Note: The second paragraph of this online article has been corrected to state that the Charter Commission must hold at least one public meeting before the final charter document is sent to the Board of Selectmen and the Attorney General. The version that appears in print incorrectly says that the meeting must be held before the final document is sent to the Legislature.
Facing a state-imposed Aug. 14 deadline, the Charter Commission was preparing this week to vote on a draft charter that will be sent to the attorney general for review and placed before the town for comment. Among the updated draft’s modifications are a rationale for its provisions, a minimum attendance requirement for any annual or special town meeting, and a provision for the creation of a community and economic development department.
The vote was scheduled for Wednesday, Aug. 9, at a rare 3:30 p.m. meeting. State law requires the commission to hold at least one public hearing before the final document is sent to the Board of Selectmen and the attorney general in October, and during the next two and a half months the commissioners can revise its provisions based on feedback from the attorney general and voters. Ultimately, voters will have the final say on whether to adopt the commission-proposed and state-approved charter at Town Election in May 2018.
The latest 24-page draft contains new and revised provisions that respond to issues raised during a 90-minute meeting with the selectmen on July 11 and other provisions added in regular commission meetings during July. (A video recording of the July 11 meeting with the selectmen is available at the Harvard Cable TV website: www.harvard cabletv.com; July commission meetings were not recorded.)
Among the most significant changes is the addition of a statement of intent that describes the problems confronting Harvard and the remedies the charter provides (see below). Unchanged is the charter’s call for an empowered Select Board (a more gender-neutral and contemporary term for the traditional “Board of Selectmen”) and town administrator, which the commission views as essential to revitalizing town government. And despite lingering objections, the latest draft retains provisions that all town boards and committees—except the Selectmen, School Committee, Library Trustees, and Warner Free Lecture Trustees—be appointed rather than elected.
Selectwomen Kara Minar and Lucy Wallace, both former members of the Planning Board, have continued to argue that because its decisions can dramatically affect the character of the town and the value of residents’ properties, Planning Board officers should remain elected. More generally, Minar is concerned that a divided Select Board could result in 3–2 politicized committee appointments. At their July 18 meeting, the commissioners dealt with that issue by requiring a “supermajority” of four selectmen for certain appointments: Planning Board, Board of Health, Parks and Recreation Commission, Community Preservation Committee, Cemetery Commission, constable, and tree warden.
Recall provision remains
The latest draft also keeps a provision for the process of recalling an elected official, despite a request by Selectwoman Wallace and Selectman Stu Sklar that it be removed. The commission, however, voted unanimously to keep the provision but increase the percentage of registered voters required to initiate a recall from 4 to 5 percent. Once the process is initiated, a petition signed by at least 20 percent of Harvard voters would be required to schedule a recall election.
Two additional Harvard traditions are altered by the latest charter document. By unanimous vote, the commissioners added a requirement that in order to conduct business at a town meeting, a minimum of 150 voters must be present “at any time.” It’s a provision that deals with declining town meeting attendance as well as the dwindling number of voters present for articles coming late in the meeting, some of which propose significant changes to town bylaws.
Goodbye caucus
A second departure from tradition is the elimination of the annual Town Caucus, the late-winter gathering at Town Hall at which voters voice nominations for elected offices. Commissioners concluded that the caucus had become “cliquish” and intimidating to new voters and that signature-gathering was a preferable way to seek a place on the Town Election ballot. The change had been recommended as well by former Town Clerk Janet Vellante.
Because, in the words of Commissioner and Vice Chairwoman Cindy Russo, a charter consists of “shalls” not “shoulds,” commissioners have struggled with how much to specify about certain administrative positions. There is strong support, for example, for having a finance director who can support both the schools and the town, but commissioners have been concerned that requiring candidates to be certified for both positions would make it more difficult to fill the position. New language states that a finance director, once certified, and only if the School Committee agrees, shall also serve as the school business manager, reporting to the school superintendent and the School Committee.
There have been similar concerns about a provision that creates a full-time position combining the functions of the building inspector and a facilities manager. A majority of commissioners present at their July 18 meeting voted to keep the provision.
