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MARSHA BELMAN MOSES MICHAEL P. DEVLINT STEPHEN W. STUDER* RICHARD J. BUTURl-A. FLOYD J. DUGAS ROLAN JONI YOUNG SMITH JACOB P, BRYNICZKA IRA W BLOOM JONATHAN D. BERCHEM" MICHELLE C- LAUBINT MARIO F, COTPOLA WARREN L. HOLCOMBA MARK J. KOVACK BRYAN L. LeCLERCt BRIAN A, LEMA DOUGLAS E. LOMONTE BRIAN W. SMITH
SIIET.BY I,.

75 BRoAD SrREE-r

MILToRD, CT 06460
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27 IMPRIAL AvENUE WESTPoRT, CT 06880 TELEPHoNE (203) U7 -9545 FACSTMTLE (203) 226-1641

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RICHAITD C, tsLIURLA AN{Y CORBETT DION IoDIE 1.. DRTSCOT.LtRYAN P. DItISCOLLICAROLYN VIAZ,\NEC DUCAS

ALlClr\N A. IrAlllSIl' CAII, I. KELLYT MICTI ELI,E DEVLIN LONG JEFFREY r, IVIOC/\N MECAN A. SN'TT}I
JUSTTN STANXO
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ADMIITED IN CA . ALSO ADMTTTED IN MA

.ALSO ADN{IT]'ED IN NIWT -ALSO ADMITTED IN N' T ALSO ADMITTED IN NY . ALSO ADMIT'TF,D IN PA

OF COUNSEL

)oHN W. HOGAN,

JR.

October 1,2072 Lucy McConologue Chairperson of the Board of Police Commissioners 14 Edward Road Seymour, CT 06483

Re:

Request blr Detective Sergeant Goodmaster to extend his retirement past age 65

Dear Lucy:
Pursuant to your request, this letter explains why the action of the Seymour Board of Police Commissioners in granting Detective Sergeant Goodmaster's request to extend the date of his retirement past age 65 was beyond the scope of the power of the Board of Police Commissioners and therefore null and void. Seymour police officers par-ticipate in the Connecticut Municipal Employees Retirement System (MERS). Connecticut General Statute, Section 7 -43C provides for rnandatory rctircment of police ar:d firefigl-iters at age 65 but allows thern to work after age 65 with the annual approval of the legislative body of the employing municipality. Section 7-430 states in relevant parl:

". . . Any mernber, except an elective officer, who has attained the age of sixty-five years if employed as a policeman or fireman shall be retired on the day following the attainment of such age, except that any such rnember, at his request and with the annual approval of the legislative body, may be retained in the employ of the participating municipality, but such person shall receive no pension payments during the period he is so retained. . . "

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Lucy McConologue October 1,2012 PageZ of2

The legislative body of the Town of Seymour is its Board of Selectmen. See, Town Charter, Section 7.7,"The legislative power of the Town shall be vested in the Board of Selectmen. . . " and Conn. Gen. Stat. Section 7 -425(3) defining the term "legislative body" in regards to towns not having a town council as "the selectrnen."

In sum, the only board that has the statutory authority to consider a request by a policeman to continue in the employ of the Town beyond age 65 is the Board of Selectmen. The Board of Police Commissioners does not have the authority to grant such
a request.

It shotrld also be noted that in my legal opinion rnandatory retirement of police at

age 65

does not violate the age discrimination provisions of the federal Age Discrimination in Employment Act (ADEA) or the prohibition of age discrimination under the Connecticut fair Employment Practices Act. The ADEA contains an exemption provision that allows state and local governments to set mandatory retirement ages for police and firefighters. 29 U.S.C. $ 6230). The Connecticut Commission on Human Rights and Opportunities (CHRO) has issued a final decision upholding mandatory retirement at age 65 for municipal firefighters under General Statute Section 7-430. Jankowski y. City of Meriden, CHRO Final Decision No. 9730288 (April 6, 2000).

If you have any questions concerning this letter, do not hesitate to contact me.

'',/ U

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