Case 3:14-cv-00060-AVC Document 46-1 Filed 04/27/15 Page 1 of 4

EXHIBIT A

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UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

NO.: 3:14-cv-00060 (AVC)

RONALD GOODMASTER

v.

THE TOWN OF SEYMOUR,

TOWN OF SEYMOUR BOARD OF
SELECTMEN, W. KURT MILLER,
LUCY MCCONOLOGUE AND
MICHAEL METZLER
AFFIDAVIT OF W. KURT MILLER

I, W. Kurt Miller, do hereby depose and say:

I. I am over the age of eighteen and believe in the obligations of an oath.
2. I make this affidavit in support of Defendants' Motion for Summary Judgment.
3. I have personal knowledge of all of the facts set forth herein.
4. I am the First Selectman for the Town of Seymour. I initially took office on
December 5, 2011 and was reelected in November, 2013.
5. While prior requests for employment extensions from Seymour police officers may
have been wrongly reviewed by the Seymour Board of Police Commissioners, I was not the First
Selectman when those requests were reviewed. During my tenure, Plaintiff is the only officer to
have requested an extension.
6. Seymour police officers participate in the Connecticut Municipal Employees
Retirement System (CMERS).
7. On September 16,2012, Board of Police Commissioners ("BOPC") member, John

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Popik emailed William Cronin, an employee in the State of Connecticut Comptroller's Office,
and advised him that the Board of Police Commissioners approved Plaintiffs request for a
twelve month extension of employment commencing on March 8, 2013 and ending on March 8,
2014. I was carbon copied on this email.
8. Since I could not attend the September 13, 2012 meeting, I reviewed the recording
to learn about what happened during the same. Frank Loda, a Town resident, routinely recorded
the meetings and provided me with a copy of the recording for the September 13,2012 BOPC
meeting. I often reviewed the videos of meetings that I was unable to attend so that I could keep
myself apprised of Town business.
9. At the time I reviewed the recording, I was under the impression that the BOPC
could act on requests for extensions. However, after reviewing the recording, I believed that the
vote was procedurally improper because Popik, who was acting as Chairman during the
September 13,2012 meeting, seconded the motion to add Plaintiffs extension to the agenda and
to approve it.
I 0. After reviewing the recording, I sent the same to the Town's counsel and asked
whether the vote was procedurally proper given that the acting Chairman seconded the two
relevant motions. It was at that time that the Town's counsel advised me that the BOPC could
not act on requests for extension since it is not the "legislative body" of the Town as that term is
defined by Conn. Gen. Stat. 7-430.
II. On September 17, 2012, I emailed Mr. Cronin and requested that he not process the
extension at that time since it was under review by the Town's counsel. A true and accurate
copy of my email is attached to Defendants' Motion as Exhibit 0.
12. Shortly after the BOPC's October II, 2012 meeting, I, through the Town counsel,

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offered Plaintiff a special assignment in which he could fulfill his retirement obligations.
13. The special assignment offered to Plainti ff was more operationally effective for the
Department because it would have allowed for the hiring of an additional patrol officer, would
have placed another person in management and would have ensured a smooth transition for the
detective bureau.
14. At the December 4, 20 12 Board of Selectmen meeting, I voted to deny
Plaintiff s request for an extension since he refused the offer of a special assignment.
15. The Town has not appointed any paid or unpaid Fire Inspectors since the date oft he
my letter to Chairman Atkas, which is attached to Defendants' Mo tion as Exhibit Z.

OATH
STATE OF CONNECT ICUT
COUNTY Of NEW I lA YEN

)
)
)

ss: Seymour

I, W. KURT MILLER, do he reby depose and say that I ha ve read the forego ing Affidavit and do

:::~:: verify that the statements contained th~xest of my knowledge and

W . KURT MILL ER

Subscri bed a nd sworn to before me thisJJ;day o f April, 2015.

~~

C6immssione r of the Superi or Court

Notary Publi c, My Commission Expi res:

SUSAN DEBARBER
NOTARY PUBLIC
MY COMMISSION EXPIRES JULY 31, 2015