A Layer with action script = false

Hello all.
Is it possible to have a layer wich is not related to the action layer ?

my exemple is simple:
i would like to add a background music in my flash creation, but at the first frame of my project, i have an action layer with a stop command.

how can i make an idependent or (free) layer ?

and is it possible to add action script only to this layer ? (for a play or stop sound for exemple).

Thx all.
ps : sorry for my bad english.