TO BE A JUDGE OF THE
SUPERIOR COURT, favorable report of the Committee on Judiciary.
DEPUTY SPEAKER RYAN:
Representative Fox of the 146th.
REP. FOX (146th):
Thank you -- thank you, Mr. Speaker.
I move for the acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and the adoption of the resolution. Will you remark?
REP. FOX (146th): rgd/gdm/gbr 115 HOUSE OF REPRESENTATIVES February 4, 2011
Thank you, Mr. Speaker.
Mr. Speaker, Judge Wahla is another of the interim appointments that we have previously approved who were first appointed to the bench back in November.
Judge Wahla comes to us, not only as a member of the Connecticut bar, but he also comes to us now for his first full eight-year term for appointment as a superior court judge. He impressed the committee, both in November and just about a week or two ago, when he came before us and explained his especially unique background. He was born in
Pakistan. And I believe he is the first superior court judge in the State of Connecticut to come from that background.
Judge Wahla also impressed us as an individual who has extraordinary intelligence and the appropriate temperament that we look for in a superior court judge. He will make a tremendous addition to the bench during this eight-year term, and I urge adoption of this resolution.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
The Chair recognizes Representative Srinivasan rgd/gdm/gbr 116 HOUSE OF REPRESENTATIVES February 4, 2011 of the one -- of the 31st. Excuse me, sir.
REP. SRINIVASAN (31st):
Thank you very much, Mr. Speaker.
I support the nomination of Judge Nawaz Wahla.
I know him on a personal basis. And as was appropriately said, he has a very unique and a very wide background coming from Pakistan. His primary concern has been to make sure that everyone gets a fair trial. And with that, I feel that he will be an asset to our -- to our bench.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Representative O'Neill of the 69th.
REP. O'NEILL (69th):
Yes. Thank you, Mr. Speaker.
And again, I concur with the comments of the previous speakers, that this nominee, Judge Wahla, is well qualified and capable.
His background, as -- as I indicated earlier, we had two nominees that had an extensive background in military service. His, of course, was in Pakistan. And yet he brings to the discussion -- which we had extensive discussions rgd/gdm/gbr 117 HOUSE OF REPRESENTATIVES February 4, 2011 with him in front of the Judiciary Committee -- a prospective, a clarity of thought, a different way of looking at things and perhaps formulating questions.
And I would just point out to the Chamber -- and I don't believe that this was referred to during the report that was being made on him -- that we ask whether people have actually published anything in their capacity as a lawyer. And this nominee published a paper entitled, "Nuclear
Safety: licensing and control of nuclear installations."
So that's a field that I don't think we have to many judges that have actually spent a lot of time thinking about. It's probably a good idea to have at least one.
So I would urge the Chamber to vote favorably on this nominee.
Thank you, Mr. Chair -- Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative O'Neill and thank you for the observation.
Will you remark further? Would you care to remark further on the resolution before us? If rgd/gdm/gbr 118 HOUSE OF REPRESENTATIVES February 4, 2011 not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
DEPUTY SPEAKER RYAN:
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast. If all members have voted, the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
THE CLERK:
Senate Joint Resolution Number 23.
Total Number voting 133
Necessary for adoption 67
Those voting Yea 133
Those voting Nay 0
Those absent and not voting 12
DEPUTY SPEAKER RYAN:
The resolution is adopted.
Will the Clerk please call Senate Joint rgd/gdm/gbr 119 HOUSE OF REPRESENTATIVES February 4, 2011
Resolution 24.
THE CLERK:
Senate Joint Resolution Number 24, RESOLUTION
CONFIRMING THE NOMINATION OF THE HONORABLE STUART
M. SCHIMELMAN, OF EAST LYME, TO BE A SENIOR JUDGE
OF THE SUPERIOR COURT, favorable report of the
Committee on Judiciary.
DEPUTY SPEAKER RYAN:
The Chair recognizes Representative
Holder-Winfield of the 94th.
REP. HOLDER-WINFIELD (94th):
Thank you, Mr. Chair.
I move acceptance of the joint committee's favorable report and adoption of the resolution.
DEPUTY SPEAKER RYAN:
The question before the Chamber is on acceptance of the committee's favorable report and adoption of the resolution.
Will you remark?
REP. HOLDER-WINFIELD (94th):
Yes. Thank you, Mr. Chair.
Before us is Judge Stuart M. Schimelman.
Judge Schimelman was first appointed to the bench in 1986. He was first admitted to the bar in 1967, rgd/gdm/gbr 120 HOUSE OF REPRESENTATIVES February 4, 2011
August of that year. He is a graduate of the
University of Connecticut School of Law in 1967.
Judge Schimelman has a career of service to the State of Connecticut, also being admitted to the New London County Bar Association -- a member of the New London County Bar Association. He was also the town attorney for Plainville from 1975 to
1977, an assistant state attorney in New London,
1978 to 1992, a justice of the peace in East Lyme, a deputy town moderator, and several other positions.
The Judge impressed the committee with his temperament and ability and was unanimously voted by the committee. Thank you. I urge adoption.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Will you remark further?
Representative Jutila of the 37th.
REP. JUTILA (37th):
Thank you, Mr. Speaker. I rise in support of
Judge Schimelman's confirmation.
He is a fine judge, and before that was an excellent attorney. I first met Judge Schimelman when he was with the firm of Suisman, Shapiro, rgd/gdm/gbr 121 HOUSE OF REPRESENTATIVES February 4, 2011
Wool, Brennan, Gray & Faulkner in New London. And
I was a summer associate there when I was at UConn
Law School. Got to know him then.
A number of years later he was appointed to the bench and has served the State with great distinction, and I support his confirmation.
Thank you.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Representative O'Neill, of the 69th.
REP. O'NEILL (69th):
Again, Mr. Speaker, I would concur with the remarks made by the prior speakers, and urge the favorable vote for the nominee.
Thank you, Mr. Speaker.
DEPUTY SPEAKER RYAN:
Thank you, Representative.
Will you care to remark further? Will you care to remark further on the resolution before us?
If not, will the staff and guests please come to the well of the House. Will the members please take their seats. The machine will be open.
THE CLERK:
The House of Representatives is voting by roll rgd/gdm/gbr 122 HOUSE OF REPRESENTATIVES February 4, 2011 call. Members to the Chamber. The House is voting by roll call. Members to the Chamber, please.
Speaker Donovan in the Chair.
SPEAKER DONOVAN:
Have all the members voted? Have all the members voted? Please check the roll call board to make sure your vote has been properly cast. If all the members voted, the machine will be locked.
Hold on.
And the Clerk will please take a tally.
Clerk, please announce the tally.
THE CLERK:
Senate Joint Resolution Number 24.
Total Number voting 132
Necessary for adoption 67
Those voting Yea 132
Those voting Nay 0
Those absent and not voting 13
In concurrence with the Senate.
SPEAKER DONOVAN:
The resolution is adopted.
Are there any announcements or introductions? rgd/gdm/gbr 123 HOUSE OF REPRESENTATIVES February 4, 2011
Any announcements or introductions?
Representative Berger.
REP. BERGER (73rd):
Thank you, Mr. Speaker.
An announcement, please?
SPEAKER DONOVAN:
Please proceed, sir.
REP. BERGER (73rd):
Thank you, Mr. Speaker.
The Commerce Committee will meet on February
8th, Tuesday, 11 a.m., in Room 1D.
The purpose of that is an informational forum for CERC, Connecticut Economic Resource Center and the CURE, Incorporated. It will be an informational session.
It is the desire of the chairs and ranking members -- also have screening on Monday, approximately one o'clock, tentative to change, where we may raise concepts where there will be votes taken on Tuesday's meeting.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Piscopo. rgd/gdm/gbr 124 HOUSE OF REPRESENTATIVES February 4, 2011
REP. PISCOPO (76th):
Thank you, Mr. Speaker.
For a journal notation?
SPEAKER DONOVAN:
Please proceed, sir.
REP. PISCOPO (76th):
Thank you, Mr. Speaker.
Will the journal please note that
Representatives Carter and Labriola missed votes due to illness.
Representatives Miner and Gibbons missed votes. They were out of state on legislative business.
Representative Hetherington: in district on legislative business.
Will the transcript please note that
Representatives Floren and Cafero missed votes.
They were out of the Chamber on legislative business.
SPEAKER DONOVAN:
Thank you, Representative.
Representative Clemons.
REP. CLEMONS (124th):
Thank you, Mr. Speaker. rgd/gdm/gbr 125 HOUSE OF REPRESENTATIVES February 4, 2011
For announcement, for journal and transcript notations.
SPEAKER DONOVAN:
Please proceed, sir.
REP. CLEMONS (124th):
Thank you.
For journal notation, Representative Robles was out due to sickness -- death in the family.
Representative Altobello attended the funeral.
For transcript notation, legislative business in the district: Representative Abercrombie,
Representative Kirkley-Bey, Representative Santiago and Rep Ritter.
For legislative business out of the Chamber:
Rep Becker, Rep Fleischmann, Rep Olson; Rep Lesser and Rep Dillon.
Correction, Mr. Speaker: Representative Robles was only out due to illness, not -- not a funeral.
SPEAKER DONOVAN:
Thank you, Representative.
REP. CLEMONS (124th):
Thank you.
SPEAKER DONOVAN:
Representative Dick Roy. rgd/gdm/gbr 126 HOUSE OF REPRESENTATIVES February 4, 2011
REP. RYAN (139th):
Thank you, Mr. Speaker.
For a personal -- for an announcement?
SPEAKER DONOVAN:
Please proceed, sir.
REP. ROY (119th):
Thank you.
The Environment Committee will meet Monday,
February 7th, at 1 p.m., in Room 1E of the LOB.
Thank you, Mr. Speaker.
SPEAKER DONOVAN:
Thank you, sir.
Representative Tony Guerrera.
REP. GUERRERA (29th):
Thank you, Mr. Speaker.
For the purpose of an announcement?
SPEAKER DONOVAN:
Please proceed, sir.
REP. GUERRERA (29th):
The Transportation Committee will hold a meeting on Monday at ten o'clock, in Room 1E, in regards to raising bills.
Thank you.
SPEAKER DONOVAN: rgd/gdm/gbr 127 HOUSE OF REPRESENTATIVES February 4, 2011
Steelers or Packs? What do you think?
Representative Larry Butler.
REP. BUTLER (72nd):
Thank you, Mr. Chairman.
I rise for the purposes of an announcement.
SPEAKER DONOVAN:
Please proceed, sir.
REP. BUTLER (72nd):
Thank you.
I'd like to announce that the Housing
Committee will have a subject matter hearing this
Tuesday, February 8th, at 10 a.m., in Room 1C of the LOB.
SPEAKER DONOVAN:
Thank you, Mr. Chairman.
Representative Piscopo, for the second time.
REP. PISCOPO (76th):
I'm sorry, Mr. Speaker. For a quick transcript notation?
SPEAKER DONOVAN:
Please proceed, sir.
REP. PISCOPO (76th):
Thank you, Mr. Speaker.
Would the transcript please note that rgd/gdm/gbr 128 HOUSE OF REPRESENTATIVES February 4, 2011
Representative Giegler missed votes. She was out of the Chamber on legislative business.
SPEAKER DONOVAN:
So noted. Thank you, sir.
Representative Sharkey.
REP. SHARKEY (88th):
Thank you, Mr. Speaker.
Mr. Speaker, that seems to conclude our business for the day. We anticipate coming back into session to receive the Governor's budget address in a couple -- next week.
But in the meantime -- two weeks -- but in the meantime, I would move that we stand adjourned subject to the call of the Chair.
SPEAKER DONOVAN:
The motion is that we adjourn subject to the call of the Chair. Is there any objection?
Hearing none, the House is adjourned subject to the call of the Chair.
On motion of Representative Sharkey of the
88th District, the House adjourned at 3:22 o'clock p.m., to meet again at the Call of the Chair. rgd/gdm/gbr 129 HOUSE OF REPRESENTATIVES February 4, 2011
CERTIFICATE
I hereby certify that the foregoing 123 pages is a complete and accurate transcription of a digital sound recording of the House Proceedings on
Friday, February, 4, 2011.
I further certify that the digital sound recording was transcribed by the word processing department employees of United Reporters, Inc., under my direction.
______Guy B. Raboin, President Notary Public UNITED REPORTERS, INC. 90 Brainard Road, Suite 103 Hartford, Connecticut 06114
rgd/md/gbr 1 HOUSE OF REPRESENTATIVES January 31, 2011
THE CONNECTICUT GENERAL ASSEMBLY
THE HOUSE OF REPRESENTATIVES
MONDAY, JANUARY 31, 2011
The House of Representatives was called to order at 11:00 o'clock a.m., Representative Kiner of the 59th District in the Chair.
SPEAKER KINER:
The House of Representatives is now in session. Will all members and guests please rise and direct your attention to our guest chaplain,
Ann DeSorbo, of East Haven.
GUEST CHAPLAIN ANN-LOUISE DESORBO:
Let us pray.
Almighty God, bless this Session today as we handle the business of the State. Be with us as we deliberate these matters.
Amen.
SPEAKER KINER:
Ann DeSorbo, of East Haven, will lead us in the Pledge of Allegiance.
ANN-LOUISE DESORBO: rgd/md/gbr 2 HOUSE OF REPRESENTATIVES January 31, 2011
I pledge allegiance to the Flag of the United
States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
SPEAKER KINER:
Is there any business on the Clerk's desk.
THE CLERK:
Yes, Mr. Speaker. The Clerk has a list of reports to be referred to the committees indicated.
SPEAKER KINER:
The Chair recognizes Representative Lemar of the 96th District.
REP. LEMAR (96th):
Mr. Speaker, I move that we waive the reading of the list of reports and the reports be referred to the committees indicated.
SPEAKER KINER:
Hearing no objections, so ordered.
THE CLERK:
Also, Mr. Speaker, the Clerk has List of Bills
Number 17, dated January 31, 2011.
SPEAKER KINER:
The Chair recognizes Representative Lemar of the 96th. rgd/md/gbr 3 HOUSE OF REPRESENTATIVES January 31, 2011
REP. LEMAR (96th):
Mr. Speaker, I move that we waive the reading of the list of bills and the bills be referred to committees indicated.
SPEAKER KINER:
Hearing no objections, so ordered.
THE CLERK:
Mr. Speaker, there is no further business on the Clerk's desk.
SPEAKER KINER:
The Chair recognizes Representative Lemar of the 96th.
REP. LEMAR (96th):
Mr. Speaker, there being no further business on the Clerk's desk, I move that we adjourn subject to the Call of the Chair.
SPEAKER KINER:
Hearing no objections, the House stands adjourned subject to the Call of the Chair.
On motion of Representative Lemar of the 96th
District, the House adjourned at 11:01 o'clock a.m., to meet again at the Call of the Chair.
rgd/md/gbr 4 HOUSE OF REPRESENTATIVES January 31, 2011
CERTIFICATE
I hereby certify that the foregoing 3 pages is a complete and accurate transcription of a digital sound recording of the House Proceedings on Monday,
January 31, 2011.
I further certify that the digital sound recording was transcribed by the word processing department employees of United Reporters, Inc., under my direction.
______Guy B. Raboin, President Notary Public UNITED REPORTERS, INC. 90 Brainard Road, Suite 103 Hartford, Connecticut 06114 THE CONNECTICUT GENERAL ASSEMBLY
SENATE
WEDNESDAY, JANUARY 5, 2011
On Wednesday after the first Monday of January, A. D. , 2011, the date by the Constitution of the State of Connecticut for the meeting of the General Assembly, the Senate convened in the Senate Chamber in the Capitol in Hartford at 10: 06 a. m. Secretary of State Susan Bysiewicz in the Chair.
The Senate was called to order by the Secretary of the State, Susan Bysiewicz.
THE CHAIR:
Good morning, everyone. We are calling the state Senate to order. And with that, I'd like to introduce our chaplain, Rabbi Lazowski, for our prayer.
RABBI PHILIP LAZOWSKI:
Thank you. Our thought for today is from Psalm 33: 12. "Happy is the Nation whose God is the Lord, the people whom He has chosen as His heritage. " Let us pray. Almighty God, watch over those who are entrusted to serve and protect, and to guide our beloved state. Help us to work together, Democrats and Republican, under one faith, giving us strength to accomplish the mission so badly needed under Your guidance and jurisdiction. Let us all feel the camaraderie, the spirit and the joyful mood tackling the budget, engaging the debt for good. In so many we need to be sincere in order to make the most of this year. So let us be tolerant, good, and true facing the year 2011 in everything we say and do. So bless you all with God's loving care as we face the future we all share. And may God bless you with all that is fine, and may heaven enthrall you with rapture divine from now and forever more. And let us all say, amen.
VOICES:
Amen. THE CHAIR:
Rabbi Lazowski, thank you so much. And ladies and gentlemen, if you would please join me in the Pledge of Allegiance.
I pledge allegiance to the flag and the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Thank you so much.
And it is now my pleasure to call the roll of the Senate. And we will start with District 1, John W. Fonfara; District 2, Eric D. Coleman; District 3, Gary D. LeBeau; District 4, Steve Cassano.
Thank you.
District 5, Beth Bye. Welcome to the Chamber, madam.
District 7, John A. Kissel; District 8, Kevin Witkos; District 9, Paul R. Doyle; District 10, Toni N. Harp; District 11, Martin M. Looney; District 12, Edward Meyer; District 14, Gayle Slossberg; District 15, Joan V. Hartley; District 16, Joe Markley.
Welcome to the Chamber.
District 17, Joe Crisco; District 18, Andrew M. Maynard; District 19, Edith G. Prague; District 20, Andrea L. Stillman; District 21, Kevin C. Kelly. Welcome to the Chamber, sir.
District 22, Anthony J. Musto; District 23, Edwin A. Gomes; District 24, Michael A. McLachlan; District 25, Bob Duff; District 26, Toni Boucher; District 28, John McKinney; District 29, Donald E. Williams; District 30, Andrew Roraback; District 31, Jason Welch. Welcome to the Chamber, sir.
District 32, Robert J. Kane; District 33, Eileen M. Daily; District 34, Leonard A. Fasano; District 35, Tony Guglielmo; District 36, L. Scott Frantz. With that, ladies and gentlemen, if you would please raise your right hand, it would be my great honor to administer the oath of office to you.
Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Connecticut, so long as you continue a citizen thereof, and that you will faithfully discharge, according to law, your duties as State Senator to the best of your abilities, so help you God?
SENATORS:
I do.
THE CHAIR:
Congratulations to you all.
The next order of business will be the election of the Senate Clerk. And I would ask that name -- the name be placed in nomination, please.
SENATOR WILLIAMS:
Good morning, Madam President.
THE CHAIR:
Good morning.
SENATOR WILLIAMS:
Good to see you and happy new year.
THE CHAIR:
Thank you so much.
SENATOR WILLIAMS:
It is my great privilege to place in nomination for Senate Clerk the name of Thomas P. Sheridan of Glastonbury. Tom Sheridan is well known to all of us in the circle. He is not only the voice of the State Senate Chamber, but he is a tremendous public servant. A distinguished attorney, an honored veteran, he brings to this Chamber a wealth of experience. And I have to mention that he had a challenge at the end of the last session in terms of his health, and we know that. We prayed for Tom Sheridan. He battled back and he is here today.
And Madam Chairman, I just want to say I am so pleased and proud that we have, with us here today, a great Senate Clerk, and it is my honor to place his name in nomination.
Thank you, Madam President.
THE CHAIR:
Seeing no other nominations, I declare that the nominations are closed.
All in favor of the nomination of Thomas P. Sheridan as Senate Clerk, please indicate by saying aye.
SENATORS:
Aye.
THE CHAIR:
Any opposed?
With that, he is so nominated. And congratulations, sir.
And with that, it's my honor to swear in the Clerk of the Senate.
Sir, do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Connecticut, so long as you continue a citizen thereof, and that you will faithfully discharge, according to law, the duties of the office of Senate Clerk to the best of your abilities, so help you God?
THOMAS P. SHERIDAN:
I do. THE CHAIR:
Congratulations.
And before we swear in the Assistant Clerk, I see that we have been joined by Senator Coleman.
And Senator Coleman, if you would please stand so that I could administer your oath of office.
Sir, do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Connecticut, so long as you continue a citizen thereof, and that you will faithfully discharge, according to law, your duties as State Senator to the best of your abilities, so help you God?
SENATOR COLEMAN:
I do.
THE CHAIR:
Congratulations.
And now, it's my pleasure to have the Senate Clerk preside so that he may appoint his assistant.
THE CLERK:
Thank you, Madam Secretary.
And thank you for the very kind remarks, Senator Williams. I do appreciate it.
My first order of business is to appoint the Assistant Senate Clerk. He's someone who's no stranger to this Chamber. He is a U. S. Air Force veteran. He served his state as the Deputy Commissioner of Motor Vehicles, Deputy Secretary of State, has served as the assistant clerk in the past. He has also represented the great city of Putnam in the General Assembly.
It's my pleasure to appoint, as the Assistant Clerk, Benny Auger. Benny, if you'd join me on the dais. Benny, if you'd raise your right hand.
Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Connecticut, as long as you continue to be a citizen thereof, and that you will faithfully discharge, according to law, the duties of the Clerk of the State Senate to the best of your abilities, so help you God?
BERNARD AUGER:
I do.
THE CLERK:
Congratulations, Benny. I look forward to another two years working with you. Thank you.
Thank you, Madam Secretary.
THE CHAIR:
And now, it is my pleasure to entertain nominations for President Pro Tem.
Senator Looney.
SENATOR LOONEY:
Thank you. Thank you, Madam President. And good morning, Madam President.
THE CHAIR:
Good morning.
SENATOR LOONEY:
Madam President, it is -- it is my great pleasure to place in nomination for another term as our Senate President, Senator Donald E. Williams, Jr. , of the 29th District.
Senator Williams, as we all know, has been our President Pro Tem for the last six and a half years, and during that time, he has proven himself to be exactly what we had hoped he would be when he first assumed that office; that is, a leader of vision, a leader of firm principle and courage, someone who is a consensus builder, but someone who has the courage to make difficult decisions in difficult times.
He has led us in bad times and in good. As we know, the last six and a half years we have seen some of each, and his hand has been a steady hand at the helm during that entire time. As we all know in our own caucus and with the entire Senate, he is someone who is at his best in times of great pressure and stress because everyone, I think, draws strength from his courage, his steadiness, his vision, and his equanimity in those hard times. And that is exactly what we need and what we will continue to need as we go forward in what we know will be a difficult and challenging period.
We are all inspired with the hope of great things to be accomplished when our new Governor, Dan Malloy, is sworn in this afternoon. But we also know that it will be a challenging two-year period, that the budget challenges are difficult. The other challenges that we face will be daunting, but all of us here begin the new session with a sense of great hope. All of us have the honor and distinction of having been selected by our constituents to be here.
It is a great, great treasure and a source of great pride and humility for us all to be here. And I think that's also one of the other reasons why it's so appropriate that we reelect Don Williams as our President Pro Tem, because every day that he comes into the Capitol he is aware of the great gift that has been bestowed upon him by the people of his district and by the members of this Chamber, that he never loses sight of how -- of how precious it is to serve here and what an important mission and vocation it is to be a State Senator and to be a leader in the State Senate.
So with great joy and pleasure and celebration, I place in nomination, as I said, the name of Donald E. Williams, Jr. , of the 29th District, to continue as our President Pro Tem for the next two years. Thank you, Madam President.
THE CHAIR:
Thank you.
Are there any other nominations? Seeing none, the next order of business would be to declare the nominations closed.
And with that, may we ask that all in favor of the election of Don Williams as President Pro Tem of the Senate please indicate by saying, aye.
SENATORS:
Aye.
THE CHAIR:
Congratulations, Mr. Williams.
And it is my pleasure to introduce for the purpose of administering the oath of office to Senator Williams, his very distinguished brother, Mr. Doug Williams.
DOUGLAS WILLIAMS:
Do you solemnly swear or affirm, as the case may be, that you will support the Constitution of the United States and the Constitution of the State of Connecticut so long as you continue a citizen thereof, and that you will faithfully discharge, according to law, the duties of the office of President Pro Tempore of the State of Connecticut Senate to the best of your abilities, so help you God.
SENATOR WILLIAMS:
I do.
DOUGLAS WILLIAMS:
Congratulations.
The President in the Chair. THE CHAIR:
Thank you very much. Thank you very much for this honor.
First of all, I want to thank my family. My wife Laura is here. Laura, thank you for your understanding and support. Couldn't do this without you.
My mother, Donna Williams, would you please stand up. She's here along with my brother Douglas, who did a great job administering the oath. My brother David is actually back from California and had hoped to be here, but he is recovering from the flu, so he's watching this on television at home.
As we all know, we would not be here today without the love and the support of our families. So if we could please take a minute and appreciate and applaud the family and friends who are here for us today.
I want to give a warm welcome to our returning Senators. We need your experience and leadership more than ever this session.
And welcome to our hard-working staff members. Legislators depend on the great work and assistance that you provide. Thank you for everything you do.
There are a few changes in our Chamber. We have a new gavel fitted to the hand of Lieutenant Governor Nancy Wyman. We welcome Nancy. She's a tireless and devoted public servant with a wealth of experience in state government. She's a loyal friend, and her unmistakable voice will be heard in this Chamber. We also welcome five new Senators: Beth Bye, Steve Cassano, Kevin Kelly, Joe Markley and Jason Welch. Congratulations to all of you. The voters have put their trust and confidence in you in these tough times. So get ready to roll up your sleeves. You have the privilege of joining us at a point when Connecticut and 49 other states face the worst economic downturn of our lifetime. We welcome your ideas as we work together to move Connecticut forward.
Today we will have a new Governor. Dan Malloy has already impressed the State with his thoughtful and bold appointments to key positions in state government, including former State Senators Dan DeFronzo and Andrew McDonald.
