In 2004, in the wake of then-Gov. John Rowland’s politically motivated budget cuts to the state’s three main watchdog agencies, the General Assembly passed a law limiting the governor’s discretionary authority to cut the budgets of those agencies. The law is clear: “Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the [watchdog agencies].” The agencies—the Freedom of Information Commission, Office of State Ethics and the State Election and Enforcement Commission—remain subject to the legislative appropriations process, but they are insulated from gubernatorial cuts. Thus, the 2004 law reflects the General Assembly’s appreciation of the importance of the watchdog agencies and the need to protect their status as independent agencies.

Last week, Office of Policy and Management Secretary Benjamin Barnes informed the heads of the watchdog agencies that OPM no longer feels bound by the 2004 law. Secretary Barnes apparently believes that legislation passed during the most recent legislative session effectively repealed the 2004 law. He points to sections in the budget bill that increased the governor’s rescission authority over executive branch agencies for fiscal year 2017. But those sections make no mention of the 2004 law and, thus, did not expressly repeal that law. Further, the law is well-settled in Connecticut that repeals by implication are not favored and will never be presumed where the old and new statute may well stand together. Any argument that the recent legislation repealed the 2004 law by implication is unpersuasive.

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