The working group convened in October to advise the selectmen on ways to streamline their day-to-day duties recommended this week that several of the board’s responsibilities be transferred to Harvard’s town administrator.
Those recommendations were delivered to the selectmen at their Tuesday evening meeting by the group’s leader, Town Moderator Bob Eubank. The seven-person panel, he said, had also concluded that the most inclusive and effective way to implement the changes would be through town and state passage of a Home Rule Special Act. The selectmen asked few questions and deferred action to a later meeting.
Later that evening during public comment, Worth Robbins of Mass. Ave. (a co-owner of the Press), reminded the selectmen that given the existence of a citizen petition signed by 692 certified Harvard voters calling for a vote on whether to elect a charter commission, the board had “a duty” to place the question on this or next year’s Town Election ballot. Rather than approaching the organization of town government piecemeal, he said, a charter commission allows the town to step back and consider structural changes in a more holistic and comprehensive way.
Eubank told the selectmen that the group had identified three areas for operational improvement: approval of payroll and vendor warrants, which are currently signed weekly by the selectmen; the appointment and management of town staff; and the preparation of the annual town operating budget.
No need for title change
In its seven-page report, the working group asks that the selectmen consider four changes, the last of which codifies an existing process:
First, that all appointments below the level of department head (and excluding Fire Department staff), be made by the town administrator. Eubank explained that Massachusetts has what’s known as a “strong chief” law, which gives appointment authority to a town’s fire chief, a task that cannot be delegated.
Second, that the town administrator be responsible for the discipline of town employees.
Third, that the authority to approve payroll and vendor warrants be delegated to the town administrator.
Finally, that the current practice of having Town Administrator Tim Bragan assemble and approve all departmental budgets before presenting them to the Board of Selectmen for approval be codified.
Given the limited scope of the proposed changes, said Eubank, the committee recommended that the town implement them through a Home Rule Special Act. He said the group had also determined that there was no need to change job title of the town’s chief executive from town administrator to town manager.
A Special Act must be approved by a majority of the voters at Town Meeting. If passed by town voters, Harvard would then petition the state Legislature for permission to make the changes. Once passed by the House of Representatives and Senate and signed by the governor, the act would become law in Harvard. To be considered this year, the selectmen would need to draw up an article in time to be included on this year’s Town Meeting warrant.
Respecting Town Meeting
The group’s report stated that the Special Act process was “respectful” of Harvard’s tradition of an open town meeting, quoting a statement by Secretary of the Commonwealth William Galvin that town meeting is “the purest form of democratic governing … a valuable means for many Massachusetts taxpayers to voice their opinions and directly effect change in their communities.”
Eubank said the group had discussed the charter process, which does not require a Town Meeting debate and vote but does require public hearings and a ballot question at Town Election. The group’s report quoted Auburn Town Manager Julie Jacobson as saying that for a charter process to work, there needed to be “a strong impetus for change.” She told the group that change should be made to address a structural problem, not an organizational problem. “If you don’t have a strong impetus, it’s a mistake to head in that direction,” she said.
The four selectmen present for the report had few comments. Ken Swanton proclaimed himself “underwhelmed” by the scope of the changes. Why would a Special Act be necessary, he and others wondered. State law requires it, Eubank said.
Selectwoman Lucy Wallace wondered if the recommended changes were premature. She noted that the selectmen were also considering a change in the office of town clerk, making it an appointed rather than elected position. She said that a charter commission might offer a way to package a number of structural changes in a single document.
Selectman Leo Blair said he viewed the working group’s recommendations as “housekeeping.” Town Administrator Bragan could handle the duties spelled out in the report without the selectmen’s input.
Avoiding a conflict of interest
The working group was convened by Town Administrator Bragan after being asked by the selectmen earlier in the year to look for ways to streamline their duties, giving them more time to focus on policy and long-term town strategy. Reading from a prepared statement on Tuesday night, Bragan said he had been concerned about a potential conflict of interest in taking up the assignment. After consulting with Town Counsel Mark Lanza and the state attorney general’s office, he decided that assembling an advisory group of which he was not a member was the best way to proceed.
Eubank led the group’s discussions. Other members included Rick Maiore, building committee chairman, sewer and water commissioner, and former selectman; Victor Normand, Personnel Board chairman and Master Plan Committee member; Ron Ricci, Board of Selectmen chairman; Marie Sobalvarro, human resources director and assistant town administrator; Janet Vellante, town clerk; and Alice von Loesecke, Finance Committee chairwoman. Ricci and Maiore were not present at Tuesday’s meeting due to illness. The group met seven times over the past three months and consulted with four town administrators and managers, including Paul Cohen and John Petrin, both former Harvard town administrators. The appendix of materials reviewed by the committee lists nine town manager and town administrator job descriptions and two charters.
The selectmen next meet on Feb. 2 when they are expected to discuss both the committee recommendations and the petition for the election of a charter commission.
A copy of the complete report is available on the town website. Look for the link to “Reports” on the Board of Selectmen page.