He's been direct about the need for shared sacrifice as a means of steering Connecticut back to prosperity. At this time when families are anxious about our country's economy, the availability of jobs, and what the future holds for our children, it's critical that we work together here in the Legislature and with Governor Malloy and his administration to move our state forward.
Much of what we do will be hard: cutting services that help people throughout the state, reorganizing state agencies and departments to maximize efficiency and savings, asking our cities and towns and every constituency that depends on state funding to find more savings and become even more efficient, and eliminating the tax spending that is wasted on loopholes, subsidies and special interests that do not create jobs and serve our economy. At the State Capitol, it's important that we put partisanship aside. Connecticut families want us to work together. The times demand that we value results rather than rhetoric.
The last two years were difficult, but we should not overlook those occasions when we worked together to achieve important reforms. We consolidated the probate court districts to create regional efficiencies and keep the system solvent. We eliminated $ 400 million of bonding authorizations. We worked with business leaders and environmental advocates to streamline and expedite the permitting process. We passed what has been called the most comprehensive jobs bill in a generation. We cut $ 3 billion in state spending without shredding the safety net.
As we know, there is much, much more to do. It will take sacrifice, ingenuity and targeted investment to lead our economy back to full strength. In the last two significant economic downturns in 1991 and in 2001, there were noticeable improvements in the economy and job creation after two years had passed. The current downturn is more than two years old and we're still waiting for recovery. On Main Street, throughout our nation, folks are anxious. We need a national and state strategy to grow jobs in the United States. Twenty-five years of corporate mergers and takeovers have succeeded in hollowing out our economy, lessening competition and creating the specter of too-big-to-fail. Free trade adopted in the 1990s was neither free nor fair. The United States has steadily lost manufacturing jobs ever since.
In Connecticut, we need to help businesses grow by continuing to cut red tape, bureaucracy and delay. We must work to reduce energy and health care costs. The U. S. has lost manufacturing jobs to Canada, not because Canada has lower taxes or less severe winters. Jobs have gone to Canada because energy and health care costs are less. Reducing those costs here in Connecticut will help create jobs.
We must also take a look, a fresh look at old assumptions. As a former first selectman, I know that 169 cities and towns often compete against each other for funding, funding for economic development, for education, transportation infrastructure and more. This is a costly system in need of reform.
Town leaders have ideas that can promote regional cooperation and efficiencies. Now is the time to push those ideas forward, and we should follow that approach as a state. Too often we view our policies and resources in isolation. We're part of the New England and New York region that has a high quality of life, a significant concentration of population and world-class resources in education, health care, financial institutions, precision manufacturing and advanced technology.
We can and must do more to work together especially in the areas of transportation, education and economic development. We should collaborate with New York, Massachusetts and Rhode Island to create a vibrant and expanded network of rail service for both commuters and freight to expand economic development. Building on the regional higher education compact among New England states could address, not only tuition costs, but also the training, research and development needs of businesses that contribute to job growth. Bringing regional consistency to regulations that govern sectors of our economy such as financial institutions or high-tech manufacturing could create, not just a local corridor for economic growth, but an entire New England region of synergy among businesses that regularly contract across state lines.
The challenges we face are great, but not insurmountable. We must use this period of economic adversity as an opportunity to remake state government and reaffirm our goals and our priorities. At the end of this legislative session, we must have a balanced budget, a pathway to economic recovery and a hand up to those who have been hurt the most by this recession. I will work as hard as I can to help Governor Malloy and this Legislature succeed.
Finally, as you look around this circle to see old friends and new colleagues, remember the great privilege that we have in serving the people of Connecticut. This is our democracy. It's an honor to serve with you as President of the State Senate. We all have much to do in the next two years, so let's get started. Thank you.
It's my great privilege at this time to appoint as Majority Leader, Senator Martin M. Looney. Senator Looney brings, not only tremendous experience to this Chamber, but he brings honor to this Chamber.
He has served in the House. He has served in the Senate. And we know, not only from his remarks here but in our caucus room, that he brings great levity, knowledge, foresight and humor to what we do. We would not be able to accomplish what we achieve here without Senator Looney's leadership and his ability to guide us in an effective and efficient way.
Earlier Senator Looney spoke of the difficult times that we face, and that is certainly true. So, in this time of need in the State of Connecticut, I can think of no one better to help lead us forward than someone who has done so much to lead us forward in the past, than Marty Looney.
Marty, you're a good friend to all of us, Democrats, Republicans, here in the Senate, in the House and across the state of Connecticut. It's my great honor to appoint you as Majority Leader of the State Senate. Thank you, Senator Looney.
SENATOR LOONEY:
Mr. President.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Mr. President, thank you so much. It is an extraordinary honor and privilege to be the Majority Leader in our wonderful Senate Democratic caucus and to work with all of the members of the Senate, both majority and minority party, to work with you, as President Pro Tem, to work with Senator McKinney, Senator Fasano, and all of the members of both caucuses to try to move things forward in a way that the people of Connecticut will be proud of.
All of us treasure our election to be here. As we all know, that there are difficult times that come up in the course of the session. We're all working hard. We're pulled in so many different directions. There's a great deal of pressure, but there's also a great deal of exhilaration because we all know that we are engaged in an important enterprise.
Someone asked me one time about, well, doesn't it get tiring dealing with the same issues over and over again when you've been here for so long? And I say, no because every time there is a fresh change, there is something new, something different. And you always have a sense that at some key point during the session that you are able to step in and perhaps help something good happen that might not have happened otherwise, or prevent something bad from happening that might have happened otherwise. And those are the moments that you cherish.
And I know I feel, as we all do, that I still get a rush every day when I get off that capital area exit and see the gold dome looming there that it is such a wonderful sense of the miraculous, to have been chosen to be here and to continue to be here.
So as I said, I have been in the General Assembly now for 30 years overall. And I'd like to, for a moment of personal privilege, to introduce my family who is with me here today.
First, my wonderful wife, Ellen, who we went on our first date a couple of weeks after my first election to the House of Representatives, so she knew exactly what she was getting into. And she has been loving and patient and supportive and kind in so many ways ever since. My wonderful wife, Ellen.
And it's also a great pleasure, a source of great pride to have my son, Michael and my daughter-in-law, Becky here today. Michael has been coming here since he was in his early childhood and has grown up with a sense of love for this building and for the enterprise of the General Assembly as well.
His wife Becky, just a wonderful person -- is someone who is an art teacher in an inner city school in the city of New Haven and is dedicated to public service in her own way. So I want to thank them for being here.
My grandson, Matthew is in school today. Otherwise he would have been here. He'll certainly be here later in the session and running around because he is the same age as Senator Duff's oldest son. So they might hang out on some other day.
So again, Mr. President, we all know that we're facing challenging times, but it is a sense of a -- there is a great sense, as we all know, of the possibilities of those challenging times as well. And with your leadership and with the collegial atmosphere of the Senate and working with a creative and energetic new Governor, I'm sure we will produce good things for the State of Connecticut.
Thank you, Mr. President.
THE CHAIR: Thank you, Senator Looney. And I'm not sure after that first date if Ellen knew exactly what she was in for for the next 30 years, but she has obviously enjoyed it, and thank you very much, Senator Looney.
It's now my pleasure to recognize the Republican leader, Senator John McKinney.
SENATOR McKINNEY:
Thank you, Mr. President.
Mr. President, first let me congratulate you on your election, and reelection as our Senate President. I would say to my colleagues and those in the circle with us today that, although we haven't always agreed on the solution to our problems, we have always seen eye to eye on the enormity and gravity of our problems.
And your understanding of the difficult times that we are in and your willingness to talk openly about solving them for the long-term is very important and needed at this time, and your voice and leadership on that will do well for the Senate and the State of Connecticut.
To our Majority Leader Senator Looney, the ability that you have had with us as the minority to operate in the process of the Senate has been appreciated. You are a true gentleman, and the respect that you have for the minority caucus and our rights in this circle are appreciated. And we look forward to working with you again.
To the returning members of the Senate, perhaps like me, you all experience the excitement and the newness of being reelected and being sworn in, but you've probably also experienced what I have, which is, while traditionally people shake our hands and wish us well, and congratulate us, as they have this year, this year it's also been followed by, you've got some tough things ahead of you.
And I think that's a sign that all of us who've been elected and now serve everyone in the State of Connecticut understands the very real, difficult problems that we face. And I don't know if anyone has come up to me and congratulated me as a Republican or congratulated you as a Democrat, because the election is over and the problems are not problems that just face one party or the other. They are problems for the entire State of Connecticut.
To the new members of the Senate, welcome aboard. Steve Cassano, Senator Cassano, who I've known in the past, congratulations and welcome. Senator Bye, who we worked well together when you were in the House, and I think you're going to be a great addition to the Senate.
To the new members of our caucus, Senator Markley, welcome back. I often tell people that the people with the biggest smiles in this building are former members of the Legislature. That's why former Senate President Kevin Sullivan and Mike Meotti and Dan Debicella, and I saw Billy Ciotto, all have big smiles on their face. I might be missing somebody.
In fact, I saw this big gallery, Mr. President. I thought maybe Senator Ciotto was making a return to office.
I also want to welcome Kevin Kelly and his family. Members of the circle, you will find Kevin to be an extraordinarily thoughtful and caring individual as he metes out his business.
And also to Senator Jason Welch and his family. Did anybody have a better holiday card than Senator Welch and his wife and seven amazing children? Welcome to the State Senate, the Welch family.
Mr. President, there are tough times, but today is one of celebration for our friends and family for all the hard work that they have done in helping us get here. Congratulation again.
And I also want to, while I have the microphone for about 30 more seconds, welcome our new Lieutenant Governor, Nancy Wyman. When I had heard that Candidate Dan Malloy, now Governor Dan Malloy, had chosen her for his Lieutenant Governor, I knew he was a smart individual. She will serve the Senate well. And also to our new Governor. I look forward to working with him. The challenges he faces are difficult as well, but we as minority caucus stand ready, willing and able to work with our new Governor and the majority caucus at every turn possible.
Thank you, Mr. President.
THE CHAIR:
Senator McKinney, it's an honor to serve with you. I appreciate your advice, your leadership, and I enjoy working with you and your colleagues.
It's true we don't always agree, but we work together more often than folks might think, and we're going to have to do that this session. So welcome back, and it is again, a pleasure to serve with you.
I also understand, you know, you mentioned a few folks, former Legislators. I understand that Phil Robertson is here today, a former president pro tem, so we welcome him as well.
Now it's time for the adoption of the Senate agenda.
Mr. Clerk.
THE CLERK:
Mr. President, the Clerk is in possession of Senate Agendas Numbered 1 and 2 and 3, dated, Opening Day, Wednesday January 5, 2011.
Copies have been distributed.
THE CHAIR:
Thank you, Mr. Clerk.
Senator Looney.
SENATOR LOONEY:
Thank you, Mr. President. Mr. President, I move all items on Senate Agendas Numbers 1, 2 and 3, as announced by the Clerk, dated, Opening Day, January 5, 2011, to be acted upon as indicated and that the agendas be incorporated by reference into the Senate journal and the Senate transcript.
THE CHAIR:
Thank you, Senator Looney.
Any discussion? If not, all in favor, signify by saying, aye.
SENATORS:
Aye.
THE CHAIR:
Those opposed, nay.
Thank you.
Mr. Clerk.
THE CLERK:
Mr. President, I will defer to the Majority Leader for marking matters on Senate Agenda Number 1.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, having adopted Senate Agenda Number 1, items appearing on that agenda are matters related to -- they are Senate joint resolutions and Senate resolutions regarding our joint and Senate rules.
And the first matter under Number 1, on Senate Agenda Number 1, under Senate Joint Resolutions, Senate Joint Resolution Number 1, RESOLUTION CONCERNING THE JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES.
Would ask the Clerk to call that matter.
THE CHAIR:
Mr. Clerk.
THE CLERK:
Calling from Senate Agenda Number 1, Senate Resolutions, Senate Joint Resolution Number 1, LCO 540, RESOLUTION CONCERNING THE JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES. It's introduced by Senator Looney of the 11th District, Representative Sharkey of the 88th District.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Thank you, Mr. President.
Mr. President, I move adoption of the resolution.
THE CHAIR:
The resolution is moved. Any discussion?
SENATOR LOONEY:
Thank you, Mr. President.
Mr. President, these are our joint rules, which are as they have been for many years of our practice in the Connecticut General Assembly. They have served us well. And we'll find that they are, in fact, substantively the same as what we have dealt with in the past.
Members should check the individual dates for the various deadlines for committees and for filings of bills. As of course, it does change every year, but these are our standard tried and true joint rules. Thank you, Mr. President.
THE CHAIR:
Thank you, Senator Looney.
Any discussion?
Senator LeBeau.
SENATOR LeBEAU:
Thank you, Mr. President.
For a point of information?
THE CHAIR:
You may proceed.
SENATOR LeBEAU:
To the Majority Leader.
Mr. Majority Leader, I wanted to question the committee rules as they're applied. Do we -- I would assume that we're continuing to have joint committees of the House and Senate.
SENATOR LOONEY:
If you might repeat the question, Senator LeBeau.
SENATOR LeBEAU:
I assume that we're continuing to have joint committees of the House and Senate.
SENATOR LOONEY:
Yes.
SENATOR LeBEAU:
That we meet together as a House and Senate like in various committees. And is there any change in the voting procedures on those joint committees?
SENATOR LOONEY:
There is not.
SENATOR LeBEAU:
Okay. Because I just wanted to point out that -- and I think it's -- that I favor joint committees. I think it's an efficient way of operating. It's a way of keeping the number of staff down.
You know, at the same time, I think that sometimes the Senate takes a backseat in joint committees. Those of us in the circle, our votes are worth 4. 2 of every House member, yet that is not recognized by the joint rules. Except -- except and unless there is a division of the committee that allows Senators to vote as Senators and House members to vote as House members.
You know, we represent 90 -- almost, on an average, 95,000 people. House members represent an average of 22,500. That is not recognized by the joint rules, and I want to point it out because I think it's important that the status of the Senate be recognized within the committees. I wanted to make that point.
Secondly, a second point I wanted to make, and a question I'd like to direct you, Mr. Majority Leader, is, have the rules of debate changed at all in the Senate Chamber?
SENATOR LOONEY:
Through you, Mr. President, the standard which we always use, as Senator LeBeau well knows, is governed by the joint rules, the Senate rules and Mason's Manual of Procedure, where there is nothing specific in our rules about it. None of that has changed.
SENATOR LeBEAU:
I just wanted to question whether, is there a mechanism for ending debate in the Senate Chamber? THE CHAIR:
This might be a good time, Senator Looney.
Senator Looney.
SENATOR LOONEY:
Yes. My thoughts exactly, Mr. President.
But to Senator LeBeau's question, of course there is a procedure which is for calling a question on a vote. That has always existed as a possibility and it continues to do so.
SENATOR LeBEAU:
And that remains intact.
I want to thank the Majority Leader for the answers to the questions.
Thank you, Mr. President. And congratulations to both of you.
THE CHAIR:
Thank you, Senator LeBeau. Further discussion? If not, would the Clerk please announce the pendency of a roll call vote.
THE CLERK:
Immediate roll call vote has been ordered in the Senate. Will all Senators please return to the chamber. Immediate roll call vote has been ordered in the Senate. Will all Senators please return to the chamber.
THE CHAIR:
The machine is open.
Have all Senators voted? If all Senators have voted the vote will be closed. Mr. Clerk?
THE CLERK: The motion is on adoption of Senate Joint Resolution Number 1.
Total Number voting 33
Those voting Yea 33
Those voting Nay 0
Those absent and not voting 0
THE CHAIR:
Thank you, Mr. Clerk.
Senator Looney.
SENATOR LOONEY:
Yes. Thank you, Mr. President.
If we might stand at ease for just a moment.
(Chamber at ease. )
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, would ask the Clerk now to call on Senate Agenda Number 1, previously adopted, Senate Joint Resolution Number 2.
THE CHAIR:
Mr. Clerk.
THE CLERK:
Senate Joint Resolution Number 2, LCO 179, RESOLUTION CONCERNING THE PUBLICATION OF THE LEGISLATIVE BULLETIN, PRINTING OF BILLS AND EXPENSES OF THE 2011 SESSION OF THE GENERAL ASSEMBLY, introduced by Senator Looney of the 11th District, Representative Sharkey of the 88th District.
THE CHAIR: Senator Looney.
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, I move adoption of the resolution.
THE CHAIR:
So moved. Would you remark?
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, this is our standard joint resolution regarding publication of the bulletin and printing and expenses to have a permanent record of the proceedings of the 2011 General Assembly.
THE CHAIR:
Thank you, Senator Looney.
Is there any discussion? Now that we know the machine works, let me try your minds. All in favor, signify by saying, aye.
SENATORS:
Aye.
THE CHAIR:
Those opposed, nay.
The motion carries.
SENATOR LOONEY:
Mr. President.
THE CHAIR:
Senator Looney. SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, would move for immediate transmittal to the House of Representatives of Senate Joint Resolutions Numbers 1 and 2.
THE CHAIR:
Without objection, so ordered.
Senator Looney.
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, continuing now on Senate Agenda Number 1, under Number 2 on that agenda, Senate Resolutions, would ask the Clerk to call Senate Resolution Number 1.
THE CHAIR:
Mr. Clerk.
THE CLERK:
Senate Resolution Number 1, LCO 462, RESOLUTION CONCERNING THE RULES OF THE SENATE, introduced by Senator Looney of the 11th district.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Thank you, Mr. President.
Mr. President, I move adoption of the resolution.
THE CHAIR:
So moved. Would you remark?
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President again, these are our standard rules of the Senate. They are the rules under which we have been operating for many years.
THE CHAIR:
Thank you, Senator Looney.
Is there any discussion? There is no discussion. Let me try your minds. All in favor, signify by saying, aye.
SENATORS:
Aye.
THE CHAIR:
Those opposed, nay.
The motion carries.
Senator Looney.
SENATOR LOONEY:
Thank you, Mr. President.
Mr. President, would ask the Clerk now to call Senate Resolution Number 2.
THE CHAIR:
Mr. Clerk.
THE CLERK:
Senate Resolution Number 2, LCO 177, RESOLUTION RAISING A COMMITTEE OF THREE SENATORS TO INFORM THE LIEUTENANT GOVERNOR THAT THE SENATE REQUESTS HER PRESENCE IN THE SENATE CHAMBERS, introduced by Senator Looney of the 11th District.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Yes. Thank you, Mr. President.
Mr. President, I move adoption of the resolution.
THE CHAIR:
So moved. Would you remark?
SENATOR LOONEY:
Yes. Thank you, Mr. President.
This is the resolution that we have as part of our procedure at the beginning of every new term for a Lieutenant Governor, to have the formal welcome of the new Lieutenant Governor into our chambers and involving, Mr. President, your appointment of a committee to inform and escort the Lieutenant Governor to our Chamber.
THE CHAIR:
Thank you, Senator Looney.
Any discussion? Let me try your minds. All in favor, signify by saying, aye.
SENATORS:
Aye.
THE CHAIR:
Those opposed, nay.
The motion carries. At this time I will appoint a committee consisting of three Senators: Senator Andrew Maynard, Senator Edward Meyer and Senator Tony Guglielmo, to request the presence of the Lieutenant Governor in the Senate Chamber.
And the Senate will stand at ease.
(Chamber at ease. )
THE CHAIR:
Ladies and gentlemen in the Senate Chamber, ladies and gentlemen, it is my great privilege to introduce to you in the Senate Chamber today, our Governor-Elect Dannel Malloy and our Lieutenant Governor-Elect Nancy Wyman.
GOVERNOR-ELECT DANNEL P. MALLOY:
Nancy Wyman of Tolland, by way of Brooklyn, are you ready to be sworn in as the Lieutenant Governor of the State of Connecticut?
LIEUTENANT GOVERNOR-ELECT NANCY S. WYMAN:
I hope so.
GOVERNOR-ELECT DANNEL P. MALLOY:
All right. Would you raise your right hand.
Do you, Nancy Wyman, solemnly swear that you will support the Constitution of the State of Connecticut and the Constitution of the United States so long as you are a citizen thereof, and that you will faithfully discharge the duties, according to the law, of the office of Lieutenant Governor to the best of your abilities?
LIEUTENANT GOVERNOR-ELECT NANCY S. WYMAN:
I do.
GOVERNOR-ELECT DANNEL P. MALLOY:
And may God help you. LIEUTENANT GOVERNOR NANCY S. WYMAN:
Thank you all. Please be seated. Wow.
You know, let me try to get my breath first. I didn't think I'd ever be standing up here.
First of all, let me thank our next Governor. We stand here knowing that we are about to take on some of the steepest challenges that any elected officials in Connecticut have ever faced. And I stand here full believing that your vision, Governor, your leadership and your work ethic is exactly what our State needs to overcome those challenges and put us back on firm ground.
I was honored when you chose me as your running mate - - of course, a few minutes ago he told me that I chose him -- and I am honored to be standing with you today as your partner and as the 108th Lieutenant Governor of the great State of Connecticut. Wow.
Let me ask the Chamber to give their warm welcome to our almost First Lady of the State of Connecticut, Mrs. Cathy Malloy. Thank you, Governor and thank you Mrs. Malloy for being here today. And we've got a long road ahead of us. And thank you very much.
Let me especially thank -- I want to thank my family. Did they leave me already? Oh, really.
My dedicated husband, Mike; my two wonderful daughters, Stacey and Meryl; their great husbands, Steve and Bill; my loving sisters, Linda and Lindy; and my pride and joy, my five grandchildren, Kyle, Taylor, Lindsay, Max and Sydney.
You know, it's been eight months, eight crazy months since I decided to run for Lieutenant Governor and I could not have done it without their love and support. I love you all very, very much. Thank you for everything you've done for me.
To my extended family, the people who I spent 16 years with at the comptroller's office, I will miss seeing you every day, but you will always be part of my family. I want to give a special thanks to a gentleman that you're going to be seeing more of, even though he's not going to be in my office, a partner of mine for many, many years and a very, very close friend, and now going to be the Undersecretary of OPM, Mark Ojakian.
Thank you.
I would ask the Chamber to give a warm welcome again, to a very special person, our former First Lady Nikki O'Neill has joined us today.
Thank you, Nikki, for your friendship, for your leadership. And in a little while we will be in Governor O'Neill's armory, and I want to thank you for everything you've done for us. God bless you.
You know, now I'd ask the Chamber also to join me for a moment in a moment of silence to recognize the men and women who have served and are now serving in the armed forces, and to remember the sacrifice of more than 50 Connecticut heroes that we have lost in Iraq and Afghanistan. I'd ask you to stand for a moment of silence, please.
Thank you very much.
To the people of Connecticut who put their trust in me from serving eight years on the Tolland Board of Education to eight years as State Representative and to 16 years as a state comptroller and now as Lieutenant Governor, I thank you.
I promise you that I will spend every day for the next four years working to make life better for all of you. I also want to thank the men and women of the Senate.
You have, those that are new-elected and those of you that have served before have a tough road ahead of you. And I know with the special leadership that you have here in the Senate with Senator Williams, Senator McKinney, Senator Looney, Senator Fasano, I really thank you for welcoming me to this circle. I really didn't think I'd ever be here.
I'm humbled to join you, and I look forward to working with you on an agenda of progress and prosperity for our State. I believe that what people expect and deserve from their leaders is hard work and results that make a difference in their daily lives.
We need to be leaders that will listen to the people and respond to the people. We have to be committed to getting our fiscal house in order. We have to be committed to reforming our health care system, to putting people to work, to helping small businesses, to lowering energy costs, and upgrading our infrastructure.
From the bottom of my heart I truly believe that we all work together -- if we all work together, democrat, Republican, House, Senate, executive branch and legislative branch, we can make this state a better place to live for us, for our children, and for our grandchildren.
I know those are high expectations, but what will inspire us every day to fulfill those expectations is knowing that we must repay the faith of the people of Connecticut have put in for -- in us by doing everything we can for them. I hope you will join me in that pledge.
You know, as a normal tradition here in the House -- in the Senate. Oops. I'll get used to it. I promise. I promise.
I know that you introduce the new members to the Senate, so I'm going to do that in alphabetical order. Normally, I would have done it backwards since my name starts with W and I've never got to go first for anything, but I'm going to go this way because they told me how to do it the right way.
Okay. First of all, let me introduce and then thank Beth -- Senator Beth Bye. Beth was elected first to the House in 2006 --
Sorry. Beth Bye was elected in the House in 2006 -- has become known for her work in environmental and children's issues. In fact, she is widely recognized as one of the State's leading experts on early childhood education. Being a mother and a stepmother to four, that expertise probably comes in very handy. Beth will represent West Hartford, Avon, and Farmington, and I look forward to working with her -- and Burlington. Somebody is fired. Well, we had to cut down on those state employees anyway, you know.
I was just kidding, state employees. It's not going to be -- okay. I promise I'll stick to Senate rules.
Senator Steve Cassano. Steve is the former long-time mayor of Manchester and has been involved in government and politics for more than three decades. He is a very familiar face here at the capitol from his years of work on the countless boards and commissions, especially as the chairman of the Capitol Region Council of Governments for eight years.
I have no doubt that his experience will serve him well in representing the people of Manchester, Bolton, Glastonbury and Marlborough -- I got them all?
Welcome, Steve.
Senator Kevin Kelly. Kevin is an attorney who joins the Senate as his first elected office to represent his home town of Stratford, as well as Monroe, Seymour, and Shelton. Kevin is a former investigator for the State Department of Social Services and is now chairman of the Southwest Connecticut Agency on Aging, which administers the Connecticut Home Care Program.
He also lectures on topics such as Medicaid, elder law, estate and gift taxation, skills that no doubt will serve him well in the circle.
Kevin, congratulations and welcome.
