article-eleventh•Constitution of Connecticut (2025 publisher edition) — Article ELEVENTH
Constitution of Connecticut (2025 publisher edition) — Article ELEVENTH
article-eleventhConnecticut Const. Article ELEVENTHConstitution
Publisher edition notice: The publisher identifies this compilation as revised to January 1, 2025. It preserves the annotated original 1965 text and all ratified amendments, alongside the Revisors' unofficial convenience version incorporating extant amendments. The latter does not supersede the original Constitution and amendments; later changes have not been independently verified.
Article ELEVENTH Revisors’ compilation incorporating extant amendments; publisher convenience version.
ARTICLE ELEVENTH. GENERAL PROVISIONS. (Official oath. Form.) Sec. 1. Members of the general assembly, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit: You do 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, accord- ing to law, the duties of the office of .... to the best of your abilities. So help you God. (Extra compensation to elected officials and public contractors prohibited; exception.) Sec. 2. Except as provided in this section, neither the state nor any political subdi- vision of the state shall pay or grant to any elected official of the state or any political subdivision of the state, any compensation greater than the amount of compensation set at the beginning of such official’s term of office for the office which such official holds or increase the pay or compensation of any public contractor above the amount specified in the contract. The provisions of this section shall not apply to elected offi- cials in towns in which the legislative body is the town meeting. The compensation of an elected official of a political subdivision of the state whose term of office is four years or more may be increased once after such official has completed two years of his term by the legislative body of such political subdivision. The term “compensation” means, with respect to an elected official, such official’s salary, exclusive of reimburse- ment for necessary expenses or any other benefit to which his office would entitle him. Historical Note: This section, as printed here, incorporates Article XIX., of the Amendments to the Constitution of the State of Connecticut. Said Article XIX., was adopted on November 24, 1982, and replaced “the general assembly nor any county, city, borough, town or school district” with “the state nor any political subdivision of the state” and “any public officer, employee, agent or servant” with “any elected official of the state or any political subdivision of the state”, and added provisions exempting elected officials of towns in which the legislative body is the town meeting from terms of the section, allowing one increase in compensation for officials whose term of office is four years or more after two years of a term have been served and defining “compensation”. (Emergency provision for temporary succession to powers and duties of public offices.) Sec. 3. In order to insure continuity in operation of state and local governments in a period of emergency resulting from disaster caused by enemy attack, the general assembly shall provide by law for the prompt and temporary succession to the powers and duties of all public offices, the incumbents of which may become unavailable for carrying on their powers and duties. (Claims against the state.) Sec. 4. Claims against the state shall be resolved in such manner as may be provided by law. (Effect of Constitution on existing corporations, officers, laws.) Sec. 5. The rights and duties of all corporations shall remain as if this constitution had not been adopted; with the exception of such regulations and restrictions as are contained in this constitution. All laws not contrary to, or inconsistent with, the pro- visions of this constitution shall remain in force, until they shall expire by their own limitation, or shall be altered or repealed by the general assembly, in pursuance of this constitution. The validity of all bonds, debts, contracts, as well of individuals as of -- 127 of 129 -- 270 CODIFIED CONSTITUTION Art. XIII INCORPORATING ALL EXTANT AMENDMENTS OF THE STATE OF CONNECTICUT bodies corporate, or the state, of all suits, actions, or rights of action, both in law and equity, shall continue as if no change had taken place. All officers filling any office by election or appointment shall continue to exercise the duties thereof, according to their respective commissions or appointments, until their offices shall have been abolished or their successors selected and qualified in accordance with this constitution or the laws enacted pursuant thereto.
Article ELEVENTH Original 1965 text and publisher annotations; retained historical context.
