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Town attorney memo flagged curator as potential paid position under labor rules
Summary
Committee heard that the town attorney reviewed the curator arrangement and warned that resident-curator or housing-based compensation could trigger Department of Labor rules requiring payroll, wages and overtime; no funding is currently available to convert the role to a paid town position.
John Bird summarized a legal review prepared by the town attorney (Christy/Christie Kelly) concerning the curator arrangement at the Smith House. According to Bird’s account of the memo, the attorney concluded the curator could be classified as a town employee rather than an independent contractor, which would require the town to treat in-kind housing compensation as wages subject to minimum wage, overtime and payroll recordkeeping.
Bird told the committee that the opinion relied in part on Department of Labor standards and Connecticut legal precedent and warned that carrying on an unpaid or housing-compensated curator arrangement may expose the town to late claims for wages. "She determined that ... the curator position would be based on the paid town position," Bird said, summarizing the memo. Committee members said the same model operates in other Connecticut towns under state programs, and requested a more detailed memorandum from the town attorney so the committee can evaluate options, including hiring a paid curator or assigning duties to town staff or volunteers under a limited arrangement.