Senator Joe Markley. Today actually marks Joe's return to the Senate after being elected for a term in 1984. Joe is a well-known advocate for small government, lower taxes and for getting regular citizens to become involved in government. In the Legislature Joe chaired the Human Service Committee and the Welfare Subcommittee of Appropriation. Joe will represent Cheshire, Wolcott and parts of Waterbury along with his hometown of Southington. Welcome back, Joe.
Senator Jason Welch. Jason is a Torrington native and a political newcomer who represents Bristol, Harwinton, Plainville and Plymouth. Jason has a degree in law and economics and has helped many small and medium-sized businesses grow through advertising, which is one of his specialties. Jason has -- also has served his country in both the United States Coast Guard Reserves and the Army National Guard.
I welcome him to the Senate and wish him the best of luck.
And of course, congratulations to all the members of this fine body.
And I will close with one final word to the people of Connecticut. I am deeply honored to be your Lieutenant Governor, and I can promise that no one will work harder to prove that you made the right choice.
Thank you. God bless America and God bless this great State of Connecticut.
Thank you. Thank you very, very much. Thank you.
Okay. At this time, I think it's time to get to work. I would like to first recognize the very handsome Mr. Majority Leader Marty Looney.
SENATOR LOONEY:
Thank you. Thank you, Madam President.
And it is just wonderful to see you there, Madam President. And our service goes back to 19 -- January, 1987, when you entered the House of Representatives on the day when Governor Bill O'Neill was sworn in for his final term. You began your career in the House that day, and we were colleagues there for many years.
So again, let me welcome you here to the State Senate. We know that your tenure is going to be just extraordinary, and the sense of humanity and purpose that you bring to all that you do is something that's going to inspire us all as we all work together. LIEUTENANT GOVERNOR NANCY S. WYMAN:
Thank you.
SENATOR LOONEY:
So Madam President, returning to our agenda, we have several more items to take up, which are the formal items to get us procedurally under way in the first day of the session. And the next item is Senate Resolution Number 3, and would ask the Clerk to call that item.
THE CLERK:
Returning to Senate Agenda Number 1, Senate Resolution Number 3, LCO 192, RESOLUTION RAISING A COMMITTEE OF CANVASS ON VOTES FOR STATE SENATORS, introduced by Senator Looney of the 11th District.
SENATOR LOONEY:
Madam President, I move adoption of the resolution.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Is there a question on adoption? Seeing none?
SENATOR LOONEY:
Madam President.
Yes, Madam President, this is our standard resolution for the appointing of a committee of three Senators for the purpose of examining and reporting upon the canvass and return of vote. Basically, and once again, to formally -- we determine that we are all entitled to be here as a result of the election.
Thank you, Madam President.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Can I try your minds? All in favor say, aye.
SENATORS: Aye.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Any nays?
Seeing none, the resolution is adopted.
Today we will appoint the committee of Senators Beth Bye, Senator Steve Cassano, and Senator Mike McLachlan.
Mr. Majority Leader.
SENATOR LOONEY:
Thank you. Thank you, Madam President.
While waiting for the return of that committee's report, we'll move on to Senate Resolution Number 4 on Senate Agenda 1.
Would ask the Clerk to call Senate Resolution Number 4.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Mr. Clerk.
THE CLERK:
Senate Resolution Number 4, LCO 466, RESOLUTION CONFIRMING THE NOMINATION OF REVEREND JAMES NOCK OF EAST HARTFORD AS CHAPLAIN OF THE SENATE, REVEREND DAVID H. BAIRD OF PUTNAM AS DEPUTY CHAPLAIN OF THE SENATE, REVEREND DOCTOR BARBARA HEADLEY OF HARTFORD AS DEPUTY CHAPLAIN OF THE SENATE, AND RABBI PHILIP LAZOWSKI OF BLOOMFIELD AS A DEPUTY CHAPLAIN OF THE SENATE. It's introduced by Senator Williams of the 29th District, et al.
SENATOR LOONEY:
Madam President.
LIEUTENANT GOVERNOR NANCY S. WYMAN: Yes.
SENATOR LOONEY:
Madam President, I would move adoption of the resolution.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Can I try your minds? All in favor please say, aye.
SENATORS:
Aye.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
All opposed?
Seeing no objection, the resolution is passed.
Mr. Majority Leader.
SENATOR LOONEY:
Yes. Madam President, having adopted that resolution, would just, on a point of personal privilege, to congratulate our chaplains and deputy chaplains who have been doing an extraordinary job for us here and will continue to do so. And their words of wisdom are important to us to get us in the right reflective mind at the beginning of each session.
Madam President, the next item to be considered, if the Clerk would call Senate Resolution Number 5.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
Mr. Clerk.
THE CLERK:
Senate Resolution Number 5, LCO 182, RESOLUTION CONCERNING THE PRINTING OF THE SENATE JOURNAL, introduced by Senator Looney of the 11th district.
LIEUTENANT GOVERNOR NANCY S. WYMAN: Mr. Majority Leader.
SENATOR LOONEY:
Yes. Thank you, Madam President.
Madam President, I move adoption of the resolution.
LIEUTENANT GOVERNOR NANCY S. WYMAN:
The question is on adoption.
SENATOR LOONEY:
Yes. Madam President, this resolution is our standard resolution regarding the printing of the Senate journal, which is the -- has been our formal way of authorizing the memorialization of our proceedings here in the Senate.
Thank you, Madam President.
(Senator Coleman of the 2nd in the Chair. )
THE CHAIR:
Will you remark further on the adoption of the resolution? Will you remark further? If not, the Chair will try your minds. All those in favor of the resolution please indicate by saying, aye.
SENATORS:
Aye.
THE CHAIR:
All those opposed say, nay. The ayes have it.
Senator Looney.
SENATOR LOONEY:
Yes, Mr. President. Thank you, Mr. President.
It is good to see you there. I know that you are an experienced hand in presiding, and I welcome you into that position once again. You have been so helpful to us on so many occasions in that role.
Mr. President, would ask the Clerk to call Senate Resolution Number 6.
THE CHAIR:
The Clerk please call Senate Resolution Number 6.
THE CLERK:
Senate Resolution Number 6, LCO 187, RESOLUTION CONCERNING ROLL CALL AND READING OF THE SENATE JOURNAL, introduced by Senator Looney of the 11th District.
THE CHAIR:
Senator Looney.
SENATOR LOONEY:
Yes, Mr. President. This is our standard resolution providing that the daily roll call and reading of the journal of the Senate be dispensed with during the January 2011 Session.
THE CHAIR:
Will you remark further on the resolution? Will you remark further? If not, the Chair will try your minds. All those in favor of the resolution please indicated by saying, aye.
SENATORS:
Aye.
THE CHAIR:
All those opposed say, nay. The ayes have it. The resolution is adopted.
Senator Looney.
SENATOR LOONEY: Yes. Thank you, Mr. President.
Mr. President, at this point would yield the floor to members for purposes of points of personal privilege or introductions.
THE CHAIR:
Thank you, Senator.
Would the Chamber please stand at ease.
(Chamber at ease. )
THE CHAIR:
Are there any announcements or points of personal privilege? Are there any announcements or points of personal privilege?
Would the Senate please come to order. Would the Senate please come to order.
Members and guests please extend your courtesy to the members who have points of personal privilege and announcements. I'd ask that the Senate please be in order.
Senator Meyer.
SENATOR MEYER:
Thank you, Mr. President.
What an honor, a special honor to have guests with us today and family with us today. And I want you all to recognize several people who accompanied me to Hartford today on this marvelous first day of our session, and they include Pam Knapp of Branford, who's in the gallery; Steve Kops of Guilford, who's in the gallery; Emily Seaman of North Branford, who's here as well.
Bob Rattrner is actually the official photographer here today, and he's from Branford as well; son Jeff, a professor at Quinnipiac law school and Yale Law School -- has also been with us. And I must say that the person who has sustained me throughout the first six years here, who has sustained me actually for 31 years has come up today, and that's my wife Patty Ann. And I hope you'll give her a warm welcome. Thank you.
THE CHAIR:
Are there further announcements and points of personal privilege?
Senator LeBeau.
SENATOR LeBEAU:
Thank you, Mr. President. Good to see you up in the Chair again.
I'd like to introduce my family and a good friend. First of all, let me start off with a good friend, Craig Stevenson, who is the economic development coordinator for, among other towns, South Windsor -- my campaign manager and a great friend who has served here as my intern almost 20 years ago. And it's great to be back.
And, you know, Martin was talking about being here for 30 years. Well, it was 20 years ago that I was first sworn in, not in the Senate, but in the House. And I couldn't have had these great years without my wife and family. And standing in back of Senator Meyer is my wife Joanne LeBeau who's -- Joanne Sullivan LeBeau. I want to make sure that we got the Irish in there, Joanne, because we hope to make it to Ireland this year. It's a promise. So that means we can't have any special sessions through the summer. We've got to get out of here.
And also with my wife Joanne is my daughter Kara, who's a teacher in East Hartford, a kindergarten teacher. My son, Matthew, where are you Matthew? Matthew is over there raising his hand. And some of you know Matt for his work over the last couple of years in the LCO office. And now he'll be working in government -- and we're not quite sure yet exactly where. And my son Christopher, who's a senior at Sacred Heart, is going to graduate whatever the highest cum laude is. I never know because I wasn't going to graduate cum laude. But he's a senior at Sacred Heart. He's a great student. I've got a great family who are doing well. And I cannot help but thinking about when they were little babies 20 years ago, sitting on my lap down in the House and bouncing them. And they all behaved well then, and they're all behaving well today. So thank you, kids.
THE CHAIR:
Senator Kissel.
SENATOR KISSEL:
Thank you very much, Mr. President.
Well, I'm delighted to be here. Earlier this morning my mom and dad, John and Anna-Marie Kissel, were here and my brother, Michael -- who I believe works over at DMHAS in a capacity helping with folks that have special needs. So I want to acknowledge that they were here for the swearing-in ceremony along with my mother and father-in-law, Ben and Sarah Pallotta.
But without a doubt, most importantly to me and my seven-year-old -- who's in the caucus room saying, Dad, I can watch this all on TV and be able to eat in there. So he's got a bird's-eye view of what's going on in here. And as this year progresses, maybe some of us will avail ourselves of that timeout area a little bit ourselves.
But I have with me two -- along with Tristan, my beloved seven-year-old, my son Nathaniel, who did 16 Signwaves with me in the last two weeks of the campaign, above and beyond and everything else.
And also the person who could not -- I could not be a State Senator if it weren't for my wife. And I believe that as I embark on my tenth term, she has been by my side. We actually became engaged while I served in this Chamber. She has never taken away her support.
And for all of you who have been through tough campaigns, you know what it's like. And you come home and you say, my opponent did this and my opponent did that. And you know what? To have someone there by your side, bucking you up and telling you that you're doing the very best you can. The love that my wife Cindy has given to me -- over all these years has allowed me to be the very best Senator I can be.
And with that, could you all give them --
Honey, I love you. Your Senate. Thanks.
Thank you very much, Mr. President.
THE CHAIR:
Senator Welch.
SENATOR WELCH:
Thank you, Mr. President.
Point of personal privilege. I'd like to recognize a number of people with me here today. First and foremost is my wife of 15 years, Elizabeth, who has made all this possible. And then seven wonderful kids who have not peeped once the entire hour and a half we have been here. Thank you, Sarah, Seth, Grace, Wesley, Luke, Hope and Benjamin.
I'd also like to recognize a few people in the gallery, my mother, Phyllis Mueller, my parent-in- laws, Jim and Imogene Boone. And then I also have up there Tim Bobroske, who is the son of a wonderful role model, Beverly Bobroske, a name I think many of you know.
Also with me here earlier for the swearing in was the acting mayor of Bristol, Ken Cockayne. I'd like to recognize him and his fellow City Councilman, Dave Mills, and then also the Town Councilman of Plainville Scott Saunders.
Thank you.
THE CHAIR:
Senator Kelly. SENATOR KELLY:
Thank you, Mr. President.
A point of personal privilege.
THE CHAIR:
Please proceed, sir.
SENATOR KELLY:
Thank you.
This morning I have with me members of my family and friends. And I'd first like to recognize my -- what I call my first vote and the love of my life, my wife Cindy, who without her support and guidance and, you know, being there throughout a campaign, I couldn't be, not only here, but where I am in life. And I really appreciate everything you've done for me. I love you very much.
In addition, I have on the floor -- well, I'm going to go with everyone -- my son Kevin, my daughter Kathryn, my stepson Jessie, Kathy Dichek, and granddaughter Kaylee.
We also have Brittney and her fiance, Ralph. And then also Ralphie, AKA, Bob who was also very quiet during the entire proceeding. He's four months old.
I have with me on the Senate floor my mom, Millie, and mother-in-law, Peg, who also without your love and support I could not be where I am. My family is the foundation upon which I move, and without that solid foundation we really can't go anywhere in life.
And thank you very much. I love you all dearly, and I just can't tell you how much you mean to me.
In addition, I also have my sister-in-law, Maureen Kelly, my aunts Therese Murphy and Veronica Hay, cousins Eileen Murphy, Laurie Craw, Al Hay, sister-in- law Kathy and Scott Bernstein and niece, Abigail. I also have coming with me friends and people who were very supportive on the campaign trail, most notably the people that actually got the job done: Christopher Silhavey, David Knott, Tom Cotter. And I also know that we had Bill Costello, who has been working in politics with me going back more than some -- I hate to admit it -- 30 years now, as well as John Florek.
And then who could forget my additional -- and where is she? Oh, here she is. Marge Nablin, our neighbor, friend. Love you, Marge.
Last, but not least, I would like to thank very much Senator Dan Debicella, whose support, insight and guidance helped me get to where I am today. In addition, I would like to thank him for his hard work, commitment and above all, service to this great State of Connecticut and to the people of Monroe, Seymour, Stratford and Shelton. Thank you very much, Senator Debicella.
And lastly, I'd just like to say, don't be afraid to dream because dreams do come true. And this is a great country, a great state to live in, and a great government that affords us this opportunity to actually do the people's business. I am thankful. I am inspired and I am hopeful for Connecticut's future. And I thank you.
Thank you, Mr. President.
THE CHAIR:
Senator Prague.
SENATOR PRAGUE:
Thank you, Mr. President. It's a pleasure to see you standing up there.
Mr. President, my two daughters left. My son-in-law left, but with me is my grandson -- where are you, Chris? Chris, who's the loyal grandson, a former Marine and I'm proud to introduce him, Christopher Doyle. And Mr. President, my friends and my neighbors, the Morells, Dottie and John Morell who have Gladys with them. Gladys is Dottie's mother.
My friend Gladys, who's 92 years old, came today to see the Senate. It's her first time at the capitol and I want to introduce Gladys. Come on, Gladys.
Do you want to say something?
Gladys Flowsie.
Thank you, everybody, for giving Gladys the recognition -- and my grandson, Christopher, the recognition that they deserve. Thank you.
THE CHAIR:
Thank you, Senator Prague.
Senator Frantz.
SENATOR FRANTZ:
Thank you, Mr. President. And congratulations to you for your reelection.
Congratulations to all of my colleagues for being reelected. I know there isn't anybody sitting in the circle today that doesn't take this job very seriously and doesn't consider it one of the highest honors of their entire lifetime. I know I certainly do.
Yes, we do have our work cut out for us. We all see the writing on the wall, which unfortunately is a lot of red these days. And we will have our differences. There's no question, but I know for a fact because I know most of you very well -- and the new members I know a lot about you, whether you know that or not -- we can restore Connecticut's greatness if we work together.
And ladies and gentlemen, colleagues, we don't have a choice here. We've got a fight ahead of us, and we will prevail. We will turn this state around and put it on the right trajectory going forward. There's no question about it. I would like to recognize a few people in my life, the most important people in my life. I consider it a privilege, and I'm a very, very lucky person to be serving in the circle, but I'm even luckier to have the most magnificent family in the entire world. I would like to introduce to you my magnificent wife Icy Frantz. And I love you, Icy. Please stand up right now. Thank you for putting up with this and allowing me to do this.
We have three of our four kids here today, Hanley and McKinley, twins. Can you guys please stand up for a second. Can anybody tell the difference? Let me know if you can. And finally, little Brady Frantz here. Thank you all so very, very much. If you could give them a warm round of welcome applause. Thank you.
Thank you, Mr. President.
THE CHAIR:
Senator Stillman, I appreciate your patience.
And next, Senator Doyle. I appreciate your patience, sir.
SENATOR STILLMAN:
Thank you, sir.
For a point of personal privilege.
THE CHAIR:
Please proceed, madam.
SENATOR STILLMAN:
Thank you.
First of all, it is an honor and a pleasure to be back here and to have you preside over the Chamber on this most important day for so many. I'd like to welcome the new members. I look forward to working with all of them on the issues that are before us. But to keep this short -- I will -- I would like to let you know that I've been accompanied by members of my family today. My husband Howard is here again, and I thank him for all his guidance and suggestions as we embark down this path together. And my son Brett is here. Where is he? There he is. Brett and his three children -- three of my five grandchildren. I have Ella and Ari and Zack.
They were worried I wouldn't get them straight today, because as you can see, it's hard to tell them apart. They've come down from Maine just for today's event. And I'm delighted to say that they're accompanied by Nikki Gauthier. And it's the first time at the capitol for all of them, except my son who was here the first time I was sworn in as a member of the House.
So I would appreciate it if you would welcome them also. And congratulations again to everyone.
THE CHAIR:
Senator Doyle.
SENATOR DOYLE:
Thank you, Mr. President.
I'd like to remark, you were one of the best parliamentarians of the Chamber, and we do appreciate your reference.
THE CHAIR:
Now, if we can only get to the ceremony on time.
SENATOR DOYLE:
Yes.
It's my pleasure to introduce to you some important people that support me. First of all, my mother, who is my informal campaign chair -- and of course, you know, committed her whole life to me, Nancy Doyle.
And then my Aunt Betty, my Aunt Betty. And our good family friend, Nelly Romaine. And her sister was the first female mayor of the city of Hartford and actually the first female mayor of a major city or capital city in the United States of America, Ann Uccello, back in the sixties.
I have two more people I have to introduce, but I'll just make a quick remark to Senator Kelly. Congratulations. And you actually are in competition with the person I'm going to introduce next, my predecessor Senator Ciotto.
It's my understanding he introduced quite a few people in his tenure. I think you're close to him, but I still think our good friend, the Chamber's good friend, Senator Billy Ciotto introduced more.
And my good friend and Billy's partner in life Jeanne Ciotto and, of course, his Irish side.
Thank you.
THE CHAIR:
Senator Fonfara.
SENATOR FONFARA:
Thank you, Mr. President and good morning to you. It's great to see you up there, and I want to echo Senator Doyle's statements regarding your professionalism and how great a job you do up there, both in terms of presiding over this Chamber and representing the city of Hartford and the towns of Bloomfield and Windsor.
I'll just say it's great to have the quiet corner back with the three of us, Senator LeBeau, Senator Coleman and myself here in this corner. It's been a long time that we've been together. They probably regret it, but it's a pleasure to be back here.
It's been many years now, but it never gets old. It's still an exciting day and looking forward to the challenge. And I welcome and congratulate all the members, and particularly the new members joining us. You know, we're like a family. It's like a college class. After you leave this, you still are always part of a fraternity, if you will, or a sorority, whichever.
I'd like to recognize quickly some family members and dear friends and supporters who have joined me here today, my daughter Christina who's here -- who, by the way, who has never known me not being in this building, either in this chamber or the other.
My sister, Beverly, thank you for being here. I love you.
And some dear friends and supporters without whom I would not be here, Clorinda Soldevila, who is right here -- the hardest worker you ever wanted to see, someone who should be enjoying the latter years of her life, and yet she goes up more stairs and doors in the heat of the summer on my behalf year after year. And I'm so grateful to you, Clorinda.
Julio Mendoza, the Executive Director of the Spanish- American Merchants Association, a great friend and counsel to me, like a brother. Standing next to him, Carlos Alvarez, Hartford businessman and also a great counsel to me. Long-time friend, dear friend, Kip Bergstrom who's here from New Haven. Thank you, Kip for joining us. My aide, Linda Buchanan, who's been with me every day in the Senate.
And last, but not least, I want to recognize two dear, dear friends, former Senator Billy Ciotto and Jeanne Ciotto. I love you both, and thank you for being here again today.
Thank you, Mr. President.
THE CHAIR:
Are there further announcements or points of personal privilege?
Senator Duff.
SENATOR DUFF:
Thank you, Mr. President. Good morning. For a point of personal privilege. Thank you, Mr. President.
Mr. President, today I wanted to, first of all, thank the voters of Norwalk and Darien for sending me back to this chamber and to this circle to work on, obviously, the difficult issues that we will all be facing over the next couple of years.
We all know that none of us -- and as been said before -- do this alone. And we are reminded every opening day, especially with our new members, that it's quite an honor to be in this circle and to be at this capitol. But today, many of us, as well, have friends and family that we would like to introduce and recognize for either their friendship or their hard work on the campaign trail, or just for supporting us through what has been some difficult times over the last few years and especially during a long campaign.
First I'd like to recognize two friends of mine who are very near and dear to me, and they're sitting up in the gallery. It's Mary Pugh and Roger Williams. I want to thank you both for being here and for your support and generosity with your time at all hours of the day and night. It's very much appreciated.
I also have some family here today. I have my Uncle David and Aunt Linda who are here, and I want to thank them. They actually came -- it was a couple of years ago, I think we had a big ice storm on opening day. And I thought my whole family was coming up that day, and they couldn't make it because of the traffic and the ice, but they somehow got out of their driveway in New Fairfield and managed to make it here to Hartford in time, and I've always appreciated that.
I also would like to introduce my cousin, Corey. I thank her for being here. My mom, Joanne and my wife Tracy and Ryan and Colin, who are here as well. And Colin -- Ryan who's a great big brother.
I also want to mention Colin who had his tonsils out a week ago today and has gotten the all-clear from his doctors, and he's been a real trooper and a real champ. And I want to thank him and all my family and friends for being here today. Thank you, Mr. President.
THE CHAIR:
Thank you, Senator.
Senator Boucher, then Senator Daily and then Senator Slossberg.
SENATOR BOUCHER:
Thank you, Mr. President.
Mr. President, I also rise for a point of personal privilege. It is indeed a very rare opportunity that we have to serve in this chamber. It's afforded very few people. And quite frankly, when you think about it, really the best blessings that a person can have in their life in order to help them here is family, family that will often become your friends and friends that oftentimes become your family.
I've been very blessed to have both, some of which are here today from Westport. I have Bob Zappi, our RTC Chairman. We have George Underhill and Bill Meyers, who at 81 years old young, is Mr. Westport in every capacity -- does so many good works.
In addition to a number of young ladies who are entrepreneurs and businesswomen trying to help the State bring in those taxes, Anne and Lisa Stravado and Hope Felder.
In addition, I am very, very blessed to have with me First Selectwoman Natalie Ketcham from Redding and family that's here, both my brother-in-law -- I have here John, my sister-in-law, Theresa, and some -- a very special gentlemen here. His name is Chandler Boucher. He is one day going to either become Governor or president of the United States of America. I can guarantee you that.
Chandler had a very interesting four-year campaign to get well here at Children's Hospital in Hartford and has done amazingly well and kept up a perfect A score in every class in school and continues to be an A student. So we have great hopes for him. And I would be remiss if I also didn't mention Senator Ciotto, because everyone else certainly has mentioned Senator Ciotto and his beautiful wife, who is also a songstress and keeps him young every day. So Senator Ciotto, thank you for joining us as well.
And thank you for points of personal privilege, Mr. President.
THE CHAIR:
Thank you, Senator.
Senator Daily.
SENATOR DAILY:
Thank you very much, Mr. President and congratulations to you and to all our colleagues who've been elected or reelected.
First, I'll do the business with which I'm charged and announce that Finance Revenue and Bonding will hold an organizational meeting Friday, January 7th, at 1 p. m. , in Room 2E. In case of a blizzard, it will be the next Monday.
I would like to thank my family and my friends for all their hard work, and I would like to recognize Claire Taredon and Mary Kennedy, two sisters in our area that worked so hard for me and for so many other candidates. Chatham Carillo, who's been my aide for many years now and is the newest member of the East Hampton Town Council, Matt Santa Cruz, who also worked so diligently on the campaign and is here for the session.
I also have to thank my husband who didn't have the patience to wait this long. But over the 46 years that we've been married, he's waited many, many times. And I know he had no idea what he was getting into when he met me and married me.
Thank you very much, Mr. President. And again, congratulations to everybody.
THE CHAIR: Senator Slossberg.
SENATOR SLOSSBERG:
Thank you, Mr. President.
And I think just the anticipation of trying to -- of waiting this morning has heightened the joy that we have for being here. So it's always a pleasure. It's a pleasure to be back. We've got lots of excitement and optimism in the room.
I'm delighted to be here today and to be joined by the people who make it possible for me to be here. And so I have with me a large contingency from the 14th Senatorial District, all of whom are good friends.
And I'm going to read all their names, and I'm going to ask you all to just stand up because you've waited so patiently and with bated breath, sitting at the edge of their seat for this very exciting moment.
And I say that in all seriousness, that our constituents and our friends who come up here, while we're here all the time and we're here late at night and sometimes it doesn't feel as shiny, as exciting as it does on the first day for us, everyone who walks into this chamber recognizes what an incredible experience this is and what an incredible opportunity we have to serve.
And so I am only here by the goodness and the hard work of the people who work with me to be here. And so I'm delighted to have with me Noreen Adams, Bobby Brown and his mom, Pat Damon, Howard Davis, Mitch Goldblatt, long-time public servant, Patty Horvath, Stephanie Jatlow, Joanne Judd, Rob Keating, a promising young man at Amity High School and his dad.
