Finance Director Meets Residency Requirement, According To Law Director

Finance Director Jeff Smith is not in violation of a City Charter residency requirement for certain employees of the New London city government, according to a finding by the law director.

Law Director Jeffrey Londregan issued the opinion at the request of both Council President Michael Passero and Mayor Daryl Finizio after a resident asked for an investigation of the issue at Monday’s meeting of the City Council. Passero posted the memo on his political Facebook page on Wednesday.

Finizio appointed Smith as the administration’s finance director in December of 2011. At the time, Finizio said Smith—who was not considered a New London resident at the time—did not plan to move to New London but would stay in the position for six months to complete the budget cycle. Finizio said a nationwide search for a new finance director to take Smith's position upon his departure would take place during that period. However, Smith has remained in the position since his appointment.

According to the City Charter, the finance director and several other employees must live in New London during their employment and vacate their position if he or she moves out of the city. Anyone who accepts employment in a position with a residency requirement must move into the city within a year.

At Monday’s City Council meeting, resident Kathleen Mitchell questioned Smith's primary residence. She said Smith has made campaign contributions and registered vehicles from an out-of-town residence, and that a letter to Smith's residence on Pequot Ave. was returned to sender. Smith is a registered voter at the property, which is owned by a limited liability company. Mitchell asked the Council for a formal investigation into the matter.

Londregan said in his opinion that the Charter’s residency distinguishes between residences and a principal domicile to account for people who may own multiple residences.

“As such, where a person registers to vote is considered to be where that person’s domicile is established, since you can only be legally registered to vote in one jurisdiction at a time,” said Londregan.

Londregan said Smith met the Charter’s residency requirement by registering to vote in New London on Dec. 6 within a year of commencing employment in Finizio’s administration.

“Cars registered outside the city, owning real property or a residence elsewhere, and owning property via a limited liability company have no bearing on where a person’s domicile is for the purposes of City Charter Section 45a,” he said.

Zak Leavy, Finizio’s executive assistant, said Smith was considered reappointed under Finizio’s cabinet appointments and that this gave him until Dec. 6 to meet the residency requirement. He said Finizio reminded Smith of the requirement so he could make the changes necessary to meet it.

“Jeff resigned from all boards, agencies, and committees in the town of Windham and registered to vote at his residence, which satisfied the Charter requirement,” said Leavy. “This was merely a political attack with no merit as reinforced in the law director's opinion.”

Smith resigned from the Board of Finance in Windham on Dec. 4, according to Windham Town Council minutes.

Londregan said Mitchell’s request does not require formal Council action, but that Mitchell or another resident may take the steps required under the Charter to organize a petition for Council action.

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