QUESTION 3

Explanatory Text (from Town Clerk)

This would add the Chief Operating Officer position to the Charter. 

Current Language

There is no language in the current charter that mentions the Chief Operating Officer position. However, the position has existed under First Selectmen Gerber and Vitale and existed under the title of Chief Administrative Officer in First Selectwoman Kupchick's administration. 

The following language has been cited as the basis for the First Selectman’s authority to create and delegate their authority to the position. 

§ 6.2. First Selectman.
A. Executive powers. The First Selectman shall have the powers and duties vested in the office by this Charter and by the General Statutes. In particular, the First Selectman shall: 

(7) Have the ability to delegate such authority as may be necessary to the Selectmen or to administrative assistants whose appointment may be authorized by the RTM;

Proposed Language (new)

The proposed change has been described as 'memorializing' the position:

§ 1.4 Organization of Town Government
B. (1) Appointed by the First Selectperson:
one (1) Chief Operating Officer 

§ 9.1. Appointed Officers.
A. There shall be the following appointed Town officers as necessary:
(25) Chief Operating Officer 

§ 9.14. Chief Operating Officer.

A. Appointment and supervision. The Chief Operating Officer shall be appointed by the First Selectperson, shall report to the First Selectperson. The Chief Operating Officer shall have such qualifications established in accordance with the provisions of Section 9.1B of the Charter. The Chief Operating Officer may be removed without cause by the First Selectperson and shall serve until removal, retirement, or resignation.

B. Duties. The Chief Operating Officer shall have such duties as determined by the First Selectperson concerning the management and supervision of the administration and operation of Town departments. 

Change Request By

This change was requested by First Selectman Gerber in his letter to the Charter Revision Commission on October 4, 2024 - item 12:

12) Town Administrator: Consider including a position of Town Administrator, with the flexibility to be designated “Chief Administrative Officer”, “Chief Operating Officer”, “Town Manager”, “Town Administrator”, or other suitable title with similar job responsibilities. Consider making this position an ex officio member without vote on all Boards and Commissions 

F4GG Comments

The position was most recently held by David Becker and is currently vacant. The salary in the current year's budget for this position is $170,000. 

A similar position was proposed in the 2022 Charter revision and was one of the primary reasons voters gave for voting down the charter at that time. 

This position would be appointed by and report solely to the First Selectperson. If you vote yes on this question the First Selectperson will have the ability to hire a highly paid staff person with no oversight or approval of the hire by the Board of Selectpersons or any other Town body.  The bodies that approve the budget will no longer be able to eliminate this position for poor performance, political favoritism, or budgetary reasons. 

The proposed language provides no specific qualifications and no job description. This means the First Selectman could potentially hire a family member or a highly political person with limited to no experience. Other towns with boards of selectmen have a similar position. However, the individual is appointed by the Board of Selectmen through a public process rather than privately by the First Selectman, and the selection typically involves a search committee that reviews and recommends candidates. That is not the practice in Fairfield.

The RTM could create and define this position through the ordinance process. It does not need to be in the Charter. 

F4GG Recommendation

As currently defined, F4GG believes this change gives too much power to the First Selectman.  F4GG recommends you vote NO on this question.