Barbara Lehrer, good friends Ned and Linda Martin, dear friends Ed, Roberta -- Ed, Roberta O'Brien and their family. So glad to have them here. And my dear friend Trish Pearson, who I'm so, so happy to have with me today. And those are all of my friends and supporters who are here joining us on this very exciting day, and we're delighted to have you here.
In addition, though, I would be remiss if I didn't recognize my family that I have with me today. Bert and Edie Slossberg, who are my in-laws, but they don't get any better for parents for friends -- whatever you want to call them -- and I'm honored and delighted, and I love you very much.
And my husband, David, who is always by my side where I could never possibly be here without him. So I love you. Thank you.
And we look forward to a good session. And if you would please rise and welcome them, the 14th District. Thank you.
Thank you, Mr. President.
THE CHAIR:
Thank you, Senator.
Senator Hartley.
SENATOR HARTLEY:
Good afternoon, Mr. President, and happy new year to you. And it is so good to be back and to have an opportunity once again to work with you and to have you preside over this esteemed chamber.
Mr. President, today is a day of ceremony and celebration and very justly so. But -- and perhaps maybe it's appropriate that we're at the end of our comments -- or close to the end of our comments here in the Chamber, because there is one sober, somber note, Mr. President.
Because up in that gallery and out in that hall beyond those -- I don't know if they're velvet ropes or not - - there is an empty spot. And that came about this past August with the passing of a friend to all of us in this chamber, the Upper Chamber and the Lower Chamber, and that was with the death of Thomas Carusello in August of 2010.
He was a lifelong resident of the city of Waterbury, a very proud Waterburyian, hailing from the famous section in Waterbury known as "Town Plot. " He was a highly principled man and he dedicated his life to those things that he believed in. That was his family, the Democratic Party, and the labor movement in the State of Connecticut and in the United States.
He was tenacious, as we all know, and he was intractable in his beliefs, but he was a gracious listener, as we all know. However, he was the ever- effective communicator, and all of us who had a chance to work with him know that so well.
We, at the capitol, know Tom as the political director of the AFL-CIO. For almost two decades, he served in that position. A devoted labor leader, the quintessential labor lobbyist, but the truth be known -- and I think everyone could attest to this -- no matter what side you were on and how -- or what circumstances you were working with Tom, he was just a good guy. He was a good guy. There is no one who would disagree with that.
He was a mentor to many of us, and many would seek his savvy political advice and experience. He was actually the longest-serving Democratic town chair in the City of Waterbury. He founded what was known as "The Valley Voice. " It was a free Waterbury newspaper which he articulately explored -- talked about issues and policy. And he was the host of numerous cable television programs, focusing on policy, government and politics always. Tom loved politics.
He was an IAFF firefighter for many years. It was a job that he really loved, but he gave it up to run for mayor of the City of Waterbury because he thought that he could make a difference. And he left that job to go on to greater things.
To many of us, and to me especially, he was a mentor. He was my town chairman. He was a neighbor of sorts, but most of all, Tom Carusello, like many in this building, was my friend. We are better off for him having been here and worked with us, and we will dearly miss him.
And Mr. President, I would like to, at this moment, yield to the Chairman of the Labor Committee, Senator Edith Prague.
THE CHAIR:
Senator Prague, do you accept the yield?
SENATOR PRAGUE:
Yes. I do, Mr. President.
THE CHAIR:
Please proceed, madam.
SENATOR PRAGUE:
Through you, Mr. President, I want to thank Senator Hartley for acknowledging all the good work that Tom Carusello did -- did here at the capitol, did out there in the real world. He was a presence that none of us will forget. And I thank Senator Hartley for remembering him on this very special day because he was a very special man. Thank you.
THE CHAIR:
Thank you, Senator.
Senator Hartley.
SENATOR HARTLEY:
Mr. President, if I might request a moment of silence, sir?
THE CHAIR:
Would the members and guests please rise and join Senator Hartley and Senator Prague and I in observing a moment of silence in memory of Tom Carusello.
Thank you. Senator Markley, and then Senator Crisco.
SENATOR MARKLEY: ]
Thank you. Thank you, Mr. President.
I rise for a point of personal privilege. It's an unusual honor and pleasure to return to this chamber after fully a quarter century. And I'm humbled by it.
I was here at a time when we had a booming economy and almost embarrassing surpluses in the budget. That's very different -- I don't blame any of you particularly for that, and I don't claim that my presence here would have made any difference in the -- in the 25-year recess I have taken, but we certainly have our work cut out for us at this point.
I, even when I was here 25 years ago, thought we were spending too much money, and I've spent a great deal of time since then opposing spending and tax increases by all kinds of means and outside of politics, outside electoral politics, sometimes in a rather rough-and- ready way.
And to any whom I have offended, especially in this circle over those years, my apologies. I want to be a good colleague to you. I want to work with you to resolve the problems that we have here as a state. I have respect for you and respect especially for this Chamber.
And I'm -- as much as I'm concerned about our expenditures, I happened to see Senator Prague a couple of weeks ago at a hearing and was impressed by her compassion, which I remember from the past and the need that, whatever we do, that we keep in mind those people who are dependent on our state in every decision we make.
I will be serving on Human Services, as I did then, because I believe that there is no part in the state government that is more important to be handled with sensitivity and care for that purpose.
Lincoln said, the occasions -- the occasion is full of difficulty and we must rise with the occasion. And it is my prayer that I may have the strength and the wisdom and the light to serve you and to serve the people of this state as best -- as best I can and as best I can be made to serve.
I'm inspired frequently by the founding fathers who are long gone, but I've also been inspired and I've been helped and led by men that I served with -- and women -- in this chamber. And one of them who was my leader 25 years ago is here with me, Phil Robertson, who was a State Senator from Cheshire and the president of the Senate in 1985 and 1986, a friend, a teacher to me, a support, and a man who has never stopped kicking me in the right direction. And I thank him, and I thank him for coming here today.
I'm also joined by an old friend, two old friends from Senator Slossberg's district, in fact, Peg Moran from Milford, a friend from many campaigns in the past. And to say and old friend -- an old friend, Tom Harkness who served in World War II in the Philippines side-by- side with Douglas MacArthur. I won't call him a hero because he wouldn't call himself a hero, but he's been a dear friend and an inspiration and a -- kind of a family to me for many, many years. And I'm very, very pleased to have him with me here today
And I also want to introduce my good friend and my companion for many years as well, and my inspiration and somebody who has made a better man of me, Jenny Blocksom. Thank you, all very much for being here, and thank you for the honor of rejoining you here in this Chamber.
(Senator Duff in the Chair. )
THE CHAIR:
Thank you, Senator. Welcome.
Senator Crisco.
SENATOR CRISCO:
Thank you, Mr. President.
For a point of personal privilege. THE CHAIR:
Please proceed, sir.
SENATOR CRISCO:
Mr. President, I'm very honored to have what is today the mayor of the City of Derby, Mayor Staffieri accompanied by former President of the Senate, Phil Robertson, and also members of my family who are here today: My wife Pat, who, because of her responsibilities in the town of Woodbridge, could not be here, but she's always with me in spirit; my daughter, Kim Ambrose of Westport; my other daughter, Jennifer Long of Glastonbury; and my son Jason Crisco of West Hartford; my son-in-law, John McCann, of Simsbury and my grandson Trey McCann also, obviously, of Simsbury. We're also joined by a very dear neighbor, Julie Perlman Wyndorf and her sons Elliot and Harry, who are third and first graders, who unfortunately recently lost their father. They're outstanding young individuals, and I wish they were here, that I could introduce you personally to them.
Mr. President, I've been fortunate to be an associate of the circle even before Senator Markley and Senator Robertson, as a staff member. I am aware of the change in the complexity of the issues as compared to 1970 and today in 2010, 2011. The people of Connecticut unfortunately have no idea of the great work that is done in the Circle, whether it's breast- cancer, autism, health care issues, labor issues, government issues.
It's just amazing, and it's just so unfortunate that it's just the nature of the situation. But I look forward to continue to serve with my colleagues. I welcome the new members to the Senate. I welcome joining the former colleagues.
And it's with somewhat heavy heart that we miss six of our colleagues who are -- who have not been able to continue their work with us for one reason or the other.
So Mr. President, and to all the members of the Circle, I thank you for this very honorable privilege, and I look forward to getting things done in the areas of health care. Thank you, Mr. President.
THE CHAIR:
Thank you, Senator.
Senator Musto.
SENATOR MUSTO:
Thank you, Senator.
For a point of personal privilege.
THE CHAIR:
Please proceed, sir.
SENATOR MUSTO:
I just wanted to thank the folks who've supported me and who've come up, especially the members of my family today. I'm so thrilled to be back in the Senate. It was a tough fight this year, and I can't thank the voters of the 22nd District enough for sending me back.
My family is here today. I wanted to introduce my children here: Isabella, my youngest; Evelyn, my middle; and my big girl, Julia Katherine Musto. They are, of course, our motivation for serving, to do the right thing and to do well and do good also.
My family is here: My brother, standing right behind me, Michael; my father, Anthony Musto; my Aunt Mary and my mother, Maryanne Musto, are all here as well to support me, and they've been a great support for me throughout my entire campaign and throughout my entire life.
And of course my courage and my support and my heart, my wife Katherine. I'd like you to give them all a big round of applause.
Thank you, Mr. President. THE CHAIR:
Senator Roraback.
SENATOR RORABACK:
Thank you, Mr. President. Good afternoon.
THE CHAIR:
Good afternoon, sir.
SENATOR RORABACK:
For purposes of an introduction.
THE CHAIR:
Please proceed, sir.
SENATOR RORABACK:
Thank you, Mr. President.
There are, happily, young people in the world who continue to study political science, and I'm delighted to have one of them joining me here today, my nephew, James Dowling-Healey from West Hartford, and I'd like to -- I know my wife Kara is home watching on CT-N -- I hope my hair is appropriate. She'll let me know.
But I'd like to express my gratitude to her and to our son Andrew and to all the people of Northwest Connecticut, who give me the privilege of serving them in this body.
And I'd like the Chamber to welcome my nephew and to tell him to keep studying political science. There's a future in this business.
Thank you, Mr. President.
THE CHAIR:
Senator Gomes.
SENATOR GOMES: Thank you, Mr. President. I rise for a point of personal privilege.
THE CHAIR:
Please proceed, sir.
SENATOR GOMES:
I don't necessarily have anybody that I invited up here to introduce, but I think I'm going to introduce a person that I'm going to count on for the next two years or more, my new aide, Virginia Montero. I wanted everybody to give her a rousing welcome.
THE CHAIR:
Senator McLachlan.
SENATOR McLACHLAN:
Thank you, Mr. President.
I rise for a point of personal privilege.
THE CHAIR:
Please proceed sir.
SENATOR McLACHLAN:
Thank you, Mr. President.
It's indeed an honor to be here for my second term. I'd like to wish the very best of all of the new members of this circle and those that are returning. We'll have many hours together over the coming months, and it is my sincere hope and prayer that we come to speedy resolution of the problems of the State of Connecticut. I hope we'll do that together in a partnership with our new Governor.
I have a dear wife, Alesia, who is home today, unable to join us, but I want to thank her for her encouragement of my public service. I would not be here today without that encouragement that comes from her and her prayers so that I could continue to serve the people of the 24th District.
I have with me today someone pretty special: My junior campaign manager Tiffany Saviano from Danbury. Tiffany attends St. Mary's school in Bethel. Now, Tiffany is ten years old, and it was when I was age ten that I worked on my very first political campaign.
But this was Tiffany's second political campaign because she worked on my campaign back in 2008, so she actually has beaten me in her early start in a political career, I hope, a successful one in the future. Please join me in welcoming Tiffany Saviano and her mother, Christina.
THE CHAIR:
Senator Coleman.
SENATOR COLEMAN:
Thank you, Mr. President.
For a point of personal privilege.
THE CHAIR:
Please proceed, sir.
SENATOR COLEMAN:
Thank you, sir.
Mr. President, I'd also like to congratulate all of the members who were elected and a special congratulations to the new members who are joining the Circle.
Also, I want to extend my congratulations to the leadership of the Senate and to all of the families who supported the Senators of this circle. I also want to introduce -- take just a moment to introduce some people who are very special to me.
First, a good friend and neighbor and a person with whom, as we both grow older, we tend to agree more and more, and that is Bennett Millstein, who's a former town chair of the Town of Bloomfield. Additionally, a neighbor and lawyer colleague, Attorney Shawn Council, has been a supporter of mine for many years. She's present here behind me.
And an extremely good friend, a former first lady of the City of Hartford, a very avid supporter of mine throughout the years, she served as my legislative aide for a brief period of time, Brenda Milner. Brenda, certainly, is no stranger to the halls of the capitol. My new aide, recent aide, is Jamar Smith. I thank him for his service.
And I had one other friend, Monique Biggs -- she is -- oh, here she is. Here's Monique -- a dynamic young lady and also a supporter of mine throughout the years.
And finally, I want to introduce to many members of the circle my absolutely best friend, my darling wife. She's always there, always has been there, hopefully, always will be there, and that's Pamela Coleman, who's sitting to my right.
And yes, she is my wife, not my daughter.
Thank you, Mr. President.
THE CHAIR:
Thank you, Senator. Welcome. Thank you.
Senator Bye.
SENATOR BYE:
Thank you, Mr. President.
For purposes of report from the Canvass Committee.
THE CHAIR:
Please proceed.
SENATOR BYE: The Canvass Committee met, and I'm happy to report that all members are properly seated in the Senate.
THE CHAIR:
Thank you, Senator.
SENATOR BYE:
Also for a point of personal privilege.
THE CHAIR:
Please proceed, madam.
SENATOR BYE:
Thank you, Mr. President.
First of all, I want to thank the members of this Circle. I have been so welcomed by you all as a new member in so many ways, and I appreciate your support through the campaign and since. So thank you very much.
I want to recognize two former members of the Circle who are here right now, who sat in this seat and have been so incredibly supportive of me from when I first ran for the board of education, through my State Representative race and now and have been incredible guides and colleagues, that is former lieutenant governor, Kevin Sullivan.
And you're all going to miss him and I'm going to miss him even more, the former resident of this seat Senator Jonathan Harris.
I also want to really thank the residents of the 5th Senatorial District, those who voted for me and those who didn't. I promise to do my best to serve you.
And I couldn't be here without campaign support I got from Matt Wilson, Sam Lavore and Kyle Thomas, my very able campaign staff.
I have a lot of family here. I'm going to try to abbreviate it and, you know, this is part of it. First of all, I want to thank my parents. My mother is not with us anymore, but she loved this stuff and would love being here today. And also my father, Wade, who is here. He had to go, but he's always been supportive of us, whatever we wanted to do.
I have five sisters and one brother, many of whom are here, 25 nieces and nephews, about half of whom are here. I'm sorry. I can't name you by name. Tracey's family, Michael and Cindy and Harrah and Sarah who are here, and I really appreciate you all coming.
I think if I can get to the primary support for me, my reason for running for office originally was my daughter, Brittany, was at a school and I was concerned about what was happening with that school. And that's why I ran for school board, and so many of us get involved for those reasons. And I want to thank Brittany and also Caroline. Because of you, I think it makes me want to make this world a better place on behalf of you and other children.
Also Peter and Adam. Peter is away in Chicago, but Adam is here, Tracey's son.
And my mentee from church, Scott Wheeler, you've been so patient. He picked me as a mentor this year, and he's had to survive eight four-hours so far in the Senate Chamber.
Many of you mentioned what a great state this is, and I think it's such an amazing state, and that's why I can introduce my wife Tracey Wilson as someone I'm married to.
Tracey -- Tracey, I would never be here without you. When I was first debating running for board of ed, you encouraged me and ever since. And not just for supporting me, but for the 110 students she teaches American government, U. S. history, human rights and African-American history, too. Every day you're making this country a better place, and I have so much respect for you and your work, but thank you for all you've done for me. So I'll end with her.
And thank you all for indulging me the time, and thank you, Mr. President. THE CHAIR:
Thank you, Senator.
Are there any other points of personal privilege or introductions? Any other points of personal privilege or introductions?
Seeing none, Senator Doyle.
SENATOR DOYLE:
Thank you. Thank you, Mr. President.
I would move a resolution raising a committee to inform the house that the Senate is organized and ready to meet in joint convention.
THE CHAIR:
Mr. Clerk.
THE CLERK:
The Clerk is in possession of Senate Resolution Number 7, LCO 185, RESOLUTION RAISING A COMMITTEE TO INFORM THE HOUSE THAT THE SENATE IS ORGANIZED AND READY TO MEET IN JOINT CONVENTION, introduced by Senator Looney of the 11th District.
THE CHAIR:
Senator Doyle.
SENATOR DOYLE:
Yes. I move adoption of the amendment -- the resolution.
THE CHAIR:
On adoption, any discussion?
Seeing no discussion, all those in favor, please signify by saying, aye.
SENATORS: Aye.
THE CHAIR:
Opposed, nay.
The ayes have it. The resolution is adopted.
The committee will consist of Senator Crisco, Senator Harp and Senator Kissel.
Senator Doyle.
SENATOR DOYLE:
Thank you, Mr. President.
Are there any other points of personal privilege or announcements?
Seeing none, the Senate is hereby adjourned subject to the Call of the Chair.
THE CHAIR:
The Senate will reconvene at 3: 30 in Joint Convention downstairs in the hall of the House. We are adjourned -- we are subject to the call of the chair.
On motion of Senator Doyle of the 9th, the Senate, at 12: 20 p. m. , adjourned subject to the call of the chair. TOP THE CONNECTICUT GENERAL ASSEMBLY
SENATE
April 20, 2011
The Senate was called to order at 12: 04 p. m. , in accordance with the provisions of Senate Rule 9(b) and under the authority of the President Pro Tempore and the Senator Minority Leader.
THE CHAIR:
The Senate will please come to order. Please give your attention to Acting Chaplain Renee J. Simmons of Bloomfield, Connecticut.
ACTING CHAPLAIN RENEE J. SIMMONS:
Lord, help us to be honest and true in all that we say and all that we do; give us the courage to do what is right, to bring to the world a glimpse of Your light. Amen.
THE CHAIR:
Pursuant to Senate Rule 9(b), the Senate is called into Session by the Office of the Senate Clerk under the authority of the President Pro Tempore and Senate Minority Leader.
It is hereby moved that Senate Agenda Number 1, dated Wednesday, April 20, 2011, is adopted, the items on said Agenda shall be acted upon as indicated, and that the Agenda shall be incorporated into the Senate Journal and Senate Transcript.
SENATE AGENDA NUMBER 1 (1) COMMUNICATION FROM THE GOVERNOR
(A) EXECUTIVE AND LEGISLATIVE NOMINATIONS – to be referred to Joint Committee(s)
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY: Pursuant to Sections 4-1 and 12-557d of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint RICHARD P. ANTONETTI, from Watertown, to be a member of the Gaming Policy Board, to serve a term ending June 30, 2015, or until a successor is appointed and has qualified, whichever is longer.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1 and 31-280a of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint MICHAEL S. DIMENSTEIN, from Woodbridge, to be a member of the Workers' Compensation Commission, as a representative of employers, to serve a term ending December 31, 2015, or until a successor is appointed and has qualified, whichever is longer, in succession to Liza Casey.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1a and 12-802(b) of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint FRANK A. FARRICKER, from Cos Cob, to be a member of the Board of Directors of the Connecticut Lottery Corporation to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer, in succession to John Paul, who resigned.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1 and 51-51k of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint CLARENCE R. GREBEY, III, from Stamford, to be a member of the Judicial Review Council, as a public member, to serve a term ending November 30, 2014, or until a successor is appointed and has qualified, whichever is longer, in succession to Joe Townsley.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1a and 20-8a of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint RABBI DOV GREER, from New Haven, to be a member of the Connecticut Medical Examining Board, as a public member, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer, in succession to Regina Stankaitis.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-a and 12-802(b) of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint MARGARET L. MORTON, from Middletown, to be a member of the Board of Directors of the Connecticut Lottery Corporation, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1 and 51-51k of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint KENNETH H. NEAL, JR. , from New Fairfield, to be a member of the Judicial Review Council, as a public member, to serve a term ending November 30, 2014, or until a successor is appointed and has qualified, whichever is longer, in succession to Sharon B. Murray.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY: Pursuant to Sections 4-1a and 20-8a of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint DANIEL RISSI, M. D. , from Waterford, to be a member of the Workers' Connecticut Medical Examining Board, as a full-time chief of staff of a general-care hospital in the state, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer, in succession to Steven D. Hanks, MD.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1 and 46a-52 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint M. ANGELA ROLA, from Willington, to be a member of the Commission on Human Rights and Opportunities to serve a term ending July 14, 2013, or until a successor is appointed and has qualified, whichever is longer, in succession to Alexia Cruz, who resigned.
April 20, 2011
TO THE HONORABLE GENERAL ASSEMBLY:
Pursuant to Sections 4-1a and 10a-179 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint BARBARA RUBIN, from Glastonbury, to be Chair of the Connecticut Health and Educational Facilities Authority, as a Chair, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer.
(2) SENATE BILL(S) FAVORABLY REPORTED – to be tabled for the calendar and printing. FINANCE, REVENUE AND BONDING COMMITTEE
SUBST. SB NO. 1215 AN ACT CONCERNING CERTAIN CIGARETTE TAX VIOLATIONS AND OTHER CHANGES. FINANCE, REVENUE AND BONDING COMMITTEE SUBST. SB NO. 1218 AN ACT CONCERNING THE DENIAL OF CERTAIN LICENSE APPLICATIONS WHEN STATE TAXES ARE OWING AND VARIOUS CHANGES TO TITLE 12. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SB NO. 38 AN ACT CONCERNING THE FREEDOM OF INFORMATION ACT AND DIVISION OF PUBLIC DEFENDER SERVICES. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 880 AN ACT CONCERNING GUIDELINES FOR THE DEPARTMENT OF EDUCATION FOR THE CHARGING OF FEES FOR CERTAIN RECORDS. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 882 AN ACT CONCERNING THE STATE SET- ASIDE PROGRAM, FILING REQUIREMENTS OF STATE CONTRACTORS, AND EVALUATION OF CONTRACTORS AND SUBCONTRACTORS. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 939 AN ACT CONCERNING REVISIONS TO ELECTIONS RELATED STATUTES. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 1190 AN ACT REQUIRING THE COMMISSIONERS OF THE PUBLIC UTILITIES CONTROL AUTHORITY TO FILE STATEMENTS OF FINANCIAL INTERESTS WITH THE OFFICE OF STATE ETHICS. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 1196 AN ACT CONCERNING THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND. GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE
SUBST. SB NO. 1197 AN ACT ESTABLISHING A LEGISLATIVE CODE OF CONDUCT AND HOUSE OF REPRESENTATIVES AND SENATE BIPARTISAN COMMITTEES ON ETHICS. JUDICIARY COMMITTEE SUBST. SB NO. 951 AN ACT CONCERNING THE APPOINTMENT OF A GUARDIAN AD LITEM FOR A PERSON WHO IS SUBJECT TO A CONSERVATORSHIP PROCEEDING OR A PROCEEDING CONCERNING ADMINISTRATION OF TREATMENT FOR A PSYCHIATRIC DISABILITY. JUDICIARY COMMITTEE
SB NO. 1015 AN ACT CONCERNING THE PALLIATIVE USE OF MARIJUANA. JUDICIARY COMMITTEE
SUBST. SB NO. 1108 AN ACT CONCERNING SENIOR SAFETY ZONES. JUDICIARY COMMITTEE
SB NO. 1148 AN ACT ESTABLISHING A CIVIL ACTION WITH RESPECT TO CRIMINAL RECORDS USED IN EMPLOYMENT DECISIONS. JUDICIARY COMMITTEE
SUBST. SB NO. 1185 AN ACT CONCERNING STATE PAYMENTS TO NURSING HOMES AND THE DUTIES OF NURSING HOME RECEIVERS.
(3) SENATE RESOLUTION(S) FAVORABLY REPORTED – to be tabled for calendar. APPROPRIATIONS COMMITTEE
SR NO. 21 RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF CONNECTICUT AND THE CONNECTICUT STATE EMPLOYEES ASSOCIATION (NP-8 BARGAINING UNIT).
(4) MATTERS RETURNED FROM COMMITTEE – to be tabled for the calendar.
NEW FILE
ENVIRONMENT COMMITTEE SUBST. SB NO. 866 AN ACT ESTABLISHING A REAL ESTATE BUYER'S TAX FOR THE PURPOSE OF FUNDING OPEN SPACE PURCHASES AND OTHER PROJECTS BY MUNICIPALITIES. (5) MATTER(S) RETURNED FROM COMMITTEE – to be tabled for the calendar.
NO NEW FILE ENVIRONMENT COMMITTEE
SB NO. 499 AN ACT CONCERNING FUNDING FOR WASTEWATER TREATMENT FACILITIES. HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT COMMITTEE
SUBST. SB NO. 1026 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING A PUBLIC AGENDA FOR HIGHER EDUCATION. HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT COMMITTEE
SB NO. 1171 AN ACT ESTABLISHING A HIGHER EDUCATION TECHNOLOGY TRANSFER POLICY BOARD. LABOR AND PUBLIC EMPLOYEES COMMITTEE
SUBST. SB NO. 1003 AN ACT CONCERNING THE CONNECTICUT AIRPORT AUTHORITY. PLANNING AND DEVELOPMENT COMMITTEE
SUBST. SB NO. 1 AN ACT CONCERNING CONNECTICUT'S ENERGY FUTURE. PLANNING AND DEVELOPMENT COMMITTEE
SUBST. SB NO. 706 AN ACT CONCERNING MUNICIPAL AUTOMATED TRAFFIC CONTROL SAFETY DEVICES AT CERTAIN INTERSECTIONS. PLANNING AND DEVELOPMENT COMMITTEE
SUBST. SB NO. 963 AN ACT CONCERNING LIABILITY FOR DAMAGE CAUSED BY A DOG. COMMERCE COMMITTEE SB NO. 1091 AN ACT CONCERNING CONNECTICUT'S MANUFACTURING AND TECHNOLOGY WORKFORCE.
