The Bridgeport times and evening farmer., 1922-04-26
Judge Wolfe's Decision.

STATE Elk REL. FRANK e. conJ1,yu
VS. - 0-NAH<H
RUTHERFORD H. HUNTER
Memorandum of decision on de-
murrer to plea.
The general assembly of 1921 PASS
ed an act entitled: 'tAn act estab1isb-
ing a town council and manager forn,
81 government in the town of STRAIT
a adont This act was thereafter
adopted by the electors of the toIpn
IL IL Is to be found on page 1O48 Of
the special laws of 1921.
me system of government provfdad
~ t f act Is a wide departure from
me FORM OF town government SO COM
mon TO the towns of Connecticut ana
70 Itne more modern forms of govern
a nreht by which the cities of this state
are usually governed. The charter
not only provides for a town man
ager. but also for the initiative and
referendum SO called.
by the provisions of this charter.
mere Is established a council CON
slst1ng OF nine members to be eIact
ed Tor each district in the town and
TO mold office for a period of three
ca1 n; suo]ece, however, to being re-
Among the other powers vested in
the council is that of choosing a town
manager who is to be the chief ex
ecutfve and administrative offica- -
the city, and who is vested with yvide
and extensive powers, and with the
exercise of which the council NAV MT
On October 2. 1921, the defendant
was duly appointed town manager
BY section 20 of the act II is nro
v1ded that the town manager shall
De appo1nte1 for an indefinite period
and shall be removed by the council
at pleasure
On February 27, 1922, the council
voted to remove the defendant az
town manager. and dismissed him
from his employment as such town
manager.
By the provisions of section 20, ..If
removed at any time after six months
OF service, he (the town managerl
may demand written charges and n
public hearing upon the same hut
the charges and the hearing shall be
given him prior to the date on which
his final removal shall take effect"
The defendant, having been rernov-
ed before the expectation Of six
months of his service as town man
ager, this provision of the charter as
to written charges, is not applicable
to the present situation, except as it
may be considered maid of and as
1t may serve to throw light upon the
solution Of the problem now before
the court.
AS throwing some light upon the
legislative intent, and as aiding in the
Interpretation of this phase of the
charter, it should be noted that the
members of the council are subject
to recall. but not until after thew
have acted as such for a period of six
m onths,
It is significant that the roernherx
of the council are thus on trial as
to their fitness and merit for at least
six months before being subject to
recall; while the town manager holds
his office for an indefinite period and
his removal is at the pleasure of the
council; and not until he has such Of
flee for at least six months is he en-
titled to have written charges nre-
ferred against him.
1t is plainly evident. therefore that
the council was designed1y given the
power to remove the town manager
first six months of his service. and
the council is not required to assign
any reason therefore.
While it is not set out in the act
of Incorporation, 1t is a fair inference
therefron1, that the council in re-
| moving the town manager within the
initial period of six months would be
actuate1 in it's conduct and motive by
RE sa1tle spirit that the act indicates
/ It shall act with reference to the re-
moval of the manager after he has
been in Office six months. that is. that
he fails to possess the requisite exc
cutlve' and administrative qualities
! which ere the qualities required In
| his appointment. ((Sec. 29).
But the reasons actuating the
council in thus sunn1arily removing
rte defendant as town manager, is
not now before the court, and, there
| fore. speculation as to their motives
in removing him is not called for.
| II these m olives should prove 70 be
if.nproDer ones, the people have their
remedy N the. recall
/ The right of the council to remove
1.-The toy--l manager within the six
r.c.,ths period of his appointment. In
ly-ex CT the clear provisions Of the
charter cannot, belieFe be serious
" questioned, nor does the defends Mt
| himself seriously question this ighf
! z - cont nued on page Mx9