Fairfield Seeks Repayment Of Severance Money From Kupchick

FAIRFIELD, CT — Selectwoman Brenda Kupchick, Fairfield's former First Selectwoman, has been asked by the town to repay more than $11,000 in severance she received following her election defeat in the fall.

The request comes after an investigation by Town Attorney Philip Pires, who claims in a report to the Board of Finance that Kupchick lacked the authority to sign off on the policy to grant the severance without other approvals.

Previous First Selectmen Ken Flatto and Mike Tetreau did not receive severance payments, but did receive thousands of dollars in unused vacation payments, which were permitted. In addition to the severance, Kupchick also received nearly $17,000 in unused vacation pay.

"The payment of severance to First Selectwoman Kupchick for losing an election pursuant to a policy she unilaterally enacted during her term of office most likely violates the Constitution of the State of Connecticut," Pires wrote to the Board of Finance, which requested a review of the matter.

Pires quoted Article 11, § 2 from the state constitution:

Except as provided in this section, neither the state nor any political subdivision 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 .... The provisions of this section shall not apply to elected officials 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 elected official’s salary, exclusive of reimbursement for necessary expenses or any other benefit to which his office would entitle him.

In March, Kupchick said she would reimburse the town any funds from the policy if "received inappropriately."

Kupchick's attorney, Tom Bucci of Willinger, Willinger & Bucci, PC, told Patch that he believes "the assertions regarding constitutional and statutory violations are baseless."

"As the Pires letter demonstrates, the expansion of the separation policy took place well before Ms. Kupchik was elected [First Selectwoman], refuting any claim of statutory or constitutional violation," Bucci said. "I only could surmise why an issue over the payment determined by the Human Resources department without any input from Ms. Kupchik was proper is now an issue with the myriad of problems affecting the Town of Fairfield."

In policy documents dating back to the 1970s that Pires reviewed, various phrases and/or descriptions were added about compensation for town department heads and "public officials."

Bucci said the phrase "public official" is vague at best.

"The phrase 'Public Officials,' is very broad and not limited, as you seem to infer, to non-elected public officials," Bucci wrote. "Other than department heads, what other public officials are employed by the Town of Fairfield who have not been elected? It would be redundant to assert that phrase 'public officials' refers to department heads, since department heads have already been specified as coming under the policy along with 'public officials.'"

Bucci added that "despite the ambiguity regarding the separation payment," Kupchick Ms. is proposing to repay the $11,440, "by having the Town retain her selectman monthly stipend of $1,000.00, until paid in full."

Pires reportedly said the current Administration is reviewing the proposed repayment schedule.