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Charter debate: termination clauses, terms and employment agreements draw sustained discussion

May 11, 2025 | Fairfield, Fairfield, Connecticut


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Charter debate: termination clauses, terms and employment agreements draw sustained discussion
Commissioners spent a lengthy portion of the meeting reviewing language about terms of office and whether appointed town officers should be removable without cause.

What was discussed: The CRC considered three approaches: (1) keep the draft language that allows removal without cause and thus a default “at‑will” baseline, (2) define fixed term lengths for certain appointed officials (for example, four‑year terms tied to the First Selectman’s election cycle), or (3) rely on written employment agreements and collective bargaining to define removal procedures for specific offices.

Why it matters: Whether an official serves at will or on a defined term affects recruitment, retention and possible litigation exposure. Department heads and other town officers said they were concerned about politicizing appointments if fixed terms align with electoral cycles; others urged clarity to avoid inconsistent legal interpretations by successive town attorneys.

Legal and practical points: Town counsel explained past practice has been inconsistent: some town attorneys treated certain appointments as coterminous with the First Selectman’s term, while others treated them as indefinite appointments removable only for cause. The CRC kept a baseline statement that certain positions are removable without cause but preserved language acknowledging that employment agreements or collective bargaining agreements supersede charter defaults.

Outcome: The commission did not impose new fixed terms across appointed offices. Instead members agreed the charter should state the baseline (removal without cause) while allowing specific employment agreements to define different terms or removal protections. Commissioners asked staff to ensure the draft references existing protections and to highlight where collective bargaining or contracts apply.

Next steps: The CRC will forward the draft with this baseline language to the Board of Selectmen and continue to accept public comment; members noted the importance of transparency about where contracts or statutory protections modify the charter baseline.

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