Finally, without actually specifying that a department of community and economic development be created, the commissioners voted unanimously to make the town administrator responsible for furthering the development goals of the town. In addition, should the selectmen decide to appoint a “community/economic director,” the town administrator would work with that director to “accomplish the community/economic goals as envisioned by the Select Board.” The language makes explicit that the town administrator would be responsible for seeing that community and economic development projects get done, while leaving open the possibility of a future department. Details of such a department would be spelled out in a future bylaw.
Town of Harvard Charter: A statement of intent
To answer the question, heard frequently at meetings and hearings, “What problem are you trying to solve?” the Charter commissioners have drafted a statement of intent. The statement consists of two sections: the first explains, broadly, the problems the commission has identified, while the second explains how changes to the way in which town government operates can provide remedies. This most recent draft, provided by Commissioner Ron Ostberg, is not final and was to be reviewed at the commission’s Wednesday, Aug. 9, meeting.
Current Conditions
- The current bylaws, procedures, and traditions that prescribe the operations of Harvard’s government are dispersed among numerous documents and informal protocols; they are neither comprehensive, nor reliably consistent.
- The volunteer driven, direct democracy that served Harvard well for nearly 300 years is challenged by recent—and escalating—changes in the demographics and culture of America in general and Harvard in particular.
- Geography is no longer a primary determinant of “community,” K-12 education being Harvard’s defining exception.
- Employment, goods, and services are essentially unavailable within Harvard, exceptions being consulting, home businesses, and e-commerce.
- Relatively high real estate values have narrowed the resident profile.
Regulations governing land use and environmental protection have increased. - The demand for enhanced government services has changed the number and profile of town staff.
- Staff benefits are greater and procurement procedures more elaborate.
- These changes have increased the complexity and cost of governing: Budgets have grown; volunteers can no longer be relied upon to provide the required expertise; and the revenue generating capacity of a tax base that is almost exclusively residential is limiting.
- These changes have resulted in diminished volunteer participation in civic affairs as well as a diminished appreciation of the opportunity and obligation to do so.
- Strong executive leadership is needed at this time to develop and implement policies and plans that address the issues listed above while respecting the town’s values, preserving its distinguishing features, and perpetuating its unique character.
Summary of remedies provided by the Charter
- The description of Harvard’s government will be consolidated and recorded in a single document, titled the Harvard Charter 2018 and, subsequent to its adoption, complemented by a modified set of bylaws and agency procedures. (Art. 1-8)
- The historic, foundational principles of direct democracy and the distribution of authority and responsibility will be maintained. Citizens voting in Town Meetings and Town Elections will perform the Legislative function. The elected Select Board, supported by the Town Administrator’s offices, will perform the Executive function. (Art. 2-3)
- Consistent with its long-established executive authority, the Select Board is compelled by this Charter to perform the following (Art. 3-2):
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At the outset of each fiscal year, the Select Board will prepare a Strategic Plan consisting of the following:
- Definition of the Town’s Vision—including emerging issues and opportunities;
- Scope and assignment of any Planning initiatives required to understand the dynamics of that Vision and methods of addressing it;
- Consideration of the 2016 Master Plan, the Capital Investment Plan, the Finance Committee Five-Year Plan, and other citizen inputs;
- An outline of Policy options;
- Preparation of the Town Budget, including projected revenue requirements for planning initiatives and policy implementation.
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Over the course of the fiscal year the Select Board will:
- Direct, coordinate, and provide resources to the Town Administrator, staff, and Town Agencies in their performance of various planning, policy, and budgeting activities;
- As necessary, form Agencies to address issues not otherwise covered.
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At the Annual Town Meeting the Select Board will:
- Propose an operating budget and a capital budget that support its planning initiatives and proposed policies;
- Report on the status of the Strategic Plan and describe current and anticipated emerging issues and opportunities.
- Recruit and appoint members of Agencies, except those being elected: School Committee, Library Trustees, and Warner Free Lecture Trustees, and Town Constable. As necessary, support and coordinate among all Agencies.
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At the outset of each fiscal year, the Select Board will prepare a Strategic Plan consisting of the following:
- This Charter’s impact on government performance shall be evaluated periodically, and, at a minimum, every 10 years. Multiple procedures for modification are available. (Art. 7-1)
