Office of the Claims Commissioner
At a Glance
JAMES
R. SMITH, Commissioner
Established
–
1959
Statutory
authority – CGS Sec. 4-141
Central
office -
18-20 Trinity Street,
Hartford, CT 06106
Mission
For instances in which
there is no statute specifically granting permission to sue, the legislature
has adopted a statutory scheme which allows persons to petition the Claims
Commissioner for permission to sue the state.
The State,
unlike most of its citizens, is immune from liability and from suit. Without
the consent of the General Assembly, the State cannot be held liable in a legal
action for any damage or injury it may cause or for the cost of any good,
service or benefit it may have received.
Article
Eleventh, Sec. 4 of the Connecticut Constitution provides that: "Claims
against the state shall be resolved in such manner as may be provided by
law." For certain actions, the Connecticut General Assembly has waived the
sovereign immunity of the state by statute. Connecticut General Statute §
13a-144 permits persons alleging injuries or losses caused by a defective
highway or bridge to file suit against the Commissioner of Transportation in
Superior Court. CGS § 52-556 grants permission to sue when an alleged injury
results from a motor vehicle accident involving an insured state vehicle
operated by a state officer or employee.
CGS § 4-61
authorizes those who have entered into a highway or public works contract with
the state to bring disputed claims directly to court. CGS § 4-197 authorizes
those aggrieved by a violation of the law protecting the privacy of personal
data about state employees to sue for damages. CGS § 17a-550 allows a person
injured by a violation of the patient's bill of rights for mentally ill people
to sue the state or its commissioners for damages. CGS § 19a-24, allows people
to sue the commissioners of Public Health and Mental Retardation, their staffs,
and certain other related entities for official acts or omissions if the damage
claims exceed $ 7,500.
In most
other cases where there is no legal or administrative remedy available. A
person claiming to be injured or damaged as a result of state action must
pursue a claim through the Office of the Claims Commissioner. The legislation
implementing this process is set forth in Chapter 53 of the General Statutes.
Those provisions define the duties and jurisdiction of the Claims Commissioner,
who is appointed by the Governor with approval of the General Assembly, and has
the duty to decide when it is "just and equitable" to waive the
sovereign immunity of the state.
The Claims
Commissioner hears and considers claims made against the State and decides
whether a claim is a "just claim". Connecticut General Statute § 4-141
defines a "just claim" as a claim which in equity and justice the
state should pay, provided the state has caused damage or injury or has
received a benefit.
Certain
claims are "excepted" from the jurisdiction of the Claims
Commissioner, including (1) Claims for the periodic payment of disability,
pension, retirement or other employment benefits; (2) claims upon which suit otherwise is
authorized by law including suits to recover similar relief arising from the
same set of facts; (3) claims for which
an administrative hearing procedure otherwise is established by law; (4) requests by political subdivisions of the
state for the payment of grants in lieu of taxes, and (5) claims for the refund
of taxes. CGS § 4-142. If a claim filed is "excepted" by statute the
Commissioner lacks jurisdiction and the claim must be dismissed.
For claims
under $5,000 the Commissioner may waive a hearing and proceed upon affidavits
filed by the claimant and the state agency concerned. CGS § 4-151a. For claims
in excess of $5,000 the Claims Commissioner conducts a formal hearing pursuant
to CGS § 4-151.
After a
hearing, if the Claims Commissioner decides that a claim is a "just
claim" because the alleged damage or injury was caused by the state, or
because the state received a benefit, the Commissioner may either award payment
in an amount up to $7,500 (CGS § 4-158) or recommend payment in excess of
$7,500 to the General Assembly (CGS § 4-159).
If
requested by the claimant the Commissioner may grant authorization to sue the
state in Superior Court if in the Commissioner's opinion, the claim is just and
equitable and presents an issue of law or fact under which the state, were it a
private person, could be liable, CGS § 4-160. Those claims are then tried to a
court (not a jury). Appeals from
decisions of the Commissioner are made to the General Assembly, CGS § 4-154.
The
commissioner exercises jurisdiction only under the precise circumstances and in
the manner particularly prescribed in the General Statutes. The parties cannot confer jurisdiction upon
the commissioner by agreement, waiver or conduct. Although the State is
represented, in most cases, by the Attorney General's Office, the Claims
Commissioner has an independent duty to insure that only "just
claims" are granted.
Prior to
1959 claims against the State were brought to the General Assembly by
submission of individual bills. Because of the substantial burden imposed by an
increasing number of such bills, the General Assembly enacted House Bill No.
4003 establishing a three person Claims Commission to hear and decide claims
against the state. In 1977 a single Claims Commissioner replaced the Claims
Commission.
The Claims
Commissioner's staff currently consists of three full-time employees; the Clerk
of the Office of the Claims Commissioner, an administrative aid and a
paralegal. A part-time (per diem) hearing officer is employed, as budgetary
considerations will allow.
During
fiscal year 2005 / 2006, the Commissioner received 336 new claims. A total of
524 claims were adjudicated or disposed of.
Of the 336
claims filed this year, 87 were filed by inmates. Of the 524 claims adjudicated
during this year, 221 were claims which arose while the claimant was an inmate
and in the custody of the Department of Correction, and 118 of those inmate
claims sought damages for the loss of personal property. The remainder alleged
injury or other losses which occurred during incarceration.
Of the 524
claims adjudicated, 158 were either abandoned or withdrawn. Of the remaining
366, the Commissioner found that 97 were "just claims". The
Commissioner entered awards totaling $73,647.35 for 91 claims where the award
did not exceed $7,500. Six (6) claims were referred to the General Assembly for
proposed awards in excess of $7,500. Twenty-three (23) additional claimants
were granted permission to sue the state.
The Office
of the Claims Commissioner has a website and is currently providing "online"
information and assistance to the public.
Public Act
No. 01-167, which was passed during the 2001 session of the General Assembly,
essentially requires that claims against the state be adjudicated within two
(2) years of the date of filing, unless those time limits are waived by the
claimant. The Office of the Claims Commissioner has been able to reduce the
backlog to a level that insures compliance with that statute. Compliance has
been accomplished with minimal additional resources and expense.