Public Finance

Shipman has been representing Connecticut governmental and quasi-public agencies for more than 40 years.  The quasi-public agencies that we have represented at various times during that period include: the Connecticut Housing Finance Authority (CHFA); the Connecticut Health and Educational Facilities Authority (CHEFA); Connecticut Innovations, Incorporated (CI); the Connecticut Green Bank; the Capital Region Development Authority (CRDA) the Connecticut Health Insurance Exchange (CHIE), the Connecticut Lottery Corporation and the former Connecticut Development Authority (CDA).

We are very familiar with the special legal requirements, and the related opinions and positions of the Office of the Attorney General, bearing on contract terms when the State or a quasi-public agency of the State is a party.  We are also familiar with State contracting requirements relating to non-discrimination, set-asides, prevailing wage, campaign contributions, gifts and independent consultant requirements, and the applicability and non-applicability of those requirements to particular contracts or to particular parties.  Finally, we are knowledgeable with respect to the Code of Ethics for Public Officials and the Freedom of Information Act, and regular advise State and local clients as to the applicability of particular Code of Ethics or FOI requirements, and the availability of exemptions and exceptions, that can be placed at issue in the context of public and private development agreements and projects.  

Our environmental attorneys regularly represent public and quasi-public agencies on the local, state and federal levels with respect to a myriad of environmental issues, including in connection with the cleanup and redevelopment of contaminated properties (“brownfields”), due diligence in purchase or sale transactions, as well as contracting, financing, permitting and enforcement matters.  Unlike other firms our size, our environmental attorneys also have significant experience representing our public entity clients in connection with “legacy” matters such as asbestos, lead paint and air quality issues, and more recent matters such as PFAS and regulatory requirements for hockey rink operations.

The work we have done for our governmental and quasi-governmental clients includes:

• drafting of quasi-public agency and program legislation;
• drafting of bylaws;
• development of policies and procedures relating to personnel, contracting, procurement, bonding, financial assistance programs and other matters;
• formation of quasi-public agency subsidiaries, including most recently the formation of and drafting of organizational documents for CHEFA Community Development Corporation, a subsidiary of the Connecticut Health and Educational Facilities Authority established to access federal new market tax credit programs;
• development of personnel policies, employee handbooks, etc.;
• Freedom of Information Act compliance, including public meeting requirements and public records requirements and proceedings before the Freedom of Information Commission;
• Code of Ethics compliance, including requests for informal staff advisory opinions and formal ethics opinions;
• executive and incentive compensation arrangements, including tax issues raised by those arrangements;
• advice regarding the applicability of, and compliance with, Executive Orders of the Governor;
• negotiating and drafting office space leases;
• development of policies regarding the defense of claims against directors, officers and employees and the reimbursement of defense costs consistent with the statutory right of indemnity arising under Section 1-125 of the General Statutes and applicable Attorney General Opinions;
• compliance with statutory reporting requirements;
• advice regarding participation of quasi-public employees in the State Employee Retirement System and State benefit plans;
• consideration and advice concerning various Attorney General’s Opinions bearing on quasi-public agencies;
• advice on insurance matters, including directors and officers insurance for quasi-public agencies;
• advice on employment matters, including the defense of employment-related claims;
• real estate, finance and other transactional matters; and
• defense of lawsuits in the state and federal courts naming quasi-public agencies or quasi-public agency directors, officers or employees as defendants.

We have served as underwriter’s counsel in general obligation and revenue bond issues for cities, towns and regional school districts and in revenue bond issues of various quasi-public agencies including the Connecticut Health and Educational Facilities Authority. Such revenue bond issues have included Section 501(c)(3) bonds issued to finance capital projects of colleges and universities, hospitals, assisted-living facilities and independent schools.