PLANNING AND DEVELOPMENT COMMITTEE
SUBST. SB NO. 1045 AN ACT PROVIDING HOMELESS YOUTHS AND EMANCIPATED MINORS ACCESS TO BIRTH CERTIFICATES. PUBLIC HEALTH COMMITTEE
SUBST. SB NO. 959 AN ACT CONCERNING THE TRANSITION OF YOUTH FROM THE DEPARTMENT OF CHILDREN AND FAMILIES TO THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES. PUBLIC HEALTH COMMITTEE
SUBST. SB NO. 1039 AN ACT CONCERNING EDUCATION ISSUES.
With no further business remaining on the Clerk's desk, the Senate stands adjourned.
The Senate, at 12: 07 p. m. , adjourned under the provisions of Senate Rule 9(b) subject to the call of the chair. TOP 1 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M
CHAIRMEN: Senator Coleman Representative Fox
MEMBERS PRESENT: SENATORS: Bye, Doyle, Gerratana, Gomes, Kissel, McLachlan, Meyer, Roraback, Welch
REPRESENTATIVES: Adinolfi, Albis, Baram, Berger, Carpino, Clemons, Dillon, Flexer, Fritz, Godfrey, Hetherington, Holder-Winfield, Godfrey, Gonzalez, Grogins, Hamm, Hewett, Hovey, Klarides, Labriola, Morris, Olson, O'Neill, Roldan, Rowe, Sampson, Serra, Shaban, Simanski, Smith, Taborsak, Tong, Verrengia, Walker, E. Wright
REP. FOX: Welcome to the Judiciary Committee's public hearing this morning. We will convene the public hearing this morning. We are going to hear judicial nominations that are up for reappointment.
Senator Kissel, is Representative Hetherington on his way, or have you heard?
Okay. You want us to get going?
SENATOR KISSEL: (Inaudible).
REP. FOX: Yeah. It is snowing down there]. Yeah. Okay. No. We should just keep going, I think. Right? Okay.
We will just -- we will then convene the meeting. And we're going to start with the Honorable Alexandra D. Dipentima, of South Kent, to be a 2 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. judge of the appellate court.
Good morning, your honor. Our process is to begin by swearing you in and then we allow you to read an opening statement.
So do you swear that the testimony you're about to give before this committee will be the truth, the whole truth and nothing but the truth? THE HON. ALEXANDRA D. DIPENTIMA: I do.
REP. FOX: Thank you.
And if you have an opening statement.
THE HON. ALEXANDRA D. DIPENTIMA: (Inaudible).
REP. FOX: Is your microphone on? You hit the -- if you hit the red button.
Now it's on.
THE HON. ALEXANDRA D. DIPENTIMA: Good morning.
Representative Fox, Senator Coleman, members of the Judiciary Committee, it is an honor to appear before you today and I want to thank you for that opportunity. I also would like to thank Governor Malloy for nominating me.
I just would remind you of my background. I have lived in Connecticut most of my life. I was born and raised in Kent, Connecticut and lived in Hartford, Connecticut for a few years and now I have returned to Kent.
I practiced law for 13 years before becoming a trial court judge, and that was with the firm of Mueller, Horton and Fienberg; although I started my law career would Connecticut Legal Services in Willimantic, Connecticut.
3 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. During my years as a lawyer, I was a litigator and an appellate advocate and Governor Weicker nominated me to the trial bench in November of 1993. During my experience as a trial judge, which encompassed about ten years, I sat in the GA in Waterbury, housing court in Hartford, sat in Meriden on administrative appeals. In the last five years of my years of the trial bench, I was in Litchfield and was the administrative judge in Litchfield. So I essentially have sat as a trial judge in all the areas of our general jurisdiction trial courts. During that time, I served on the rules committee, judicial education committee and I was the president of the Connecticut Judges Association.
In 2003, Governor Rowland nominated me to the appellate court and the Legislature was kind enough to improve me. And from that time today, I've been sitting on the appellate court. And last March of 2010, the Chief Justice designated me as the chief judge of the appellate court.
I just would note at this point] that I have learned the difference between an appellate court judge and a trial court judge over those seven years on the appellate court because as an appellate court judge you don't decide by yourself the way a trial court judge. You have to collaborate with your other panel members. And I think that's an interesting process -- learning process that I think I've reached, but we all continue to learn.
At any rate, since I've been on the -- since I've been the chief judge of the appellate court, I've been made quite aware of the important function of the appellate court. This is a court that disposes of 1100 cases during the court year, that's September to July; 520 written opinions are issued by our court during that time. As you know, this is the intermediate court that is 4 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. essentially to correct errors of the trial court, but we also address and prepare cases for Supreme Court review.
One of the things that we have done in this last year is we've -- under the chief justice's creation of a committee to expedite job protection appeals. Those are the appeals where we are concerned with having children get permanency as soon as possible and I chair that committee now. We've worked on some changes internally and we are also considering some changes.
The other thing I just want to draw to your attention in terms of the appellate court is that we do go on the road several times a year, go to high schools and colleges and actually have sessions there]. And we feel this is an important outreach and educational program for the public.
Finally, I would mention that in 2007 the Chief Justice appointed me to chair the Public Service and Trust Commission, which was charged with the creation of a strategic plan to lead the branch over the next five years and I could go into more detail about that, but people's eyes start to glaze over when I talk about that. But I can assure you that I continue to be very involved in that and very proud of the progress we've made. We are now in the third phase of implementation improving the efficiency and addressing our changing environment.
I would just close by saying that one of the things I've learned during my 17 years on the bench is that I think as a judge we do a lot to administered justice off the bench as well as on.
I want to thank you all for your attention and ask you to consider allowing me to continue to 5 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. serve the people of Connecticut for another eight years. Thank you.
REP. FOX: Thank you, your Honor.
Are there any questions from members of the committee?
Senator Kissel.
SENATOR KISSEL: Judge Dipentima, thank you for coming this morning. Great to see you.
THE HON. ALEXANDRA D. DIPENTIMA: Good morning.
SENATOR KISSEL: Congratulation on your 17 years of service. How is the recession affecting the appellate court?
One way or another as far as resources or the kinds of cases coming before you, you're in a certain vantage point] that we -- we're not in and I'm wondering if you could afford us perhaps some insight as to things that might need our attention.
THE HON. ALEXANDRA D. DIPENTIMA: I guess the most immediate thing that comes to mind is the number of -- the increase in self-represented litigants at the appellate court, which is something that is not been a usual occurrence. So we've seen more litigants representing themselves at the appellate court which makes it more difficult, frankly, at times for us to address the issues that need to be addressed simply because the expertise of the lawyer is really helpful at that level.
I certainly haven't seen any decline in cases. In fact, we're putting out more cases now as of this time versus last year and the year before and the year before. We're putting out more 6 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. cases, so I guess, one, more self-represented litigants, two, no decline in cases.
SENATOR KISSEL: And I believe that the judicial branch has a survey where they are asking members of the bar regarding law libraries -- I think that survey is open until about the end of the month. I'm just wondering about your judicial resources. How are they faring?
And I know that, you know, we are all going to listen to Governor Malloy and it's going to be shared sacrifice and my guess is that shared sacrifice will be amongst the branches as well as amongst various folks in Connecticut.
And I'm just wondering, is there anything in particular that you might be concerned with, especially given your position as the chief judge?
THE HON. ALEXANDRA D. DIPENTIMA: Well, I'm certainly concerned with our being able to continue to have access to updated legal research and that has been -- is that certainly is on the table in terms of how we can cut our budget, is look at our libraries.
What is there in our law library that we can do without that would save considerable money? But on the other hand, we absolutely need the up to date sources for us to make our decisions.
But nothing -- as far as I know, Senator Kissel, nothing has been decided about the -- what exactly will be cut back.
SENATOR KISSEL: And my last question is at the risk of having our eyes glaze over I would like to know what progress is made on the Public Trust Commission. And it's been going for it for a couple of years. I know we have to balance 7 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. access by the public, transparency, maybe filming some of the court cases.
THE HON. ALEXANDRA D. DIPENTIMA: Yes.
SENATOR KISSEL: And at the same time, there is security issues and other things moving forward. And so if you could maybe in a few minutes sort of encapsulate how far we've come because you put a lot of effort into that.
Just to sort of gloss over it, doesn't do him justice. And again, I think that chief justice, Justice Rogers and the judicial branch have a lot to be proud of and we, as a state, have a lot to be proud of in moving in this direction. And so don't hesitate to trumpet some of the accomplishments that we've already achieved and maybe where we're going as a state going forward.
THE HON. ALEXANDRA D. DIPENTIMA: Well, you're right. We've got a lot of information in the year 2007/2008 in order to come up with a plan that had essentially five goals that we would work for and specific strategies towards those goals.
The important thing about the way we developed the plan in the way we're continuing to implement it is that we're not just saying, well, this is what the brains at the judicial branch say. We're listening to the bar. We're listening to other groups to say, where's the problem? What can we do?
And so what we've done so far towards increasing access to the courts, we've done simple things which are, in my mind, just as noteworthy, whether it's making sure the website gives the right directions. It's whether we're consistent in the way we put signs up in the courthouse. We're offering -- and one of the things we really focused on was the ADA compliance to make sure 8 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. that those who need assistance to get into our courthouses can.
Delivery of services, we've addressed uniformity issues. The jury -- some of our jury issues have come up with making our summoning of jurors more efficient so we don't have folks who have to change their work schedules and take vacation days and then lo and behold get a call the day before, we don't need you after all.
So Judge Lager has done a great deal on the jury committee. We have -- we have also the alternative to court appearances committee, which developed video conferencing which is now being used in a number of areas, including my court, so that there isn't the cost of bringing inmates and security issues and that sort of thing.
Accountability was one of the other goals that we are -- we are an accountable branch. We maintain our independence as judges and in that -- in that area we have looked at performance evaluations, which is a very difficult area, but we've already set up pilot programs to evaluate judges in high-volume courts.
We have a Limited English Proficiency Committee that's done a lot of work with forms and getting a telephone line for easy translation. A lot of things -- and you can see them on the website, but what I think is particularly noteworthy is that we're -- under our strategic plan, we are keeping track of all these things and we're measuring the progress that we've made towards assisting those with limited English proficiency. We also have a group helping self-represented litigants and not just for the self-represented litigants, but for our whole process to make everyone involved in the case make sure that justice is done because lawyers who are facing self-represented litigants could face all sorts 9 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. of difficulties too.
So that's very brief.
SENATOR KISSEL: I really appreciate that. I think those are great strides. Those are all beneficial to the folks here in the State of Connecticut. I know some of the advents of new technology, for example, with my bank you can call in, easy banker, one of the first questions is, you know,] English or Spanish-language proficiency in that you're directed down a certain path and that's very helpful.
I know that there's some advocacy groups. One in particular I learned about very recently from the city of New Haven wanted to make sure that there was adequate information for Spanish-speaking citizens regarding their children's progress within the school system. Allowing -- trying to create an environment where a pro se litigant doesn't feel completely lost; helps with the efficient administration of justice across the board.
And certainly back when I spent more time in the GAs as much as the pro ses felt very strongly about their cases, quite often a lot of it is just trying to find, where's the right spot to go? And what are the right forms?
And so I appreciate all your efforts in that regard and please, I would encourage you to keep us apprised as to your progress. And Judge Dipentima, thank you for your public service.
THE HON. ALEXANDRA D. DIPENTIMA: Thank you, Senator Kissel.
SENATOR COLEMAN: Thank you, senator. Are there other members with questions?
10 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. Seeing none, thank you very much, your Honor, for your testimony this morning.
THE HON. ALEXANDRA D. DIPENTIMA: Thank you, Senator Coleman. Thank you.
SENATOR COLEMAN: I believe that we've agreed that we'll take the state referees next and that being the case, first under that category is the honorable Herbert Barall of East Hartford. Good morning, your honor.
THE HON. HERBERT BARALL: Good morning.
SENATOR COLEMAN: And if you would raise your right hand for me. Do you solemnly swear or affirm that the testimony you're about to provide will be determined, the whole truth and nothing but the truth?
THE HON. HERBERT BARALL: I do.
SENATOR COLEMAN: Please be seated. And if you would like to make an opening statement, this would be the opportunity to present that to the committee.
THE HON. HERBERT BARALL: Thank you. First of all, I'd like to thank the committee for seeing me so early in the day. Number two, to thank the Governor for his renomination.
I've been made judge almost 32 years and I primarily served in Hartford, which is unusual. So for those on the committee from other areas, let me give you a little bit of a background.
I actually was appointed by Ella Grasso in 1979 and I've been reappointed by most every other governor since then and has been before this committee probably -- this is the fifth time. I graduated law school in 1956. I was a JAG officer for two years and I was in private 11 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. practice in East Hartford for a number of years.
Since being on the bench, my initial assignment was to -- other than Hartford, it was in Norwich, Connecticut. That I was asked to come into Hartford 1980 to '81 I was presiding judge in about a year after I was appointed in GA 14. And then in 1984 to 1985, I was presiding judge of civil in Hartford. In 1986, I was presiding judge of criminal in Hartford. And from 1987 to probably to today, until I retire I'm primarily presiding judge of family and Hartford and it was also, in 1988 to 1990 chief administrative judge for juvenile court, which essentially means I've been around.
The -- currently, as a judge trial referee, I'm still in family. I do about 70 to 75 percent contested cases hearings, about 20 to 25 percent mediation and about 5 percent to 10 percent uncontested cases. The volume is big and huge and continues to be that.
It's interesting because I've been married 58 years to be in divorce court all this time. But sometimes the fact that I am, is to some degree helpful to the party. The biggest issues today are the number of unrepresented or people representing themselves and how to deal with them appropriately.
Move the business, essentially as the presiding judge in the past my job has been to move the business. And it's interesting because the first time that that happen to me was actually just before -- (inaudible) went on the bench I got a call from Justice Speazialle, and he said to me, Herbert, you did me a favor (inaudible) or not. And that's what I wound up at GA 14. And essentially the rationale for it -- or his rationale was they were very behind in the docket and he would give me (inaudible)] the judges. 12 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. (inaudible) have experience in the field and he gave me a year to move the business and we did. So that's my general background in terms of education.
As I said, I'm from East Hartford. I've been there since I was ten years old. And I still live in East Hartford in the same house for 45 years. And I continue to work on the bench and I enjoy it.
SENATOR COLEMAN: Thank you, Judge. Are there questions for Judge Barall?
Senator Kissel.
SENATOR KISSEL: Thank you, Chairman Coleman.
Judge Barall, great to see you.
THE HON. HERBERT BARALL: Good to see you.
SENATOR KISSEL: Talking to my friend and former colleague in the Senate, Senator Freedman and she said, John, you're getting old when we were talking about how old my oldest son is because I'm sure she recalls when he was first born. And so he's 15 now and we've known each other for years and certainly your repetition regarding family matters and juvenile matters is preeminent. I'm going to ask most -- just so everybody knows, my first question is for nearly everyone, and if you want to blame anybody, Judge Upson when he was ranking member here and I served with him said, every judge should get at least one question so I just want to let everybody know that right now.
But the economy, above and beyond the pro se litigants, the cases that you're seeing, this is a deep and difficult recession and how has that perhaps impacted some of the cases you're seeing? 13 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. And are there some societal trends were things that you're seeing that we should be informed of that we may not have ample ability to proceed from our position here in the Legislature?
THE HON. HERBERT BARALL: Well, first of all, obviously there are people who have lost their jobs and they are in the middle of a divorce and for example I had one just recently. His $300,000 income down to zip. And so how do you deal with it in terms of any perspective order? And that's one aspect. The other thing I think people are angrier than ever. And so you have to deal with the emotions in that context. How do you deal with people that are very angry at each other in order to essentially destroy the other one? And how does that impact their your children?
Sometimes I feel like I'm giving a lecture on how to live in court by telling them that they have to somehow despite the problems of divorce that they still have to deal with each other in connection with their children. And that they're going to destroy their children in that context. That I think has been one of the aspects, the important aspects of what we see more in court, is people angrier than before.
They've always been angry people, but I mean it's more there].
SENATOR KISSEL: Well, I didn't do a lot of family work, but I remember one of the ones I did, I mean, it all came down to the garden hose and the family album, believe it or not. And it was because the garden hose was a gift from somebody's side of family and it wasn't going to go to the other side of the family and obviously the photo album.
But what concerns me is we think we're making 14 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. progress as a society. Do you have any understanding as to why -- I understand these family matters are contentious no matter what, but why, here in 2011, are those angrier than you've ever seen before because you've had a long and storied career? And that concerns me.
And I don't know if it's going from $300,000 worth of income to zero is really putting an edge on everything, or are there other things going on in our society or our state that are causing people to become angrier in these processes?
THE HON. HERBERT BARALL: My gut is that there's a different way to look at life and the current atmosphere than when I was a kid.
So for example, I explain to people that my parents occasionally would disagree, but there was never an argument in front of the children. We knew that just intuitively. Now people yell and scream at each other. Probably, one of the issues is, in society in general, I'm not quite sure it's totally true to the economy, is how people treat each other. And I'm not quite sure of what the total solution of that is.
I do, in addition to judging, I go into the high school, just so everybody understands that -- about eight years ago my wife and I formed a 501(c)(3) corporation to bring dance into the high school. I know it sounds crazy for a judge to do that, but my wife and I were competitive dancers and we have a consortium of four school systems, East Hartford, Glastonbury, Simsbury and New Britain, which is interesting because there was a -- those are four different economic groups. We have rich kids and we have not so rich kids, but we have poor kids actually. And they get along very well because they have a common interest.
15 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. THE HON. HERBERT BARALL: But I see family life that is different than when I was a kid and I'm not quite sure of the total cause of that but could -- impacts the family court. The differential is how do people treat each other and how do they function?
And we do have people that go through a divorce process that are very good? You know, I would say 10 percent at least -- about 10 percent are atrocious and somewhere in the middle is the malice and the issue of how do we deal with it? And I think that's what confronts every judge that sits in family.
SENATOR KISSEL: Well, I appreciate your candor and your insights regarding this. Some folks may feel that, you know, why are we discussing that here regarding your reconfirmation process? But I look at this as an opportunity to try to learn as much as we can about the state of Connecticut and what's going on and what you see.
And my concern is that if we continue to let these issues sort of go along second halves of their own coalition, then we end up in spots in our state where we don't want to be. And then all of a sudden we're creating programs and we are spending lots of the to try to remedy situations where with a little forethought and a little effort in the first instance, perhaps we could have done something.
And by the way, I want to thank you and your wife for making those contributions to those four different communities. I'm sure it makes a big difference.
The last question I have for you, Judge Barall, is you said moving business and moving business is important within the judicial branch, but have always been, not concerned, but interested in how 16 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. is that balance drawn between you walk in, you have a courtroom filled with individuals, some pro se, some represented by counsel and your orders from your branch are, you've got to move the business. We're behind. We've got a backlog. And how do you balance that with making sure that justice is achieved so that when you're throwing on your coat at the end of the day that you feel it was a good, happy balance?
THE HON. HERBERT BARALL: Well, first of all I think that moving business is not necessarily destructive to the people. I look at people, for example, in family court. If they had to wait a year and a half to two years for a divorce, it's terrible for them.
So the issue is moving, not just moving the business, but moving it so that the people get through to the next aspect of their lives. So there is a component of, not just moving cases out to just move them out, but also to make sure that people feel better about it.
So for example, I -- when I hear a case, it's never -- the longest I've ever taken to deciding cases a month because I think people are entitled to hear what you're going to decide as soon as possible because they are under the stress of that (inaudible) what's going to happen to me.
And when I say in months, one of the cases I cited] in the material that you -- took me -- there was a case that I heard over a period of 10 months, 20 days over a period of 10 months and involve a lot of financial components and I got that out in a month, but I had to do -- read 3,000 pages of transcript in order to do it effectively.
So there is a component that moving the business is not just moving it for our sake, but people 17 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. want to get it heard and over with. So there is that component. And that's what I refer to as moving business, as not just moving people aside. It's moving (inaudible)].
SENATOR KISSEL: Thank you very much for that clarification and not -- again, that I was overly concerned, but I think that's a good point] to underline. That most folks when they encountered the judicial branch it's something that they'd rather not be doing. Very few people are in court because that's where they want to be. And that process can be ameliorated by folks understanding that and I think the notion that, especially in some of these painful matters, that closure necessitates the affective disposition of matters is a good one.
Thank you for your many, many years of service and wish with the very best going forward, your Honor.
THE HON. HERBERT BARALL: Thank you.
SENATOR COLEMAN: Are questions from other members for Judge Barall?
Representative Gonzalez.
REP. GONZALEZ: Thank you.
Good morning, Judge.
THE HON. HERBERT BARALL: Good morning.
REP. GONZALEZ: How you doing?
THE HON. HERBERT BARALL: Good.
REP. GONZALEZ: I got a question for you here and complaints against you before Judicial Review Council. 18 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
You have a few and number 7 -- in 2007 you have one that said it was not investigated by the council. And complaint was signed there] by the statute of limitation (inaudible) is that that it was complained that they didn't investigate the complaint and then they wait to the last minute? Can you explain that?
THE HON. HERBERT BARALL: There is either a statute or regulation -- I'm not even quite sure myself -- that if there's a complaint must be filed within a certain period of time. That's the Judicial Review Council. It has nothing to do with me.
REP. GONZALEZ: Right.
THE HON. HERBERT BARALL: So it's usually a year, as I understand it, and the person who complained in that (inaudible)] well over a year. So very candidly I didn't even know -- I think there were six complaints (inaudible) almost all of them -- all of them were divorce court. Most of them were people who said they didn't like my decisions after about, probably around 1500, 2,000 decisions, six complaints (inaudible), but] the -- that particular one was not my rule. It's the rule of the -- that was set that you must complain within a certain period of time. I can tell you if you want anything further about the complaint (inaudible).
REP. GONZALEZ: No. I just want to know. I did -- my question was because I really want to know how the council review, you know (inaudible) is not that --
THE HON. HERBERT BARALL: As I understand it (inaudible)].
REP. GONZALEZ: No. It's okay. I got what I was looking for. 19 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
And my second question is are you still dancing?
THE HON. HERBERT BARALL: Yes. More than ever. Just the fun part -- I just did a show with my wife -- not my wife (inaudible) last September for the Manchester (inaudible)] dancers.
REP. GONZALEZ: Congratulations. Thank you.
THE HON. HERBERT BARALL: Thank you.
SENATOR COLEMAN: Are there other questions?
Seeing none, Judge, I just want to comment that you and I go back a number of years. As a matter of fact to G14 when you representing judge and feel very fondly about that experience because it gave me an opportunity to meet you and people like Judge Mulcahy and Judge Wagner. Those were good years for me.
THE HON. HERBERT BARALL: Thank you.
SENATOR COLEMAN: So it's good to see you here as well as some of the others and one of the things I admire -- I admire many things about your career, but also I'm glad you brought it up because I admire the time that you're able to find to spend in the community working with young people. And I guess we'll be looking for you on Dancing with the Stars.
THE HON. HERBERT BARALL: You nominate me, I'll go.
SENATOR COLEMAN: Okay. Thank you, Judge.
THE HON. HERBERT BARALL: Thank you.
REP. FOX: Next we have the Honorable Samuel S. Freedman of Westport. And good morning, your Honor. If I could just swear you in quickly. 20 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
THE HON. SAMUEL S. FREEDMAN: Yes.
REP. FOX: Do you swear that the testimony you're about to get for the committee will be the truth, the whole truth and nothing but the truth.
THE HON. SAMUEL S. FREEDMAN: I do.
REP. FOX: Thank you.
And if you have an opening statement.
THE HON. SAMUEL S. FREEDMAN: This is actually the fifth time I have been before you. I was first nominated by Governor Ella Grasso, the late Governor Grasso to whom I've always been grateful and by five successive governors, including Governor Malloy, to whom I am also very grateful for nominating me.
I have to confess to you this is a little bit like coming home for me. In the 1970s, I was a member of the Judiciary Committee and chaired several subcommittees that led to considerable legislation, including the public defender bill. I continued on until the Legislature named me legislative commissioner in 1975 and I stayed as legislative commissioner until I was put on the court in 1978. This is my 33rd year with the judicial department. Twelve -- no. I think 13th year as a judge trial referee.
While I was a superior court judge, much of the time I was doing very heavy criminal work, including a lot of homicides. I also sat with the Supreme Court on ten different cases, wrote two of their opinions which have been sent up to you. Also sat with the appellate court and wrote one opinion for them, which you also have.
As a judge trail referrer, I've spent a great 21 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. deal of my time doing mediations and pretrying several cases for the local court in Stamford. I am happy to say that I've been fairly successful at and I think success breeds more business.
I also teach at Quinnipiac University. I'm at the law school, teach three courses. One of which is an internship course. We have sent to this Judiciary Committee a number of interns and you have one this year whom I highly recommend to you.
I can also share with you the fact that the university conferred on me this summer the honorary degree of doctor of laws. I've always looked at being a judge as a great honor and I've tried to act accordingly. I will continue to do so if you approve me. I'm glad to answer any questions.
REP. FOX: Thank you, you Honor. Are there any questions? Senator Meyer.
SENATOR MEYER: Thank you, Mr. Chairman. Judge Freedman I was a colleague of your wife's Judy, on some nights to see here today. She added tremendously to the work of the Connecticut State Senate and I just wanted you to know that. I appreciate very much your service, your willingness to continue as a state rep as -- after serving for so long and happy to be supporting you in this new endeavor. Reappointment endeavor. Thanks.
