Stonington — A consent agreement being proposed by the state Elections Enforcement Commission would require the town to agree to strictly comply with state law concerning appointment of members to boards and commissions in the future and agree that it violated the law when it appointed unaffiliated Selectman Michael Spellman last December.

The order would also allow the town to avoid any penalties and Spellman to serve out his term.

Meanwhile, other documents obtained by The Day on Wednesday show town attorney Thomas Londregan still feels the appointment was legal but has recommended the town sign the consent decree before the Oct. 15 deadline.

The town has until Oct. 15 to accept the agreement. If it does not , the commission will proceed with a hearing, Londregan wrote to selectmen this week.

“You have a right to take this matter to a hearing but given the complex area of the law and the time and money that would be expended I am of the opinion that simply agreeing to follow General Statute section 9-59 in the future is the better action to be taken at this time,” he wrote, adding that agreement is the “least action” the commission can take without dismissing the matter.

Democratic First Selectman George Crouse has said he has signed the agreement.

Republican Selectmen Rob Simmons and Spellman have asked for a meeting with Londregan to discuss the settlement before deciding whether to sign it.

Charter Revision Commission member Ashley Gillece filed a complaint with the elections commission last December challenging the legality of Spellman’s appointment.

Gillece had pointed out to 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 by Crouse and Simmons.

Crouse and Simmons have said they appointed Spelllman to fill a vacancy on the Board of Selectmen after consulting with Londregan and the chairman of the Democratic and Republican town committees.

In a January letter to the elections commission, Londregan wrote that his review of the legislative intent of the law found that it was enacted to prevent someone from switching parties and then immediately being appointed to a board or commission by his or her new party.

He pointed out that Spellman did not change parties but decided to become unaffiliated.

In addition, Londregan said the law in part concerns appointments to boards and commissions that are political in nature.

He said that with Spellman’s appointment, the Board of Selectmen is not political in nature, with one Democrat, one Republican and one unaffiliated voter.

The three selectmen have touted the board as being “tripartisan” in nature.

j.wojtas@theday.com

Twitter: @joewojtas