First Selectman unilaterally withdraws civil suit against Julian Development and agrees to move the case to private arbitration without consent of the full Board of Selectmen in violation of the Town Charter. The initial impact of this change is that the case is no longer being argued in the public domain – hence the details are hidden from Fairfield’s Citizens. Subsequently, after complaints from Town Boards, the arbitration and its arguments are made public.
The Town Charter addresses this circumstance as such:
§ 9.3. Town Attorney.
A. Appointment and qualifications. The Town Attorney shall be appointed by the First Selectman and shall be an attorney admitted to practice in the State who has practiced in the State for at least five years. The Town Attorney may be removed by the First Selectman without cause.
B. Compensation. The Town Attorney shall receive the compensation approved by the Board of Selectmen within the appropriations made for the Town Attorney.
C. Duties. The Town Attorney shall:
(1) Be the legal advisor of, and counsel and attorney for, the Town and all Town departments and Town officials, providing all necessary legal services in matters relating to the Town’s interests or the official powers and duties of the Town officials;
(2) Prepare or review all contracts and other instruments to which the Town is a party or in which it has an interest;
(3) Upon the request of the Board of Selectmen, or of any other Town officer, board, commission, or authority, give a written opinion on any question of law relating to the powers and duties of the officer or body making the request;
(4) Upon the direction of the Board of Selectmen, appear for the Town or any of its officers, boards, commissions, or authorities in any litigation or any other action brought by or against the Town or any Town officials; and
(5) Prosecute or defend, appeal from or defend appeals from, and make settlements of, litigation and claims, as the Board of Selectmen direct.