THE HON. SAMUEL S. FREEDMAN: Thank you.
REP. FOX: Senator Kissel.
SENATOR KISSEL: Thank you very much, Chairman Fox.
Your Honor, great to see you. And illustrious career and you have every reason to be proud of 22 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. all that you've done. You and your wife regarding public service. Your reputation, especially during those times where you handled -- if I had to guess maybe 30, 36 -- 35 murder cases --
THE HON. SAMUEL S. FREEDMAN: Over 50.
SENATOR KISSEL: Over 50. What does the judicial branch have you handling no? And again the question -- I've asked previously, in what ways have you seen this economic recession affect perhaps some of the cases that have come before you?
THE HON. SAMUEL S. FREEDMAN: There's been a big influx in mediation cases which is either a tribute to me or to the fact that the economy is not good and people need money. I suspect that's the latter.
SENATOR KISSEL: Judge Barall had indicated at least on the family site that people were more angry at upset with one another. Have you seen that many cases that you've had?
THE HON. SAMUEL S. FREEDMAN: I cannot say that I have. No.
SENATOR KISSEL: But clearly, if there's anything at issue as far as dollars and cents people will pursue that to the greatest extent possible because they really need the money.
THE HON. SAMUEL S. FREEDMAN: I would agree.
SENATOR KISSEL: Well, there's not much I can add to what you've presented to us. A tremendous judicial career and I can see that you have many years that if you and I wish you the very best, you and your whole family.
23 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. THE HON. SAMUEL S. FREEDMAN: Thank you.
REP. FOX: Representative Hetherington.
REP. HETHERINGTON: Thank you, Mr. Chairman.
Judge Freedman, is a great pleasure to see you here today as you continue your distinguished career in the judiciary. I'm privileged to be somewhat familiar with your program at Quinnipiac because you have kindly invited me to join you on occasion at that. And I can see from the eagerness of the participants and students who join that that you to an outstanding job of relating to students and bringing them into greater familiarity with the law and the judicial process.
So I'm delighted to be here to see you here. And I just wish you all the best going forward and thank you for your long years of service.
THE HON. SAMUEL S. FREEDMAN: Thank you.
REP. FOX: Thank you. Are there any other questions from members of the committee?
Representative Gonzalez.
REP. GONZALEZ: Good morning, Judge. How many years you've been a judge?
THE HON. SAMUEL S. FREEDMAN: This is my 33rd year.
REP. GONZALEZ: This is your 33rd. And can you explain to me what is the motion -- or emotional suspension?
THE HON. SAMUEL S. FREEDMAN: I'm not sure I understand.
REP. GONZALEZ: Okay. That's a that there is a case 24 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. going on in court and all the evidence or whatever, you know] -- I'm looking into the police -- I do -- I receive a lot of complaints about people calling in saying that you have a lot, you know,] I was accused and the police are lying and the lawyers that they present a motion because they are saying they really believe that the police are lying and they present a motion.
I would like to know how you call that when they present a motion to suppress or to get some information.
THE HON. SAMUEL S. FREEDMAN: We get them very often in criminal cases. It's not unusual.
REP. GONZALEZ: It's not unusual?
THE HON. SAMUEL S. FREEDMAN: It's not unusual? I've heard a lot of motions to suppress over the years. I don't do that anymore.
REP. GONZALEZ: You don't do that?
THE HON. SAMUEL S. FREEDMAN: No.
REP. GONZALEZ: So in your 33 years you've never granted a motion of suppression? You always believe that the police are lying?
THE HON. SAMUEL S. FREEDMAN: No.
REP. GONZALEZ: No?
THE HON. SAMUEL S. FREEDMAN: No. I've granted them.
REP. GONZALEZ: You've granted?
THE HON. SAMUEL S. FREEDMAN: Sure. It's gone both ways.
REP. GONZALEZ: Both ways. 25 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
THE HON. SAMUEL S. FREEDMAN: Yes.
REP. GONZALEZ: Okay. And what you think about also minority people complaining about the treatment that they receive from judges that, you know, the cases -- you have, you know, the same case, but let's say you have to deal with a minority and they always complain about the treatment is different from minority people and anglos. What you think about that? Do you think that is going on in court?
THE HON. SAMUEL S. FREEDMAN: Not in my courtroom.
REP. GONZALEZ: Not in your courtroom.
THE HON. SAMUEL S. FREEDMAN: I can't speak for other judges, but I try to treat all people alike and treat everyone with respect even people I sentence.
REP. GONZALEZ: Thank you.
THE HON. SAMUEL S. FREEDMAN: You're welcome.
REP. FOX: Representative.
REP. O'NEILL: Good morning, your honor.
Does the judicial branch have a mentoring program in place such that once the training is over, if you have some questions on the fly, there someone -- that may be at lunchtime or something like that -- you can contact? And my last out of those questions is, again] my last question regarding the economy and the impact it has on folks that come before you as judge.
THE HON. HUNCHU KWAK: I'm not sure that anyone feels the training he received during pre-bench orientation is ever enough, but certainly the 26 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. mentors that -- that have taught us, certainly there very well-experienced and it was very very valuable. And we do have a formal mentoring system.
Barbara Youngblood is my formal mentor. She's in the same courthouse as I am, but there are other judges who are always available. Everybody I've met so far, they've always offered to answer any questions I may have. So that's been very helpful as well.
As far as economics, yes, I see people come to the courthouse who can't pay their fines. So in those situations we usually ask them to perform community service. Many people can't pay the court costs or fees, so sometimes we do waive them.
And again, if it's part of a plea agreement then we to order community service in lieu of the fees. And as far as being on the bench, it's very, very daunting I think. It comes great responsibility, something I didn't really appreciate until I had to sit by myself on the first day. So it was rather nerve racking, but the training that receive, you know, I think prepared adequately for it.
SENATOR KISSEL: Well, hopefully the daunting task hasn't forced you to loose your very famous sense of humor. I think sometimes being able to have that outlook can ease things a little bit, not that you don't want to do a very serious job, but it's always helpful not to take oneself too seriously, knowing that we are all filled with frailties and foibles.
I guess as anybody who's practiced law would ask, I've been doing some form of practicing law now for 27 years, which is sort of scary to think it's been that long. But what sort of surprised 27 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. you? I know the responsibility and probably the responsibility that one after, you know,] just a lot of folks every single day and you have to do your utmost every single case because for that individual, that's their one interaction with the court system.
And so for them, they've been worried. They've, you know,] it's been a hard morning. There they are. And I'm thinking from private practice, which you do encounter certain segments of our society to being on the bench where I would almost analogize it to when you're in high school, in that high school our kids from the entire town. There hasn't been any kind of winnowing out process because we have a commitment to everyone in our society that you'll at least be given a high school education, unless unfortunately some kids drop out. Once you get to other levels, though, college, or law school and beyond then there's sort of this winnowing out process that occurs simply because people go on different vocational paths, their lives take them to different places.
Which when I think about the people that I grew up with that were in the high school setting, unless it was private school, it was very broad. You had kids from all different socioeconomic climates and I think that was helpful. Do you feel that now that you're on the bench that you're seeing a part of society that maybe you hadn't really focused on a lot heretofore and is given you some insights and help make you -- will continue to make you a better judge? What's that process like?
THE HON. HUNCHU KWAK: I try to treat everybody the same. You know, whether they're from a very poor sector of society or, you know, very wealthy, that really doesn't enter into my dealings with them at all, but I do see them, you know, it's 28 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. people from all different aspects of society, which as a civil attorney didn't always have the opportunity to do so.
But I find that people are the same no matter what their background is. They all like to be treated with respect and you know, certainly we try to do that in the courthouse. Not just myself, but everybody in dealing with the defendants and their family members.
But it just -- to me shows that everybody makes mistakes whether it's an honest mistake, you know, shortsighted drinking and driving which I see a lot of in the courthouse, mostly because of the -- I think the casinos are so close to where I am. But I think, you know, no matter what, people are pretty much the same. So I don't know if that answers your question adequately, but that's how I deal with everybody in the courthouse.
SENATOR KISSEL: Thank you very much.
Thank you, Mr. Chairman.
SENATOR COLEMAN: Thank you, senator.
Senator Gomes to be followed by Representative Adinolfi.
SENATOR GOMES: Annyeong hashimnikka.
THE HON. HUNCHU KWAK: Annyeong hashimnikka.
SENATOR GOMES: I welcome you back here.
THE HON. HUNCHU KWAK: Thank you.
SENATOR GOMES: And through your conversation last time with you and your family, I had the feeling that you would be very well accepted and would be 29 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. a good judge and I'm listening to some of the discourse between you and the other Senator].
And I see that what I have thought has been confirmed.
THE HON. HUNCHU KWAK: Thank you.
SENATOR GOMES: And I welcome you and I wish you a good career and I'm glad that we're both Korean.
THE HON. HUNCHU KWAK: Thank you, Senator Gomes.
SENATOR COLEMAN: Senator Bye.
SENATOR BYE: Thank you, Mr. Chair].
I just want to say, I know you're back Judge Kwak and you've been through the process and have known you for many years and I'm so grateful that you're willing to serve. We're lucky to have your. You've been active in the community of Stamford and your education is stellar and your early reviews are great. And so just want to say I'm going to support you and I'm going to be excited to do it. Thank you.
THE HON. HUNCHU KWAK: Thank you, Senator Bye. I appreciate that, your friendship and your support.
SENATOR COLEMAN: Representative Adinolfi.
REP. ADINOLFI: Thank you, Mr. Chairman. Welcome. Just a question for you.
You mentioned sometimes in circumstances in final judgment that in lieu of a fine you give community service, which is good. But my concern, I've been wondering for years, how is community service monitored to see that is completed or done? Are you going to help me? I 30 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. don't know.
THE HON. HUNCHU KWAK: Yes, sir.
It's done through the bail commissioner's office or adult probation and they have to check in and provide proof as part of the agreement. So they'll -- and I order a not-for-profit organization so it can be someplace that they know, a friend or whatever. It has to be a not-for-profit organization, at least for me and they have to bring in proof that they performed the number of community service hours on their letterhead. So that's verified by the bill commissioner or the probation office.
REP. ADINOLFI: Thank you. Thank you very much.
THE HON. HUNCHU KWAK: Thank you, sir.
SENATOR COLEMAN: Are there questions from other members?
Seeing none, thank you very much, your Honor.
THE HON. HUNCHU KWAK: Thank you very much.
SENATOR COLEMAN: Next, the committee would like to hear from the Honorable Lisa Kelly Morgan of Wethersfield.
Good afternoon.
THE HON. LISA KELLY MORGAN: Good afternoon.
SENATOR COLEMAN: Do you swear or affirm as the case may be that the testimony you're about to give will be the truth, the whole truth and nothing but the truth.
THE HON. LISA KELLY MORGAN: I do.
31 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. SENATOR COLEMAN: Please be seated. If you care to make an opening statement, you may do so at this time.
THE HON. LISA KELLY MORGAN: Thank you. Good afternoon, Senator Coleman, members of the judiciary committee. My name is Lisa Kelly Morgan. It is an honor and privilege to appear before you today. I want to thank Governor Malloy for nominating me for appointment to a full term as a superior court judge. I also wish to express my sincere appreciation to each member of this committee for considering my nomination. I was last before this committee in November following several weeks of intensive pre-bench orientation I was assigned to the Middlesex Judicial District. My primary duty of Middletown is the part B criminal docket. I sit in the GA On Tuesdays through Fridays. It's a very busy docket dealing with infractions, misdemeanors and felonies charges.
I handle arraignments, applications and hearings for pretrial diversionary programs, plea agreements and competency hearings. I'm also responsible for the youthful offender docket, the asset forfeiture docket and de novo motor vehicle trials.
On Mondays I am assigned to one of the short calendar dockets. There I handled very civil proceedings including property and foreclosure matters, special proceedings and family matters. When I am not on the bench I review and sign warrants, ex parte motions for restraining orders and fee waiver applications.
Being a superior court judge has proven to be an incredibly rewarding and challenging experience. I love every aspect of this job. It has truly been an honor to serve as a judge over the last few months and I look forward to the opportunity 32 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. to continue to serve the State of Connecticut in this capacity. I'd be happy to answer any questions you may have.
SENATOR COLEMAN: Thank you, Judge.
Senator Gomes, you have a question.
SENATOR GOMES: Not a question. I just wanted to welcome you back. And it seems like all that you've just mentioned, you hit the ground running and you're doing a good job and I'm proud that we -- I was part of the group that did vote for you. Have a good day.
THE HON. LISA KELLY MORGAN: Thank you, Senator Gomes.
SENATOR COLEMAN: Senator Kissel.
SENATOR KISSEL: Thank you very much, Mr. Chairman.
Your Honor, great to see you again].
THE HON. LISA KELLY MORGAN: You too.
SENATOR KISSEL: In the last three months I bumped into your brother who was very proud of you, spoke very highly. I think it was right around the time that you were getting sworn in and the Governor was around or something else like that.
I do intend to follow up. I think that we had this colloquy before, but] the fact that you had the background in the Town of Enfield and clearly would be a tremendous role model, especially for what I'm thinking of as the young people that are at Fermi High School, which I believe was your alma mater.
THE HON. LISA KELLY MORGAN: Yes.
SENATOR KISSEL: So is that still something given all 33 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. your new responsibilities that we might still be able to put together?
THE HON. LISA KELLY MORGAN: It absolutely is. And things have calmed down now significantly. It was very busy and very hectic in the first couple of weeks between the pre-bench orientation and then starting up the position, which we all started the first day. The day after Thanksgiving was our first day on the bench for everyone. But I'd be glad to work with you and go back to Enfield.
SENATOR KISSEL: I'd very much appreciate that, that kind offer. And I think that having folks see individuals attain the position of a judgeship is a good thing in so many different ways.
So what I'll do is I'll follow up with my legislative aide (inaudible). Perhaps you could talk to Melissa Farley of the judicial branch and we could work that out as far as scheduling and things like that.
And the other question I have is -- and I think it's great that you love every aspect of your job. You have some interesting variety that you've encountered just in the last three months. And again, given the impact of this recession and its tremendous pressures that it brings to bear on folks in various aspects of their lives, what things may you have already gleaned regarding the recession and it's impact on citizens in the state of Connecticut that perhaps you could share with us?
THE HON. LISA KELLY MORGAN: Well, on the civil side I see it on the foreclosure docket, but] we are very fortunate in Connecticut that we do have a foreclosure mediation program. So a lot of those matters are worked out through mediation, but there are a lot of self-represented parties who 34 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. appear on the foreclosure docket.
And I also see it quite a bit on the GA. I spend most of my time in the GA on the criminal docket. There is a great number of self-represented parties, and on a daily basis I refer people all the time to the public defender's office to make application to see if they're eligible for a public defender. I appoint public defenders routinely.
And so there are certainly more unrepresented parties than represented parties that appear before me in the GA by a great number.
SENATOR KISSEL: And one last follow-up. And I have someone who once upon a time was a special public defender and we never were at a lack for cases and it seems like their business is only going up.
In the foreclosure matters, and I'm going to talk to my colleagues on this committee and the leadership about perhaps revisiting a bill that Senator McDonald and I championed just last year, but weren't able to get passed. And it had to do with, in the foreclosure matters, the plaintiff, the bank typically would have to delineate the name of a contact person.
Because what we had found from talking to folks out there was that a lot of these matters were getting bounced around. And that even a judge in a position of trying to move it through the different processes that we have set up through the court system would have a difficult time getting someone in authority to make decisions.
And I'm just wondering if you've bumped up against that. I know that recently I've read -- although I haven't read the decision yet -- that the Supreme Judicial Court of Massachusetts 35 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. throughout, I think a whole set of foreclosures because the party bringing them didn't have legal authority to actually bring them.
So as far as the nuts and bolts of the process are there areas where perhaps -- and you don't have to advocate for that particular bill, but perhaps areas that we could continue to focus in on to make our process more successful?
THE HON. LISA KELLY MORGAN: I do see some of that, but a lot of that is handled through the foreclosure mediation process. So the issue as to whether or not there's a contact person would be handled, not in front of the judge, but in the context of the mediation process with the foreclosure mediators.
I do see it in the context of self-represented parties filing motions seeking to open judgments on the basis that they had been in conversations with various lenders. And then while they understood that there might be a possible workout solution, the foreclosure action continued along and went to judgment when they thought they may have a particular deal on the matter. So I do see some of that.
My understanding is that the foreclosures generally have slowed down since September 1st when there was a new rule implemented that a particular affidavit had to be placed on file. And that that has cut the foreclosure docket quite a bit while the lenders are struggling to be able to complete this affidavit. But I anticipate that once they come to terms with that, that it will pick up again.
SENATOR KISSEL: All right. And I was a little confused in that when you're handling that docket, even though there's the foreclosure mediation process, it's my understanding that a 36 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. judge would be the mediator, but that that's not your role.
THE HON. LISA KELLY MORGAN: No. Generally what happens is the mediators have the initial conversations with the litigants once the action is commenced, but when it comes to the short calendar, ordinarily what I'm called to do is to enter judgments of strict foreclosure, enter judgments of foreclosure by sale, those kinds of rulings.
SENATOR KISSEL: Thank you very much, your Honor. And good luck on an illustrious career. I look forward to contacting you and letting everybody know what a great success story that you have, sort of a life story.
THE HON. LISA KELLY MORGAN: Thank you. I look forward to hearing from you.
SENATOR COLEMAN: Thank you, Senator].
Are there other questions? Are there other questions?
Seeing none, thank you very much, your Honor.
THE HON. LISA KELLY MORGAN: Thank you.
REP. FOX: Thank you, Mr. Chairman.
Next is the honorable John Newson of Brooklyn.
THE HON. JOHN NEWSON: Good morning -- or afternoon.
REP. FOX: If you could raise your right hand.
Do you swear that the testimony that you're about to give before this committee will be the truth, the whole truth and nothing but the truth?
37 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. THE HON. JOHN NEWSON: I do.
REP. FOX: Thank you.
Do you have an opening statement?
THE HON. JOHN NEWSON: Yes.
Good afternoon, Senator Coleman, Representative Fox, members of the Judiciary Committee. I would like to thank everyone, all of you for taking your time to hear the matters regarding my nomination here today.
As many of you may remember, like the two colleagues before me, I was last before you in November. I would also like to thank Governor Malloy for his nomination of myself to a full term to the bench.
After we completed our pre-bench orientation I was assigned here in Hartford to the GA court. In that GA court I've handled what we have, an arrangement docket. We have very fractured dockets in Hartford. We have an arrangement court. We have the DD court. We have a program and motor vehicle court and we have a dedicated pretrial court on the GA floor.
I am primarily assigned to the motor vehicle and programs court which means that all diversionary programs other than the family violence program, which is in DD court, once people apply for a program the decision to grant or deny the program and the conditions of those diversionary programs come into the courtroom that I sit in. I handle those.
I handle on Mondays and Fridays. I handle all of our youthful offender matters, youthful offender arraignments, dispositions. I've also had an opportunity, again to cover in our arraignment 38 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. court during the holidays when that judge was out and I've also covered over in community court for a few days while that Judge was out during the last couple of months.
So I found the experiences challenging, exhilarating, fun and enlightening. And I look forward to and hope that you will consider granting me or approving me for a full term to the bench and I'd be happy to answer any questions you may have.
REP. FOX: Senator Kissel.
SENATOR KISSEL: Thank you very much, Chairman Fox.
Congratulations on Governor Malloy's reappointment to a full term.
Regarding the diversionary program docket, it's my recollection that a few years back we created a program that if one was charged with crime, but could prove that it was due to mental disability.
THE HON. JOHN NEWSON: Right.
SENATOR KISSEL: That they would be given a bite at the apple. Actually, my recollection is I think they might even get two bites at the apple.
THE HON. JOHN NEWSON: Right.
SENATOR KISSEL: And it was new. We did it after a task force of studying ways that we could relieve the burdens on the correction system and not incarcerate individuals that, if they had done something such as continue with treatment programs, take certain medications, that but for those things they probably wouldn't have gotten involved with the law.
And I'm just wondering if you -- because it is a 39 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. new program, if it's picked up a little steam. If you sort of see it more often than not. Or if there's still some things in that program that we could do as a Legislature to allow counsel, defense counsel to more often utilize that program.
THE HON. JOHN NEWSON: I have. I have seen a few and we call it -- the formal name is a supervised diversionary program. And I think in most courthouses the moniker used is -- we call it psych AR, because it generally has to be -- deal with somebody with a psychiatric or mental health history. And that's to differentiate it from the regular AR, although the conditions and terms are about the same.
So I've seen it several times. I think it does work, you know, at least as far as I've seen it from my perspective as a judge. I've granted, you know, that people have to go for a formal evaluation. The evaluation recommends treatment or medications or other things that the person needs to comply with and then they're ordered to complete those. So in that sense it's identical to accelerated rehabilitation, except for the primary basis for the involvement with the law has to be found to deal with that person's mental health issue.
So it's, you know,] it's -- I think it's one of those things that also, too, it's used less than the other accelerated rehabilitation. Part of that basis may be that if, you know, an attorney does a good job and shows to the state's attorney he or she, that the person's basis of the reason being in court was a real mental health issue, I think in most places that's obviously taken into account on the disposition of the program or whether the person, you know,] even though they may have a record or not be eligible for the program, may be appropriate for a probation or 40 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. whether that's just sort of a setup.
And a lot of those cases I think attorneys try to manage pretrial to have their clients do the treatments and things that they need to do. And that way their client, there less exposure for a violation of probation of bringing them back to court. They can have the person do a lot of work pretrial and then get a favorable disposition from the state's attorney.
SENATOR KISSEL: Great. Thank you.
And I know that it may be not exactly on an identical, but I know within the department of corrections when they let folks out and they have a similar kind of violation, what they're trying to do is utilize a program called the timeout program where they'll bring someone in, but rather than having them finish the entire sentence, which heretofore had been what they had been doing, they'll have a certain period of time, and again try to get them to sort of comply with medication treatment, things like that. Not that it necessarily has to be psychiatrically correlated.
Regarding -- one last question -- regarding our diversionary programs, over the years that I've been lucky enough to serve in the Legislature and on this committee I've seen, you know, the pendulum swing in different directions. We've gone through periods where an individual avails themselves of one diversionary program that's sort of -- are foreclosed from others. We've gone through periods of truth in sentencing where an individual is given a sentence; they're going to serve much, if not all of that.
But clearly I think that where we stand now is that we as a State feel that diversionary programs are extremely valuable as a safety 41 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. valve. As Judge Kwak had said earlier, everybody makes mistakes and sometimes people run afoul of the law, but if you give them an opportunity to remedy that wrong, that hopefully there won't be any recidivism and they won't be back involved in the criminal justice system.
Is there anything based upon your experiences thus far that you could recommend to us where certain diversionary programs are operating well and smoothly; maybe other ones have some glitches that perhaps we could do something with and help fix? Or there might even be things that the judicial branch could even do without necessarily coming to the Legislature.
THE HON. JOHN NEWSON: I think from my, you know, my personal experience, not only as the few months or two months or so that I've been actively sitting on the bench, but my -- the primary work I did throughout my career was as a criminal defense attorney.
So I mean, I think the programs work well. I think almost all of them are a minimum of one-year accelerated rehabilitation, could be up to two years. The (inaudible) program -- we call, which is a highly formalized drug treatment diversionary program. That's up to 18 months I believe.
So -- and within all of them, you know, not only the regular everyday requirements of the program are available, but they all allow at least some minimal area for the judge to be creative if the case, you know, sort of calls for it.
So I think that in every courtroom and in every place you can find that most of the programs, depending on the particular situation, you know,] if the defendant is very young and, you know, maybe picks up a driving under the influence but 42 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. they qualify, I think as a judge you don't just have to refer them to the classes. You can add some conditions on that to impress upon an 18 or 19 or 20 year old.
Or you know, some of these other programs where, you know, accelerated rehabilitation, if you've got a particularly egregious case, but maybe the victim comes in and says, you know what? I had an experience where the victim came in and was pretty severely assaulted and said, I don't want you to deny the program because he didn't want the conviction to affect this other person's life.
So in that case the program I think provided me with a lot of leeway to impose conditions that I would have thought appropriate to impress upon this person, the break that they had just given which was a case that easily could have sent the person to jail for a significant period of time. So I think they work well. I think, you know, once you get familiar with them you can be very creative if you want to.
SENATOR KISSEL: Thank you very much and I wish you the best of luck in the rest of your judicial career.
THE HON. JOHN NEWSON: Thank you.
REP. FOX: Are there any other questions from members of the committee?
Seeing none, and congratulations on your nomination for an eight-year term.
THE HON. JOHN NEWSON: Thank you very much.
REP. FOX: Next is the Honorable Thomas V. O'Keefe, Jr., of North Branford.
43 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. Good afternoon, your Honor.
THE HON. THOMAS V. O'KEEFE, JR.: Good afternoon.
REP. FOX: If you could just raise your right hand.
Do you swear that the testimony you're about to give before this committee will be the truth, the whole truth and nothing but the truth?
THE HON. THOMAS V. O'KEEFE, JR.: I do.
REP. FOX: Thank you.
If you have an opening statement, feel free.
THE HON. THOMAS V. O'KEEFE, JR.: Senator Coleman, Representative Fox], Senator Kissel, Senator Doyle, good afternoon. My name is Tom O'Keefe, Jr. I was born and raised in New Haven. I now live in North Branford with my wife, Marylou who is a retired teacher.
1972 I became a prosecutor in New Haven and worked in Arnold Markel's office until 1986. In 1986 I was nominated by Governor O'Neill. I've served as a criminal court judge since 1986. Most recently I've sat in Hartford. I've sat in most big cities in the state of Connecticut.
