Stonington — First Selectman George Crouse announced Tuesday afternoon that the state Elections Enforcement Commission has found that unaffiliated Selectman Michael Spellman was illegally appointed last December.

Crouse said the commission found that because Spellman changed his party affiliation from Republican to unaffiliated the day of his appointment, he was ineligible to be appointed to the Board of Selectmen.

He said the commission has offered the town a consent decree, which would let Spellman serve out his term, to settle the issue.

At the time of Spellman’s appointment, both Crouse and Republican Selectman Rob Simmons hailed his appointment as creating a "tripartisan" atmosphere on the board after the resignation of Democratic First Selectman Ed Haberek, who was mired in numerous controversies.

Until now the three men have avoided infighting and worked in a collaborate fashion.

Simmons, who is running against Crouse for first selectman with Spellman as his running mate, said Tuesday he found it "astounding" that Crouse would now issue a press release criticizing him and Spellman before they had a chance to discuss the settlement proposed by the elections commission with Town Attorney Thomas Londregan.

Simmons said Crouse’s press release, which Crouse had not sent to him and Spellman, was "full of lies" and was issued to gain a political advantage.

"This is the very thing we are trying to get away from in this town," he said.

It is unclear whether the ruling will allow someone to challenge the legality of all the votes taken by the Board of Selectmen since Spellman’s appointment.

Spellman said Tuesday afternoon that he accepted the appointment as selectman after consulting with Town Attorney Thomas Londregan and the chairmen of both the Democratic and Republican town committees.

"I acted on the advice of the town attorney. I stepped forward when the town needed someone," he said, adding that he had not seen a copy of Crouse’s statement.

He said the controversy has taken a toll on his family and that politically motivated incidents such as this make good people shy away from serving their communities.

He said he was never interviewed by the state elections commission during its investigation.

Simmons questioned why the commission would make a decision a little more than a month before the election.

Spellman charged that the complaint was filed by "the closest of disgraced former First Selectman Ed Haberek’s closest confidants" — Charter Revision Commission member Ashley Gillece.

Gillece filed a complaint with the elections commission last December challenging the legality of Spellman’s appointment.

Gillece had pointed out to the selectmen that Connecticut General Statute 9-59 states that anyone who changes political parties or has his or her name removed from the enrollment list of a party shall not be entitled to be appointed as a member of any board or commission that is political in nature or be appointed as a member of any board or commission that is political in nature for a period of three months after filing the application to leave a party or transfer to another party.

Spellman left the Republican party and became an unaffiliated voter on Dec. 16, 2014, the same day he was appointed. Simmons said Spellman didn’t join another party, he left the one he was in.

"Mr. Spellman is the victim in this. He didn’t break the law. The town attorney made a judgment, we made a motion and he was appointed by George Crouse and me," Simmons said.

In a statement he released Tuesday afternoon, Crouse said when Spellman’s name came up for appointment, "facts were represented" to Londregan regarding Spellman’s political affiliation.

Crouse said it was the judgment of Londregan that "based on those representations that Mr. Spellman could receive the temporary appointment to fill out an unexpired term of office."

Crouse said Londregan informed Spellman and Simmons of the ruling several days ago.

"They have ignored it. I cannot," he said, adding that as first selectman he has a duty to uphold the law and protect the town from liability and costly lawsuits.

"It is my obligation to place the interests of the Town above political ambition or pride of any politician," he wrote.

Simmons called Crouse’s allegation that he and Spellman have ignored the settlement decree "a flat-out lie."

He said both he and Spellman have requested a meeting with Londregan to discuss the settlement decree before the Oct. 15 deadline to sign it as they have many questions.

Crouse said he has signed the consent decree because it "offers the best possibility to avoid sanctions and needless waste of Town resources on legal fees."

Crouse was unable to provide The Day with a copy of the consent decree, saying Tuesday he had sent it back to Londregan.

Simmons said Crouse is now concerned about the town spending legal fees but was silent on the issue when the town was spending tens of thousands of dollars to fight the release of hundreds of sexually charged messages that Haberek, his running mate, had sent from his town-issued Blackberry during work hours as well as a harassment complaint filed against Haberek by a female town employee.

Crouse said the decree requires him to acknowledge the town made an error by appointing Spellman but that Spellman can serve out the remaining few months of his term.

"I call on Mr. Simmons to put his pride aside and do what’s right for the citizens of Stonington. I hope Mr. Spellman will also act accordingly," he said.

Spellman said he is looking forward to reading the commission’s investigation and discussing the decree with Londregan but expressed concern about signing something that requires him to waive all his rights and ability to appeal.

j.wojtas@theday.com

Twitter: @joewojtas