Bylaw Review Committee presents final recommendations for town meeting

September 27, 2018

The Bylaw Review Committee has submitted its report to the Select Board recommending changes to Harvard’s bylaws so they conform to the town’s charter. The committee has been working since the town adopted the charter in the 2018 Town Election and will have a warrant article ready for the Oct. 22 Special Town Meeting, which will codify these changes.

Many of the recommended changes stem from the renaming of several offices and the use of gender-neutral terms. “Board of Selectmen” changes to “Select Board,” “Chairman” to “Chair,” “Building Inspector” to “Building Commissioner,” and “Highway Superintendent” to “Director of Public Works.”

Another set of changes reflects the charter’s standardization of volunteer terms at three years for full board members and one year for alternate/associate members, codifying an existing practice. Most volunteers are now appointed rather than elected, causing several more changes of wording. The threshold for the dismissal of a board member for lack of meeting attendance has been changed from missing 30 percent of meetings in a 12-month period to 50 percent within six months. To provide continuity of office, appointed board members whose terms have expired (which occurs after town election) will continue to serve until a successor is appointed, or until June 30.

The Historical Commission members’ terms are changed to the standard length (three years for full members, one year for alternates) from their previous variable lengths. Several members of the commission are, and will continue to be, drawn from specific organizations (The American Institute of Architects, the Board of Realtors, the Planning Board, and the Conservation Commission), but a change made in the charter allows the Select Board to appoint any resident to fill a vacancy in the commission if the organization fails to suggest a replacement within 60 days.

The bylaw concerning the function of the Capital Planning and Investment Committee (CPIC) is almost entirely removed, replaced with a notice that the information is now in section 6-5 of the charter. Unlike the old bylaw, the charter directs CPIC to report directly to the Select Board and places CPIC’s actions within the charter’s new budgetary framework. The Finance Committee bylaw is similarly replaced by a direction to section 6 of the charter, also placing the committee’s actions within the new budget process.

While the Bylaw Review Committee has made these recommendations, the Select Board and other affected parties may suggest changes before a final version appears on the warrant of the upcoming town meeting.

The Bylaw Review Committee also made several recommendations that the town deliberate further on specific topics: additional procedural rules for town meetings, a recall provision for elected officials, the creation of a permanent bylaw review committee, and a reevaluation of the town’s various boards and committees.

The Bylaw Review Committee further recommends that each individual board and committee revise its own rules and regulations to conform with the charter, as those regulations are outside the jurisdiction of the Bylaw Review Committee.

Changes to bylaws recommended by
the Bylaw Review Committee

  • Wording is changed for renamed positions and gender-neutral terminology.
  • Most volunteer positions are now appointed rather than elected.
  • Associate/alternate members of boards serve for one-year terms, codifying an existing practice.
  • After the term of appointed board members ends, they will continue to serve until a successor is appointed or until June 30.
  • Threshold for dismissal due to poor meeting attendance is changed from 30 percent of meetings within 12 months to 50 percent within 6 months.
  • Historical Commission terms changed to the same length as those of other boards (three years for full members, one year for alternates).
  • Historical Commission seats reserved for members of specific organizations may be filled with other residents if the organization fails to recommend a candidate within 60 days of Select Board’s request.
  • The bylaw governing the Capital Planning and Investment Committee is replaced with a notice stating that the information is now in the charter itself.
  • The bylaw governing the Finance Committee is replaced with a notice stating that the information is now in the charter itself.

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