ARTICLE ELEVENTH. GENERAL PROVISIONS. (Official oath. Form.) Sec. 1. 1 Members of the general assembly, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit: You do 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, accord- ing to law, the duties of the office of .... to the best of your abilities. So help you God. 1 Applicable only to officer appointed after adoption of constitution. 5 C. 278. Cited. 135 C. 647. Even though a state referee had not taken an oath of office he is a de facto officer and validity of his acts is not open to challenge in a remonstrance. 136 C. 72. Cited. 162 C. 250; 179 C. 140; Id., 552. Cited. 3 CA 590. (Extra compensation to public officers prohibited.) Sec. 2.1 Neither the general assembly nor any county, city, borough, town or school district shall have power to pay or grant any extra compensation to any public officer, employee, agent or servant, or increase the compensation of any public officer or employee, to take effect during the continuance in office of any person whose salary might be increased thereby, or increase the pay or compensation of any public contrac- tor above the amount specified in the contract. 1 Amended by Article XIX, of the Amendments to the Constitution of the State of Connecticut. (Emergency provision for temporary succession to powers and duties of public offices.) Sec. 3. In order to insure continuity in operation of state and local governments in a period of emergency resulting from disaster caused by enemy attack, the general -- 41 of 129 -- 184 CONSTITUTION OF THE STATE OF CONNECTICUT Art. XI assembly shall provide by law for the prompt and temporary succession to the powers and duties of all public offices, the incumbents of which may become unavailable for carrying on their powers and duties. (Claims against the state.) Sec. 4. 1 Claims against the state shall be resolved in such manner as may be pro- vided by law. 1 Cited. 166 C. 251. State is immune from suit on claim for liability without its consent; Chapter 53 provides for adjudication of claims against the state with its permission. 172 C. 603. Cited. 177 C. 268. Sovereign immunity cited. 187 C. 94, 101. Issue of whether a municipality must specially plead governmental immunity to merit its consideration as a defense to an action alleging negligent operation of a city park discussed. Id., 180. Cited. 195 C. 534; 204 C. 17; 222 C. 280. Request for an order directing the chief court administrator to allocate sufficient resources to juvenile courts to eliminate alleged unlawful practices would not result in a violation of sovereign immunity. 244 C. 296. Exception to doctrine of sovereign immunity for actions by state officers in excess of their statutory authority or pursuant to an unconstitutional statute applies only to actions seeking declaratory or injunctive relief and not to actions seeking only money damages. 265 C. 301. Sovereign immunity bars action seeking monetary damages against state officials in their official capacities even when they acted in excess of statutory authority or pursuant to an unconstitutional statute. Id., 338. Exception to doctrine of sovereign immunity applies to equitable counterclaims by defendant in an equitable ac- tion brought by the state; the state does not waive its sovereign immunity for counterclaims seeking monetary damages simply by initiating litigation against a private party; when the state brings a cause of action, it waives its sovereign im- munity with respect to the procedure established for the action’s final and complete disposition in the courts, including an appeal or a writ of error. 310 C. 60. Doctrine of sovereign immunity protected defendant attorney general’s action in issuing a press release stating that the case involving the plaintiffs, nursing home operators, “was one of the most reprehensible and outrageous Medicaid frauds we have seen,” and that plaintiffs were engaged in the most “egregious” and “blatant” abuse of Medicaid funds he had ever seen and plaintiffs could not prevail on their claim that defendant’s behavior should be examined under standard in Sec. 4-165; such standard is inapplicable because liability under statute only applies when defendant has not established defense of sovereign immunity and such immunity applies to facts in this case. 67 CA 613. Legislature’s delegation of its equitable authority to the Claims Commissioner is unambiguous and unequivocal and does not violate constitutional principle of bicameralism. 133 CA 479. Statutes in derogation of sovereignty should be strictly construed in favor of the state. 26 CS 24. (Effect of Constitution on existing corporations, officers, laws.) Sec. 5.1 The rights and duties of all corporations shall remain as if this constitution had not been adopted; with the exception of such regulations and restrictions as are contained in this constitution.2 All laws not contrary to, or inconsistent with, the pro- visions of this constitution shall remain in force, until they shall expire by their own limitation, or shall be altered or repealed by the general assembly, in pursuance of this constitution. The validity of all bonds, debts, contracts, as well of individuals as of bodies corporate, or the state, of all suits, actions, or rights of action, both in law and equity, shall continue as if no change had taken place. All officers filling any office by election or appointment shall continue to exercise the duties thereof, according to their respective commissions or appointments, until their offices shall have been abolished or their successors selected and qualified in accordance with this constitution or the laws enacted pursuant thereto. 1 Right of general assembly to divide towns and school districts not taken away by section. 14 C. 469. But it is not competent for general assembly to divide an ancient ecclesiastical society established before the adoption of present constitution. 23 C. 269–277. Resolution of general assembly passed prior to adoption of constitution thrusting whole burden of maintenance of bridge on one town not unconstitutional. Id., 419, 420. Towns originally constituting colony of Connecticut not corporations in proper sense prior to constitution of 1639; review of history and power of towns. 32 C. 131. No rights or franchises contemplated except such as were then existing; and a right to have and enjoy a new tribunal cannot be regarded as one actually possessed. 36 C. 448. Act of 1889, providing that secretary of state board of education shall be a member of every school committee, etc., not unconstitutional as conflicting with section, because towns did not have right when constitution was adopted to elect school committees. 59 C. 62. 2 Under former constitutional provision prohibiting municipal aid to, or investment in the stock of, railroad corpora- tions: An act authorizing an assessment of damages against a city for change of highway lines for necessary relocation of railroad line, is not within this provision. 54 C. 277, see 178 U.S. 323. Under former Sec. 16-98 one-half the expense of a highway across a railroad is to be borne by the company constructing the same, and one-half thereof is to be paid to the company by the municipality which is constructing such highway. The municipality may not contract to assume the railroad’s statutory obligation. 150 C. 366. -- 42 of 129 -- Art. XIII CONSTITUTION OF THE STATE OF CONNECTICUT 185
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