Item 5.02 Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On March 19, 2009, the Board of Directors (the "Board") of CMS Bancorp, Inc. (the "Registrant") voted to increase the size of the Board from seven directors to eight directors, with the additional director to serve in the class with a term expiring at the annual meeting of shareholders to be held in 2012. The Board also elected William P. Harrington to the Board to fill the new directorship. Mr. Harrington has also been appointed to the Board of Directors of Community Mutual Savings Bank ("Community Mutual"), a wholly-owned subsidiary of the Registrant. Initially, Mr. Harrington will not be a member of any committee of the Board. Mr. Harrington will be entitled to the same compensation as the other non-officer directors of the Registrant and Community Mutual, including fees for attending board and committee meetings and eligibility to receive stock-based awards under the CMS Bancorp, Inc. 2007 Stock Option Plan and the CMS Bancorp, Inc. 2007 Recognition and Retention Plan. There are no transactions in which Mr. Harrington has an interest requiring disclosure under Item 404(a) of Regulation S-K.

Mr. Harrington is a partner in the law firm of Bleakley Platt & Schmidt, LLP and is a member of the firm's Managing Committee, the head of its Litigation and Toxic Tort/Complex Litigation practice groups and a member of its Environmental practice group. Mr. Harrington is also a member of the Board of Directors of TBS International, Ltd., a publicly traded dry cargo global shipping company on which he serves as Lead Independent Director and Chairman of the Governance Committee.

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