Most of my responsibilities are on the part A docket involving all the common-law felonies: murder, rape, robbery, arson. I do substitute occasionally in the GA court. A couple years ago in New Britain I sat on the domestic violence dedicated docket, but most of my experience is in the criminal court trying cases.
And I'd be glad to answer any questions that you have.
REP. FOX: Thank you, your Honor. 44 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
Senator Kissel.
SENATOR KISSEL: Thank you very much, Mr. Chairman.
Judge O'Keefe, great to see you.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you.
SENATOR KISSEL: I know that in the advent of the Cheshire homicides we passed criminal justice reforms. There was a debate as part of that regarding the proposed three strikes and you're out and that particular law -- bill did not pass.
But we attempted to enhance the persistent dangerous felony offender statutes -- or statute, rather. How are we doing from your vintage point regarding the reforms that were passed about three years ago, especially as they pertain to some of the most dangerous offenders?
And clearly given your background you've handled many of the cases that are quite serious (inaudible)].
THE HON. THOMAS V. O'KEEFE, JR.: I think we've always done a good job with the most dangerous felons. We have 20,000 people in prison in the state of Connecticut. I don't know exactly what the number is for murder, but it's probably -- I know it's in the hundreds. So we've always done a good job. The problem is that you can't incarcerate every potentially dangerous person and it's hard to predict who the most dangerous are.
The reforms passed, especially those that the sharing of information, the persistent offender statutes, of course they help us in dealing with the most violent members of our society. But those people have always attracted a lot of 45 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. attention from the prosecutor's office, from the bench. And there's always going to be evil people who commit horrible crimes and the government cannot prevent that, sadly. And we see that, but it doesn't mean we shouldn't keep trying.
So the reforms were good in my mind. Like some of the other judges, I see one case at -- most of the time I see one case at a time. And those, those reforms didn't impact my end of the business as much as they did in the arraignment court and in the pretrial court and in some of the other criminal courts. But I've heard a lot of positive things about the reforms.
SENATOR KISSEL: And my last question is, and again, you may not bump up against this and given the nature of human frailties and innate evil in certain individuals, but clearly the recession has had a dramatic impact on our state, people trying to make ends meet. And actually, it probably will eventually land at the feet of how we actually try to fund the judicial branch and make sure that the things that we need to do as a state get done.
I was happy to hear earlier today that as far as the marshals and security in our courthouses, which I think is extremely important in part A, that it appears that we're making good strides in that direction, which I think that finance has sort of hamstrung us there a little bit for a while.
But do you have any insights that you could share with us regarding, again the impact of the economy or on judicial resources being available so that you could do the job that you do?
THE HON. THOMAS V. O'KEEFE, JR.: As far as the economy, the criminal courts have always seen 46 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. many people who are poor. That's a common denominator. Tough economic times, given the issues that we deal with, our common issues are drug abuse, alcohol abuse, mental illness. Tough economic times don't make those things easier.
And in fact, many of the services necessary to deal with the underlying causes of crime will be impacted I believe by the budget process. Beds, treatment, everything that the court would like to have of course costs money.
So do tough economic times have an impact in the court? Yes. And they're going to have a bigger impact and they always have because poverty is the engine of crime. You know, it just fans the flames of criminal activity. So things are tough in the court. They always have been, especially in the criminal courts. It's where the rubber meets the road and, you know, it's a tough place.
So whatever money can be spared for the core responsibilities of the courts in criminal and civil courts is money well spent. It's an investment. That's the way I look at it.
As far as the allocating the resources of the judicial branch, I see] Judge Carroll and Judge Quinn here and they probably know a lot more about that than I would. So I'll defer to them.
SENATOR KISSEL: Thank you very much and I wish you the very best and congratulations on your reappointment.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you. Thank you so much.
REP. FOX: Thank you, Senator.
Next is Senator Meyer.
47 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. SENATOR MEYER: Thank you, Mr. Chairman.
Judge O'Keefe, it's a privilege to be your State Senator.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you.
SENATOR MEYER: And remain so pleased with your experience and your reputation.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you.
SENATOR MEYER: And look forward to supporting your reappointment.
We have on our docket today, on our agenda today a bill that would change how we deal with certain criminal defendants. What we found in Connecticut is we've gone from -- in over 25 years we've gone from about 6,000 inmates to up to 20,000, as you pointed out, inmates and that's with a static general population.
The cost of an inmate in our prisons is around $40,000 per inmate per year. We found through a study that the majority of that population increase has been parole violators and non-violent offenders.
So we're looking at ways in which for financial reasons and good policy reasons we might have alternatives to incarceration. Do you have a -- with your experience as a prosecutor for a long time and now a judge to handling many criminal cases, do you have a view about this?
THE HON. THOMAS V. O'KEEFE, JR.: Sure. I'm in favor of all the alternatives to incarceration. The first criteria I apply to anybody who appears before me in any criminal case is the thing I ask myself, is this person dangerous? Now if I can answer that question, no, then I want as many 48 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. options as I can have to deal with that person, because a lot of what we do now in the courts and domestic violence courts and some of the other courts is therapeutic.
So we're trying to help. Unfortunately a lot of individuals, even some in the criminal justice system think that incarceration is a one-size-fits-all solution to every single problem. Really, the best use of the jail cells is for dangerous people, people who are going to harm others.
Using jail cells to make a point with somebody or to try and do anything else with them sometimes is not really cost effective. So there are a lot of people in prison who could be managed in the community, in my opinion. So how we get to a point where we get maximum benefit out of the cells and the prison spaces available to us, I don't know how to answer that. That's a very complex situation.
But the simple question for a judge I believe, and I tell this to other judges, when you have a person before you and you're deciding on a sentence, that's the first question I ask myself, is this person dangerous? And if they aren't then you can be as creative as you want to be.
You know, so it's not rocket science. And that's the way I look at it. I don't know how the other judges do, but that's the way I look at it.
SENATOR MEYER: Well, I appreciate that and hopefully our committee will take your views into consideration as we go forward with this, a new concept.
One last question if I might, Mr. Chairman?
Based upon your experience -- I know a lot of it 49 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. was as a prosecutor -- we lack in Connecticut an investigative subpoena, as you know.] In another life I was in New York and I was actually a federal prosecutor in the justice department and then in private practice. And I could not do without an investigative subpoena to make a case.
We've had an investigative subpoena bill before this committee for some time. It's been supported by Kevin Kane, the Chief State]'s Attorney. We don't seem to get support for it. What is your view on this issue?
THE HON. THOMAS V. O'KEEFE, JR.: I never worked in a system where we had that power, so I have no experience in that system. I'm familiar with the criticisms of investigative grand juries, that they can be -- that there can be abuses. So I don't have a well-formed opinion based on experience because I have none in that system. So that's the best I can do.
I know that there's a lot of controversy. Prosecutors want that, I know that. But there is a reluctance and there should be a reluctance on the part of the Legislature to give too much power to anyone involved in the criminal justice system, whether it be prosecutors or judges or anyone.
And that's -- I think that's the fear that's why we don't have one. I know that Jack Bailey who was a proponent of the investigative grand jury -- we do have a modified grand jury system for certain cases which seems to work well. So before we change the system I think it deserves quite a bit of study.
And I know the federal authorities loved it because they could manage their cases before they were -- an indictment was handed down. So it's a great thing if you're a prosecutor, but not 50 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. everybody thinks it's the answer to the problems of crime in the state of Connecticut.
REP. FOX: Thank you, Senator Meyer.
Are there any other questions?
Senator] -- oh, I'm sorry. Representative Gonzalez.
REP. GONZALEZ: Thank you.
Hello, Judge.
THE HON. THOMAS V. O'KEEFE, JR.: Good afternoon.
REP. GONZALEZ: Good afternoon.
Here in your questionnaire in number 25 -- has a complaint against you -- ever before the judicial review council? You say, yes. But you don't -- I'm looking here and I don't find anything that explains what was the complaint about.
THE HON. THOMAS V. O'KEEFE, JR.: The complaint that I have the best memory of is just a couple years ago I went on special assignment up to Litchfield and they had a very difficult defendant up there. And I remember his name, he was Larry Bigelow and I think I mentioned his name in the answer there.
And I sat on a motion to suppress. And I suppressed quite a few -- quite a bit of the evidence because the -- one of the warrants was insufficient, lacked probable cause in my estimation. I sat on a motion to suppress.
And I left that special assignment. Somebody else tried what was left of the case and Mr. Bigelow was convicted. And a few months later after he filed a complaint against the new judge -- his lawyer, he also included me. And 51 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. his complaint was that I hadn't suppressed all the evidence. That was -- that's quoting his complaint. That was the complaint against me. I had suppressed some of it, but] not all of it.
REP. GONZALEZ: And when you said, some of it, not all of it, why not all of it?
THE HON. THOMAS V. O'KEEFE, JR.: The other evidence was legally seized. It was -- the defendant was contesting five or six warrants. Four or five of them were very good. There was a technical problem with one of the warrants and the evidence that was seized pursuant to that warrant, I ordered it suppressed.
REP. GONZALEZ: And in your time as -- in your career as a judge, how many motions to suppress granted? You know, maybe you don't have the right number], but I will say you do that a lot. Like, you grant motions to suppress a lot or you tend to believe, let's say, in a case with a police officer, you tend to believe, you know, the police officer then.
THE HON. THOMAS V. O'KEEFE, JR.: I don't -- I'm like an empire at a baseball game. I call them the way I see them. I don't start out with any preconceived notion of who's going to tell the truth and who isn't going to tell the truth in a motion to suppress.
Over the years I've granted many motions to suppress. I've dismissed criminal cases for all the way up to murder for various reasons.
REP. GONZALEZ: Because here, you know,] here we have a problem and it's that there's a lot of lawyers complaining about cases that they put a motion to suppress. Because most of the time when the police stop and they said that they stop because, let's say, a motor vehicle violation, well, they 52 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. stop, searching cars. And one of the thing is they say, well, I stopped because a motor vehicle violation and I noticed that it was a gun in the car when the car is in the trunk -- when the gun --
Let's say that they found a gun, but the gun was in the trunk or I smell weed. You know, when the weed -- maybe they found the weed in the trunk of the car. So that's illegal to do that, you know, to search the car with a warrant.
And I've been in court and a lot of lawyers put a motion - they present a motion to suppress and I can tell you that never -- I never heard that a lawyer -- a judge, you know, granted the motion because they believe a hundred percent] of the police officers. And that's a huge problem.
You know, I believe that's a huge problem because when they violate -- when they search my car, you know,] legally, they're violating my rights and I think that it's going on especially in the court in Hartford because I've been around. I've been, you know, I go to court in Hartford here and there and I think that this is a big issue.
This is a huge issue, you know, issue that the judges end up, you know,] believing that the police officers. And they denied that motion. And a lot of people complain that, you know, they violate my rights. And I don't think it's fair.
But thank you for your answer.
THE HON. THOMAS V. O'KEEFE, JR.: All right. Thank you.
I looked back. I wanted to see if Ed Gavin was here. I had a case, a murder case where he filed a motion to suppress and there was some evidence in a murder case that was found in a car and I 53 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. suppressed it. So I guess --
REP. FOX: He has signed up to speak, your Honor. So we'll have a chance to ask attorney Gavin. He'll be here, I'm sure.
Representative Dillon.
REP. DILLON: Good afternoon.
THE HON. THOMAS V. O'KEEFE, JR.: Good afternoon.
REP. DILLON: Your Honor, I just wanted to welcome you to the committee and thank you for your service. I'll be supporting you.
THE HON. THOMAS V. O'KEEFE, JR.: Oh, thank you very much.
REP. FOX: Senator Coleman.
SENATOR COLEMAN: Hi, Judge. I just wanted to acknowledge I have crossed paths with you at GA 14 as well. You're sort of a different generation than the previous group that we discussed, we considered.
But I also wanted to compliment you in my observation of your work as a judge. I think you strike that very appropriate balance between being very tough when the circumstances call for it, but also invoking a certain amount of compassion and reasonable sensitivity when those circumstances call for it.
So I guess that's what we refer to on this committee as good judicial temperament. Just wanted to express that to you during your time here.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you. Thank you. 54 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
SENATOR COLEMAN: Thank you.
REP. FOX: Thank you, Senator.
Are there any other questions from members of the committee? Okay. Seeing none, thank you, your Honor.
THE HON. THOMAS V. O'KEEFE, JR.: Thank you.
REP. FOX: Okay. I'd like to point out we have three more judges to interview. We started with a total list of 16. And the plan will be once we finish questioning the judges we'll take a short recess, have an announcement and then vote on the judges today as well as we're going to raise some bills today and then that will be it for our business this afternoon.
So next is the honorable Barry C. Pinkus of Cheshire.
Good afternoon, your Honor.
THE HON. BARRY C. PINKUS: Good afternoon.
REP. FOX: Do you swear that the testimony you're about to give before the committee is the truth, the whole truth and nothing but the truth.
THE HON. BARRY C. PINKUS: I do.
REP. FOX: Thank you. And if you have an opening statement, feel free.
THE HON. BARRY C. PINKUS: Yes. Thank you.
Good afternoon, Chairman Coleman, Chairman Fox and members of this committee. I would like to thank Governor Malloy for nominating me for reappointment and thank you as legislators for 55 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. considering me for this opportunity.
It has been an honor and a privilege to serve the people of the state of Connecticut. I have served in Bridgeport, New Haven, Waterbury, Norwalk, Danbury and New Britain. I started with a criminal assignment. I then had a housing assignment. For the past five years I had been mainly in family assignments and currently assigned to the New Britain Judicial District as a presiding judge for family matters.
With your approval I look forward to being able to serve the people of the state of Connecticut in the future and I'll be happy to answer any questions that you may have.
REP. FOX: Well, thank you, your Honor.
Senator Meyer.
I'm sorry. Senator Kissel.
SENATOR KISSEL: Thank you, Mr. Chairman.
Welcome.
THE HON. BARRY C. PINKUS: Thank you.
SENATOR KISSEL: Nice to see you again].
And again, a question that I've asked nearly all of the previous folks, the economy and it's impact on cases that you've seen and any insights that we might gather from your experience.
THE HON. BARRY C. PINKUS: Clearly the economy has had a great effect upon a great many people in the state of Connecticut and I see it everyday sitting in family court. There are many people who are unemployed, who are underemployed, people whose houses are under water. 56 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
In the divorce setting when you try to divide up the assets it's now become dividing up the debts, as opposed to the assets in many occasions. It's put a lot of stress on a lot of people being employed, increased the amount of domestic violence that we see in family court. We have the civil/family/restraining order dockets that we handle, so we've seen an increase in that.
I did the foreclosure docket for a while in New Haven. Since I've left there] the economy has gone down dramatically and I'm told that their docket has greatly increased since I was there. When I was there it was relatively manageable. The economy was good. We had good employment. Now I'm told it's the other way.
So I do see a great deal of stress upon a great many citizens in the state of Connecticut. And people are behind in their support and alimony obligations and it's hard to tell them to go get a job because there] aren't plentiful jobs out there. It's just very difficult on the citizens of the state of Connecticut.
And I just don't handle one case at a time like some of the other judges. Family docket some days will handle 20 cases. And we see over and over again the stress and strain that the people of the state of Connecticut are under. And hopefully there will be a light at the end of the tunnel soon, but candidly right now I'm not seeing it.
SENATOR KISSEL: Thank you very much.
Thank you, Mr. Chairman.
REP. FOX: Thank you, Senator Kissel.
Representative Adinolfi. 57 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
REP. ADINOLFI: Thank you, Mr. Chairman.
Welcome, Judge Pinkus.
THE HON. BARRY C. PINKUS: Thank you.
REP. ADINOLFI: It's great to see you here again. I was here the last time you were nominated and I was very proud to support you then. I've probably known you for over, well over 20 years and now I'm working with some members of your family in some other areas. And I'm very happy that you're here again and I'm certainly going to support you. Thank you.
THE HON. BARRY C. PINKUS: Thank you.
REP. FOX: Are there any other questions from members of the committee?
Representative Gonzalez.
REP. GONZALEZ: Hello, judge.
Glad you're here.
THE HON. BARRY C. PINKUS: Thank you.
REP. GONZALEZ: Here on question 25 they said there was a complaint against you, failure to grant a restraining order. Can you explain a little bit about that?
THE HON. BARRY C. PINKUS: Well, it was a few years ago. There was a woman who had assaulted her husband. She was in jail. She filed for a restraining order against him. I did not grant the restraining order on her behalf. She was convicted of the assault against him, ended up serving a year in jail as a result of that. I didn't think there was any basis. 58 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
It's not uncommon when somebody has a restraining order filed against them, on some occasions they'll try to file a restraining order against the other person to try to level the playing field. In this case I think that's what that was. So that's the history of that case.
REP. GONZALEZ: The restraining order, do you think that -- let's say that I have a restraining order, but I violated that restraining order. Do you think that it's the same? It will be the same for both? I have a restraining against, let's say, my husband.
THE HON. BARRY C. PINKUS: Yes, God forbid.
REP. GONZALEZ: God forbid, but let's say that I violate the restraining order. I'm not supposed to -- he's not supposed to get near me and I'm not supposed to get near him. But I violate that protective order. What happens in that case?
THE HON. BARRY C. PINKUS: Well, it's a crime. If you violate a -- there's a few things that can happen, but you can get arrested for violating a restraining order and that's a serious matter. The police, once that restraining order is granted, the police take it very seriously and you can be arrested for violating that restraining order.
REP. GONZALEZ: Both sides?
THE HON. BARRY C. PINKUS: It can happen. Yes, it could happen, yes.
REP. GONZALEZ: It can happen on both sides?
THE HON. BARRY C. PINKUS: Yes. Not uncommon.
REP. GONZALEZ: Okay. And my other question is, do 59 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. you always agree with the prosecutor? Because we know that -- and one of the things that I always criticize is that the prosecutors, we always say that the prosecutors tend to run the courts and they always -- their recommendations go to the judge.
And I know that I will say that most of the judges, they go with that recommendation. Do you agree all the time with the prosecutors?
THE HON. BARRY C. PINKUS: That's a fair question. First of all, I haven't done criminal in almost seven years, so I haven't dealt with a prosecutor in a long time.
But I would like to think that I would not always agree with the prosecutor, that I would have an open mind and I would like to look at the totality of the circumstances to see whether the prosecutor, who is an advocate for the state, whether that position is right or not.
So the answer is, no.] I would not always follow the prosecutor unless I thought the prosecutor was right.
REP. GONZALEZ: Okay. And do you believe that in court their fairness with everybody, like, espeically with minority people?
THE HON. BARRY C. PINKUS: Well, that also is a good question. I have to tell you I can only say that when someone comes into my courtroom I try very, very hard to make certain that I treat everybody fairly no matter where they come from.
We have a lot of people who come into court in New Britain who don't speak English. A lot speak Spanish. Some speak Polish. And I make it very clear that we have people available to assist them so that they understand absolutely what's 60 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. going on. It's very important to me that everyone who comes in that courtroom feels as though they'd been treated fairly.
They may not always when their case, but I want them to feel as though they've been treated fairly, that they've had an opportunity to say what they want to have said. And that they could leave there saying, well, I may not have won, but at least I've an opportunity to be treated fairly, so I try very hard to do that.
REP. GONZALEZ: So you are -- you aware that there was a study years ago that says that there is a lot of discrimination in the court, through the minority people. It was a study made. And that information was public information.
THE HON. BARRY C. PINKUS: Well, again, I can only tell you what I try to. And what I try to do every day is to treat everybody, whether they come into that courtroom by themselves in a suit or not, no matter how they get there, I try to treat them fairly and equally and with respect.
If somebody comes in from the jail I will treat them with respect. If somebody comes in through the courthouse door themselves I treat them with respect. Nobody in this world is perfect. I'm certainly not perfect, but I will tell you that I try very hard to be fair and to avoid any sense of discrimination in the cases that come in front of me. I try very hard.
REP. GONZALEZ: Thank you for that. Thank you very much.
I think that, you know, us, minority, we tend to see those kind of problems and try to see how we can, you know,] maybe improve, you know, that problem and resolve that problem. And it continues. I know it continues. 61 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
I don't know how long it's going to take, you know, the judicial system to realize that minorities, we have the same right like everybody else.
THE HON. BARRY C. PINKUS: Well, I agree. And a hundred years ago when my family came over from another country and spoke another language I'm sure they had the same concerns.
And -- and so hopefully, someday, we can all be on a level playing field. So I understand what you're saying.
REP. GONZALEZ: Thank you very much. Have a good day.
THE HON. BARRY C. PINKUS: Thank you.
REP. FOX: Thank you, Representative.
Senator Gomes.
SENATOR GOMES: Good afternoon.
THE HON. BARRY C. PINKUS: Good afternoon, sir.
SENATOR GOMES: Glad to see you here.
THE HON. BARRY C. PINKUS: Thank you.
SENATOR GOMES: You mentioned a little while ago there was a protection order against the woman.
THE HON. BARRY C. PINKUS: No. It was against -- yes. That's correct.
SENATOR GOMES: And she violated it?
THE HON. BARRY C. PINKUS: Yes.
SENATOR GOMES: And she got a year in jail. What was 62 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. the nature of the assault?
THE HON. BARRY C. PINKUS: He was over 65 years of age so there was a mandatory minimum. I did not do the criminal case. I was involved in the family case, but he was over -- so it was an assault on a victim over 65, and it was a mandatory minimum of a year in jail.
SENATOR GOMES: I thought it was kind of harsh, but I understand, being a senior, I understand that.
REP. FOX: That's the mandatory minimum that Senator Gomes likes, so, thank you, your Honor.
I also have a question. I had a chance to see you in Bridgeport when you were doing family a few times. And in that courthouse you can run the real gamut in terms of the types of people who would appear before you, whether they -- sometimes there they can come from levels of poverty to levels of extraordinary wealth.
And one of the things that I can say that I saw in you, especially with self-represented parties is that you try to point out to them that -- you recognize that this is emotionally going to be difficult for them as well as financially difficult for them. And one of things I remember you counseling people from the bench was, you know, don't let this ruin everything. Just this, what's going on right now.
And what -- and we hear constantly now about self-represented parties and people who come and appear before you. I know that that was -- that happened a lot in Bridgeport. I'm sure it happens in New Britain. I know it happens in Stamford.
What types -- especially in the family setting -- what types of recommendations or thoughts do you 63 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. feel, as a judge, that you can convey to those who come before you who are representing themselves?
THE HON. BARRY C. PINKUS: Well, that's a good question but people who represent themselves, first of all, they need to get themselves organized. They have to decide what they want to accomplish when they go to court. They need to understand what they can accomplish when they go to court.
We're very lucky in New Britain and in most of the other courthouses now that we have court service centers that will help the self-represented people fill out papers. So that's important.
There was a question before of whether e-filing is going to be too intimidating for self-represented litigants. We don't do e-filing yet in family, but we need to be sensitive to those types of things. That we need to make certain that the courthouse is not someplace that people should feel afraid to go to because it's going to be overwhelming.
Clearly a lot of the stuff we do is technical. I mean, we try to follow the statutes that the General Assembly passed. Some of those are very complicated. So to the best of my ability we try to guide people. I have a lot of -- we have status conferences in cases. I try to tell people if they can afford it to at least hire a lawyer for a consultation. They may not be able to afford a lawyer for the whole case.
There's some movement afoot to being able to sell legal services piecemeal as opposed to getting involved in a case as a whole. So I always tell people if there's any sense that I think they can afford a lawyer, to at least get a lawyer for a 64 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. consultation to find out what's realistic. If they can't, we try to answer as many questions as we can. We have family services to try to help them. It's not easy.
We have a whole lot of self represented people who come in into court. I would say the majority of cases are people who don't have lawyers. And I had the privilege of serving in New Britain four years ago when Judge Reiker was still alive. At the time, he was about a hundred years old, and his advice to me was be patient and listen.
And -- and that served him well for a long time, and that's what I try to do. I try to be patient. I try to listen to people. I try to understand that they're in trouble, that they're trying to solve a problem.
And I hope that when they leave there, they have a better understanding of what the process is and try to let them know that the devastating impact that can be created on their children as a result of them fighting. I try to give them some guidance in that -- in that respect.
And I just hope that they have leave the courtroom after that day, as I said to Representative Gonzalez, giving them the feeling that maybe they didn't win, but at least they got the chance to say what they needed to say. That's very important for self-represented people, that they haven't -- sometimes they're not so -- I mean, they want to win obviously, but sometimes they're just as happy that they get a chance to say what they need to say.
REP. FOX: Okay. Well, thank you very much, your Honor.
Are there any other questions? 65 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
(No response.)
REP. FOX: Thank you, your Honor.
THE HON. BARRY C. PINKUS: All right. Thank you.
REP. FOX: Next we have The Honorable Mohammad Nawaz Wahla of Glastonbury.
Good afternoon, your Honor.
THE HON. MOHAMMAD NAWAZ WAHLA: Good afternoon.
REP. FOX: Do you swear that the testimony you're about to give before the Committee will be the truth, the whole truth, and nothing but the truth?
THE HON. MOHAMMAD NAWAZ WAHLA: I do.
REP. FOX: Thank you.
THE HON. MOHAMMAD NAWAZ WAHLA: Thank you.
REP. FOX: Please be seated.
THE HON. MOHAMMAD NAWAZ WAHLA: Chairman Coleman, Chairman Fox, and Members of this Committee, I want to thank Governor Malloy for renominating me to the full term and you, as the Legislature, for considering me for this opportunity.
Since I was last here in April after the Judge's Schools I have been assigned to New Haven GA-23. During my initial few weeks, I had the opportunity to -- to sit with all the GA judges in rotation and this was a wonderful opportunity and experience to learn the local procedures at New Haven, and to learn from the Judges who had been there.
66 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. Since January 3rd, I have been assigned to the domestic violence docket. It is a (inaudible) docket in New Haven. I also preside over the youthful offenders arraignment on a daily basis. I have presided over the application for diversionary program almost all of the program like the accelerated rehabilitations, job education program, alcohol education program, and specifically the family violence education program which is a major part of the domestic violence docket.
The domestic violence docket is a very busy docket. It's a very sensitive docket. And I (inaudible) the matters almost on a daily basis to the alternative incarceration program, specifically the evolve program.
The job I have found to be extremely interesting, challenging and ultimately extraordinary rewarding.
The support I get from my colleagues, court staff, court personnel is very very tremendous. It has been an honor to serve as a superior court judge and I look forward to any questions you may have.
REP. FOX: Thank you, your Honor.
Senator Gomes.
SENATOR COLEMAN: Good afternoon.
THE HON. MOHAMMAD NAWAZ WAHLA: Good afternoon, Senator.
SENATOR GOMES: I just wanted to congratulate you and welcome you back and I -- I appreciated you sending me an invitation to come and appear in your court and see how well you're doing.
67 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. THE HON. MOHAMMAD NAWAZ WAHLA: Thank you, Senator.
SENATOR GOMES: And I hope that you have an interesting career.
THE HON. MOHAMMAD NAWAZ WAHLA: Thank you, sir. Thank you very much.
REP. FOX: Senator Kissel.
SENATOR KISSEL: Thank you, Chairman Fox.
Congratulations, your Honor.
THE HON. MOHAMMAD NAWAZ WAHLA: Thank you, sir.
SENATOR KISSEL: And again, the impact of the recession on -- on the folks that you see on a day-to-day basis, and is there anything that we can do or learn from those experiences here in the Legislature?
THE HON. MOHAMMAD NAWAZ WAHLA: Senator Kissel, as has been mentioned by my colleagues, obviously, the recession is a big factor.
In New Haven, where I am sitting, specifically, I think I see very very few Pro Se. We are very fortunate in New Haven that almost all of the people are being represented by the Public Defenders office. They almost do not say no to anyone. So I don't see many Pro Se where I'm sitting, but obviously I, you know, share the -- the sentiment which has been expressed by my colleagues, and that is the economics. And I think as the Legislature you have the wisdom and the -- the resources at your disposal to work with the system, sir.
REP. FOX: Thank you. Are there any other questions?
No? 68 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
Well, thank you. Congratulations on being nominated for the full eight-year term.
THE HON. MOHAMMAD NAWAZ WAHLA: Thank you so much, Representative Fox. Thank you.
REP. FOX: Next and finally, as far as our Judges of the Superior Court, we have the Robin L. Wilson of New Haven.
Your Honor, do you swear that the testimony you're about to give before the committee will be the truth, the whole truth, and nothing but the truth?
THE HON. ROBIN L. WILSON: Yes.
REP. FOX: Thank you.
Do you have an opening statement?
THE HON. ROBIN L. WILSON: Yes, I do. Yes, I do.
REP. FOX: Good afternoon, Representative Fox, Senator Kissel, Representative Hetherington and distinguished members of the Committee. I am honored and thankful to appear before you today. I also want to thank Governor Dannel Malloy for nominating me to be reappointed for a second term as a Superior Court Judge.
Since my nominating to the bench in 2003, I was assigned to GA-20 in Norwalk from June 2003 to September 2004; Stamford Judicial District, Criminal Jury, from September 2004 to September 2005; Bridgeport Superior Court for Juvenile Matters from September 2005 to September 2006; Middlesex Judicial District, Regional Child Protection Session, from September 2006 to March 2009; and presently from March 2009 to the present, I currently sit in the New Haven 69 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. Judicial District in the Civil Division.
It has been a privilege and an honor to serve as a Superior Court Judge for the past eight years and I look forward, with your approval, to be able to continue my public service.
Thank you. And I am happy to answer any questions that you all may have.
REP. FOX: Thank you, your Honor.
Are there any questions from members of the committee?
Representative Dillon.
REP. DILLON: Good afternoon, and congratulations. It's really nice to see you again so soon. I wanted to welcome you up here. And I know that took the time to meet with some New Haven area legislators the other day with some other officers of the court, and it really meant a lot to our information level and I really wanted to thank you for that courtesy. And I'll be happy and proud to support you.
THE HON. ROBIN L. WILSON: I just want to say it also meant a lot to the New Haven Judicial District staff as well as the Judges to welcome the Legislators to the courthouse. So thank you.
REP. FOX: Senator Meyer.
SENATOR MEYER: Colleagues, Judge Wilson gave a wonderful Martin Luther King, Jr., breakfast talk as a key-noter last week and I just wanted to draw that to the attention of all of you. Judge, you have a marvelous sense of values. You articulate and communicate beautifully and I wish you the very best in your reconfirmation.
70 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. THE HON. ROBIN L. WILSON: Thank you, Senator Meyer.
REP. FOX: Senator Gomes.
SENATOR MEYER: I also want to welcome you. We had a little conversation prior to the -- you testifying and you said you had brought me a greeting from?
THE HON. ROBIN L. WILSON: From Judge Silbert, personally. I told him I was going to go on the record, too, so.....
SENATOR GOMES: Yeah, well --
THE HON. ROBIN L. WILSON: He sends his best regards to you.
SENATOR GOMES: Him and Judge Arterton were, years go, in the late seventies worked for the Joe Garrison Law Firm in New Haven and they were on retainer to United Steelworkers and they were our lawyers. And they -- they turned out to be the best, too.
I want to welcome you here, and if you're anywhere near -- if you've got a career that's anywhere near the friends that you have, you're going to be amazing judge. THE HON. ROBIN L. WILSON: Judge Silbert is a great presiding judge in Civil in New Haven.
SENATOR GOMES: He was a hell of a lawyer too. So was Janet Arterton. As you see, she's a judge now too.
THE HON. ROBIN L. WILSON: Yeah.
SENATOR GOMES: Thank you.
REP. FOX: Thank you, Senator.
Senator Kissel. 71 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
SENATOR KISSEL: Thank you very much, Mr. Chairman.
Again, the question regarding the recession and especially as it pertains to your experience in the child protection division which may or may not have been at the exact right time, but I'm guessing, based upon your experiences on the bench that perhaps there are areas where commitment of state resources can be most valuable.
THE HON. ROBIN L. WILSON: I will say this, that I understand it's very hard times and, you know, we're in a recession but whatever you can give to kids, okay, because I sat in Juvenile for three and a half years, whatever resources you can spare, taking into consideration the recession that we are in would be most grateful.
SENATOR KISSEL: Based upon your experiences, do you feel that most of our young people, even if they're involved in the criminal justice system, can be redeemed, and that if there's just that safety structure, that safety net out there, that we can break that cycle of recidivism, because that's a perennial question. Okay.
THE HON. ROBIN L. WILSON: I will tell you my experience because I'm very committed. I sit on the Youth Commission for the City of New Haven, I'm also a member of Delta Sigma Theta Sorority Incorporated, and we have the Delta Academy, Delta Gym program for young girls ages 8 through -- I'm sorry -- 11 through 18, and I think one of the most empowering things for youth is mentoring. I've personally observed that. You cam turn a kid's life around by just having a particularly young boys of color, male mentors are absolutely necessary.
I'm -- I'm actually mentoring a young man who I 72 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. knew from a baby actually, and he's now 20. He's a good kid. He's a good kid. Had I not paired him with a male mentor who happens to be the Deputy Chief of Staff in New Haven who sits on the Mayor's Commission, Youth Commission, I paired him with Shay Dawson. And this kid is now in college, taking a full load, and he's also working 20 hours a week. And but for that pairing, okay, with -- with Shay, he probably would have gone off on the wrong path. So I would say whatever little -- whatever resources you can spare for juveniles or would be for mentoring. It's the most empower -- I've seen it with my own eyes. It's the most empowering tool for young kids, for youth.
SENATOR KISSEL: Thank you for those insights. I really appreciate it.
And thank you, Mr. Chairman.
REP. FOX: Thank you, Senator Kissel.
Are there any other questions from members of the committee?
Representative Gonzalez.
REP. GONZALEZ: Good afternoon, your Honor.
THE HON. ROBIN L. WILSON: Good afternoon.
REP. GONZALEZ: When you said mentoring kids and you said that you paired this kid with somebody in court, what else? What else --
THE HON. ROBIN L. WILSON: I didn't pair him while I was in court. I sit on the Youth -- I was appointed to the Youth Commission as, you know, it's part of my community service. And this young man happens to be someone that I've known since a child, and I saw where he was taking the 73 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. wrong path. He's a good kid. He really is a good kid. And I saw where he could go the right way or the wrong way.
So I was contacted by his grandmother, I know his grandmother, and I immediately -- being on -- part of my job being on the Youth Commission in New Haven is to ensure that youth services in New Haven are given out -- you know, dolled out to kids and this young man is from the New Haven area. So immediately I contacted one of my commission members, co-members Shay Dawson, and I asked him if he would mentor this kid. And he is mentoring him currently.
REP. GONZALEZ: Okay.
THE HON. ROBIN L. WILSON: I don't know if I'm answering your question.
REP. GONZALEZ: Yeah, yes. I would like to know as a Judge --
THE HON. ROBIN L. WILSON: Sure. Oh, as a judge, okay.
REP. GONZALEZ: As a Judge --
THE HON. ROBIN L. WILSON: Uh-huh.
REP. GONZALEZ: -- do you walk an extra mile to help one of these kids? What are you allowed, as a Judge?
THE HON. ROBIN L. WILSON: I'll give you an example of what I did as a juvenile judge sitting delinquency. Part of the condition that I would have to impose for whatever offense they may have, you know, committed and we get to the point where they're on -- going to be on probation, part of that probation would be for them to read the book Gifted Hands by Doctor -- his name is -- 74 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. he's the -- he's the neurosurgeon, Ben Carson. And the reason I tell them to read that book is because Dr. Ben Carson didn't have it easy. Okay. He had obstacles that he had to go through but he worked through them.
So one of the conditions that I required, they had to read the book and they had to write a one-page essay and apply it to them. And -- and, I -- you know, I told the probation officers to make sure that it -- it got done, and as I was coming here today, I guess there's this child forum, that's the juvenile forum that's going on, and I saw a public defender that I had met when I was in -- sitting in Bridgeport, and he said to me that another judge had ordered that the child, as part of probation, read Dr. Carson's book. But those are the kinds of things that I would do because I think that rather than just imposing a punishment, you know, you have to get these kids thinking about I can do the next -- I can take the next step. I can go to college. I could, you know, I can do it. I mean, you have to instill that into them. And that's one of the ways I do that.
And then I, through community service, the Delta Academy/Delta Gyms program, we mentor young girls and then my position on the Youth Commission.
REP. GONZALEZ: Do you deal with a lot of motions to suppress. I've been asking this question because a lot of problems, you know, here in Hartford, and that's why I been asking that question.
THE HON. ROBIN L. WILSON: I don't anymore. But I've had -- I've had two or three sitting in Norwalk GA one I granted the motion to suppress, and the other one I denied the motion to suppress. That was in Stamford. I'm thinking of two. In fact, the one in Stamford, State v. Mullins, is the case, that motion -- that granting of the motion 75 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. to suppress was appealed and the Supreme Court actually that case was -- was transferred from Appellate to the -- the Supreme Court, under the rules, can take the case. They took it. They affirmed my granting of -- I mean, my denial of the motion to suppress. That's State v. Mullins. I can't give you the actual citation but State v. Mullins. So I denied it. That was a Stamford case.
In Norwalk, I granted. That's a case that you all are very familiar with and that's Ayanika (inaudible). In that case -- for other reasons, but in that case, I did grant the motion to suppress, but that wasn't the issue that went up on appeal, it was a different issue.
REP. GONZALEZ: And knowing that you have to deal with a lot with youth, and -- and that's one of the problems here in Hartford, a lot of parents are complains about, you know, the treatment. There's, you know, youth, you're not receiving a -- do you believe that -- that the police always are telling the truth?
THE HON. ROBIN L. WILSON: Well, I'm not actually in Juvenile currently. I'm in Civil. But when I was in criminal, I won't say juvenile. When I was in criminal, in fact, I can tell you the Mullins case the issue of credibility regarding the police officers came up. I weighed the credibility of both the Defendant, who actually he didn't testify the motion to suppress, the police officers did, and there were witness that would, I believe, caused by his descent in that case. And I -- I weighed the credibility of the police officers. I'm not saying that they can't what they call testilie, but my job is to weigh the credibility of the witnesses that come before me. And in that case, I weighed the credibility of -- of all that come before me and based on the evidence, based on the law as it applied to the 76 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. evidence, I grant -- I mean, I denied the motion to suppress.
Nobody is infallible. So, I mean, I don't know if I'm answering your question but, sure, you know, there may be times when that occurs, but it has not happened before me.
REP. GONZALEZ: Okay. Thank you.
THE HON. ROBIN L. WILSON: Thank you.
REP. FOX: Thank you, your Honor.
Are there any other questions from members of the committee?
Seeing none, thank you very much.
THE HON. ROBIN L. WILSON: Thank you.
REP. FOX: That concludes the judicial nominees to be interviewed. We now turn to the public portion of the public hearing and we have two names on the sign-up which I assume want to testify simultaneously. It's Ed Gavin and Jennifer Zito from the Connecticut Criminal Defense Lawyers Association.
Is there anybody else here from the public who would like to testify and be added to the list?
JENNIFER L. ZITO: Chairman Coleman, Chairman Fox, Vice Chair Kissel and distinguished members of the Judiciary Committee, my name is Jennifer Zito and I am the president of the Connecticut Criminal Defense Lawyers Association.
We have in excess of 300 members who regularly practice in our courts representing criminal defendants on a daily basis. Our lawyers have been asked by the board of our organization to 77 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. submit comments on the judges they appear before regularly. We are here today to submit to you testimony about the reappointment of this slate of judges.
First, I'd like to congratulate the chairman on your appointments and we're happy to be here and to testify. We will be here before you several times this session on various bills, but one of the things that we feel we are very qualified to do is give you input on the judges we see each day who rule on the liberty and the futures of Connecticut's citizens.
And our members -- Ed will testify, Ed Gavin will testify more fully on how we have gathered these commentaries and he has submitted to you a package -- hopefully everyone's gotten a copy -- of our comments on this particular slate of judges.
As some of you may know, our comments were somewhat --
A VOICE: Favorable?
JENNIFER L. ZITO: No. Our comments this year are very favorable and I'm very pleased to represent that you, that all of the comments contained in this particular packet are favorable to the judges.
We'd like you to know that we not only criticize judges but we will stand behind them and support them fully when we feel that they are doing a good job in administering justice in the state of Connecticut. So I'll turn it over to Ed Gavin to elaborate.
EDWARD J. GAVIN: Thank you. I would second the comments of President Zito on the selection of Representative Fox and Senator Coleman, the 78 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. chairs of this committee.
We've been coming here for a number of years. We're the only bar association that submits commentaries on the reappointment and selection of judges. We provide them first to the judicial selection commission and then on Monday we came up and provided 55 copies. So hopefully every member of the Judiciary Committee has seen our comments. They're solicited by me as the committee chairperson on a personal website that comes into me. We don't cut and paste comments about judges during the course of the year. We ask for comments regarding individuals that know the judges and appear before them in every day affairs.
We have comments in regard to Justice DiPentima, Judge Bellis, O'Keefe, Wilson, Schimelman, Pinkus. I think it would be fair to say that they are all very, very favorable and I think you have a tremendous slate of judges that are up for reappointment here today. We've asked our members, that they go ahead and comment in regard to their experiences.
Jennifer and I are in criminal court every single day. We don't appear in front of every judge in the state. We don't appear in front of the family judges or the foreclosure docket judges, but we do appear before the criminal judges and we're here to answer any questions that you have.
And as Jennifer says, we've been coming here for years. We will hope to be here before you for many more years and welcome any questions that you have.
Thank you.
REP. FOX: Are there any questions from members of the committee? 79 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
Just -- well, Representative Gonzalez.
REP. GONZALEZ: Good afternoon.
EDWARD J. GAVIN: How are you?
JENNIFER L. ZITO: Good afternoon.
REP. GONZALEZ: I've got a question and my question is, what do you think about a judge that in a case in court will mention 20 times to the lawyer, to the defendant lawyer, well, the prosecutor went with me to college, the prosecutor is my friend; been together for so many years.
You know, what do you -- what is your comment about that? What do you think about that if something like that happened in court when a judge is, all the time, you know, saying that to the lawyers? Your opinion about that?
JENNIFER L. ZITO: I've never experienced that personally and I don't know that that goes on, but I think it's important that the judge appear neutral to the public. It's very important that the courtroom have integrity and neutrality.
And certainly if there is a very close relationship between a judge and the prosecutor, perhaps that should be worked out with a recusal or worked out in a way that the defendant knows that he or she is getting a fair shake in the courtroom that day. I think it's very important.
REP. GONZALEZ: So that's not -- I don't think that that's a professional, you know, to do something like that. And in a way it's kind of intimidating, the defendant's lawyer by saying in a way I will do whatever he asks me to because he's my friend. 80 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
JENNIFER L. ZITO: I mean, I hear regularly that judges will say, you know, I respect the prosecutor's position in this particular case. And I think obviously that's fair and appropriate, but certainly if it's meant to intimidate or threaten any defendant or defense attorney then that would -- that should be brought up and addressed.
REP. GONZALEZ: Thank you.
REP. FOX: Senator Doyle.
SENATOR DOYLE: Thank you, Mr. Chairman.
Thank you for coming today and thank you for your work. And I'm not stating this to be critical, but it's kind of an observation. Last year I read your book that had anonymous submissions. And then today I read your one with the actual names.
And I'll be honest, I don't think either one -- the anonymous is too much, but then I hate to say it, the written is also, they're all complementory. I don't know if there's a way you can maybe do a happy medium somehow, because I think the new way, lawyers are reluctant to criticize, maybe be honest. I'll be honest, you know].
EDWARD J. GAVIN: Can I?
JENNIFER L. ZITO: Sure.
SENATOR DOYLE: Sure.
EDWARD J. GAVIN: Thank you. If I could just address that. We felt as an organization that it was unfair to judges to have somebody criticize them without signing their name. 81 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M.
SENATOR DOYLE: I agree totally.
EDWARD J. GAVIN: And however we were also balancing -- the judicial selection commission submissions clearly indicate -- and these were turned over to judicial selections -- that anonymous submissions were welcome.
So we went to our membership and we said to them, look, you have the right to go ahead and sign things anonymously and there may even be anonymous submissions in this packet.
SENATOR DOYLE: There's one in here, I think, yeah.
EDWARD J. GAVIN: Maybe one.
SENATOR DOYLE: Which is negative.
EDWARD J. GAVIN: We really worked very hard to encourage people to go ahead, good or bad and sign their name based on their experience.
Now for example, this is a small universe of judges that have come forward. Next year we have 27 judges that are up for reappointment that I'm compiling right now. And I'll represent to you right now that there are judges in that group where people are signing their names that are maybe not as favorable as the comments that you have here. I think you just have a small universe of judges.
We think it's more credible to stand before you to say this is a member's name. He's tried three cases in front of this judge and he's critical because of A, B or C. Or he's favorable because of A, B and C, and sign their name.
So we've really gone out of our way to encourage the members to go ahead and sign their name, 82 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. good, bad or indifferent. I think you're going to see that in the next packet that we present to you.
SENATOR DOYLE: Yeah. So maybe you're making your point]. It's well taken. Then a lot of these judges are new judges; have been on the bench for a short time.
And then the senior judges or referees are people who are probably less likely to really, you know,] a lot of them are doing favors for us so it's not, you know, to serve us, so it's maybe it's not as critical. So maybe your point is well taken then. Maybe I'm --
EDWARD J. GAVIN: In this submission to you when we went back -- because don't forget, we have to do it a year ahead of time, because we've got to go to the judicial selection. So you have some interim judges that are here that are up for renomination today; are not included in our submission because they weren't on the slate for judicial selection last year. So there's no comments in regard to those new judges.
And I think -- I would agree with you, Senator, that there are some very, very experienced judges that are up for reappointment here. Judge O'Keefe, Judge Bellis, that have been in a criminal courtrooms that we've all known and respect and have very high opinions of.
So it's not a newcomer that maybe there's] been some rough sailing.
SENATOR DOYLE: Okay.
JENNIFER L. ZITO: I think, too, Senator, you have to appreciate the position we've put our members in. You know, it's obviously much easier to put your name to a favorable comment than to a critical 83 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. comment, because we have to appear before these judges every day and we certainly can't risk any disfavor to our clients because of our own action.
So people are very reticent to sign their names to critical comments just for, not because we think a judge will intentionally retaliate, but certainly we're all human and, you know, if there's any kind of disfavor for the lawyer from the judge it will be taken out on a client, you know, potentially.
So I think lawyers are very reticent when it comes to being critical. We are encouraging them to stand up and to speak because I think our voices need to be heard and we are probably the most qualified people to talk to you about criminal judges.
I mean, the prosecutors, other than the prosecutors we are the body of lawyers that appear before the judges every day. And I think that, you know, the lawyers who are there on a daily basis and see these judges practicing on a daily basis are the most competent to give you feedback.
That having been said, relative, you know our last submission was very controversial -- was the word I was looking for earlier. It was controversial because of some of the comments we made anonymously that were negative toward a particular judge. I think that -- and I hope that this committee will recognize that, you know, we're here today with a book of favorable comments because we want you all to know that we will support judges who deserve to be supported.
And, you know, we're not just going to come up here and talk about judges that are acting inappropriately. We want to have the credibility 84 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. so that you know we will be fair and judicious and we will give you critical comments as well as favorable comments.
SENATOR DOYLE: I do appreciate your efforts, your comments that you just stated. And with our discussion I look forward to next year's. I think the course is -- you've made my point] clear that maybe it will work out. Next year it will be a little better.
But again, I appreciate all your hard work and I'm sure the committee does, too. We certainly appreciate reading third-party reviews of judges.
Thank you very much, Mr. Chairman.
EDWARD J. GAVIN: Thank you, Senator].
JENNIFER L. ZITO: Thank you, Senator].
REP. FOX: Thank you.
Representative Gonzalez, for the second time.
REP. GONZALEZ: For the second time, thank you for the second time, Mr. Chair].
When you said that you really believe that the judges don't retaliate against -- against lawyers. And really why you think that they are anonymous? That they send, you know, when they have their opinion, it's anonymous. Do think that it's anonymous because they don't want their name there? Or do you really believe that it's anonymous because judges retaliate against lawyers in court?
JENNIFER L. ZITO: I think we like to believe they won't intentionally retaliate. So I would -- I certainly am not going to tell you that someone has done something directly to us because of 85 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. comments we've submitted. I have not seen that.
It's our hope that there will not be retaliation, but I said, we're all human. And certainly it's possible that people who appear before the same judge on a daily basis would be concerned that there might be some disfavor shown to them because of comments that were submitted. And therefore I just would like the committee to understand why the anonymity is -- is, you know, sometimes called for.
EDWARD J. GAVIN: Representative Gonzalez, can I just add this? We have 300 members. Some are old guys like me that are losing their hair and have gray beards. Some are new lawyers. And the new lawyers sometimes could be apprehensive to be critical of a judge and that's a fact of life. Whereas experienced practitioners, if we thought that a judge was treating a client of ours unfairly, we go ahead and move to recuse the judge.
And so I think that there's sort of a balancing act between new lawyers that are trying to find their ground and trying to get their feet on the ground and maybe are concerned about commenting if they're a lawyer in one particular courthouse and they appear before that judge every day for three or four hours in regard to maybe making comments that aren't particularly rosy about the judge.
Whereas older people that have been around, we're not afraid to go ahead and do so.
REP. GONZALEZ: And I really believe that we should, you know,] protect the good judges out there] because I'm not saying that all the judges are bad or all the judges are good. I know that you have good and bad out there]. I used to work in court and I still go to court, you know, and I 86 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. was, you know, (inaudible)].
And I know that there are some judges, my God, that they think that, you know, they are -- they control the court. You know, this is my court and I will do whatever I want in here. And sometimes they are so, you know,] with the lawyers that -- even with the staff. And I know about that.
So that's what I'm saying that, you know, some of these lawyers, when they send, you know, a comment about one of the judges, you know, and it's a bad or it's not, you know, a good comment, that's why they sent it as anonymous because they are scared of retaliation. And I know that that's going on in court.
I'm not saying that, you know, all the courts and all the judges -- because I don't think it's fair for me to say that because they -- we have very good judges, but we know it's going on.
Thank you.
EDWARD J. GAVIN: Thank you.
JENNIFER L. ZITO: Thank you.
REP. FOX: Thank you. And just to follow up on what Senator Doyle and Representative Gonzalez were discussing, it does help if the attorneys are willing to put their names to it. And I recognize that they may have some trepidation, but they're asking us to potentially vote no on a judge.
And if a comment is written that's harsh on a specific judge and it's labeled anonymous, we don't know the experience of that person. You know, we don't know if that person had one trial and had a bad experience that might have been the 87 January 26, 2011 rgd/mb/gbr JUDICIARY COMMITTEE 10:00 A.M. fault of a number of different things or if it's an experienced practitioner who has won cases, lost cases and has been around for a while. So it does help us as well.
EDWARD J. GAVIN: Absolutely.
JENNIFER L. ZITO: And we are encouraging people to put their experience in their comments as well.
REP. FOX: Yes. So -- and I see that you're doing it and we do appreciate it. And thank you for taking time to be here today to testify.
EDWARD J. GAVIN: Thank you very much.
JENNIFER L. ZITO: Absolutely. Thank you.
REP. FOX: And are there any other members of the public a wish to speak on any of the judges before us today?
Seeing none, I will close the public hearing.
What we'll do is take a recess, a short recess until two o'clock, about ten minutes and then we'll vote on the judges as well as raise bills.
So we're adjourned until two o'clock.