Charter Overhaul Grants Town Manager Full Authority to Reorganize Municipal Departments

Key Points

  • Commission proposes deleting Chapter 5 to allow the Town Manager to reorganize departments without charter amendments
  • New mandates require the Town Manager to conduct annual performance evaluations for all department heads
  • Interim appointment window for the acting Town Manager would expand from 90 to 180 days
  • Select Board may delegate licensing authority to the Town Manager subject to consent agenda ratification
  • Town Meeting article deadlines would be set for January to allow for a mandatory four-week Town Counsel review

The Harwich Charter Commission moved to significantly reshape the structure of town government on April 23, proposing to strip rigid departmental lists from the town charter to grant the chief administrator greater operational flexibility. By deleting Chapter 5 in its entirety, the Commission intends to allow a future Town Manager to reorganize municipal divisions with Select Board approval, bypassing the multi-year process currently required for charter amendments. Chair Linda Flynn explained that keeping specific departments in the charter creates a "concrete" barrier to efficiency, noting that to reorganize, the Town Administrator would need a Charter change, which takes two years. Select Board member Joe Handler observed that if the voters enact this change, the administration must be prepared with a formal organizational chart prior to the ballot.

The Commission is also moving forward with a formal title change from "Town Administrator" to "Town Manager," a shift that comes with increased accountability measures. Under the proposed draft, the manager would be mandated to perform annual performance evaluations for all department heads. Handler strongly supported these requirements, citing past administrative lapses. There needs to be clear language to hold the TA accountable for evaluating direct reports, Handler said. We dealt with this a year and a half ago when evaluations weren't being done. Judith Underwood raised questions regarding the independence of the human resources department, asking, Wasn't the HR specialist hired specifically to be independent of the administration so employees could reach out to them? Flynn noted that the current draft places all such positions under the manager's oversight.

To provide the Select Board more stability during leadership transitions, the Commission proposed extending the maximum period for an acting manager from 90 to 180 days. The board debated whether a line of succession should be hard-coded into the charter. Lou Mince asked, Should there be a line of succession? Like the Assistant Town Administrator automatically takes over? Sandy Trepanier cautioned against forcing the Select Board's hand, stating, It's a recipe for disaster to force someone into two jobs if they aren't right for it. The Select Board are the CEOs; it's their responsibility to deal with it.

The overhaul also seeks to streamline Select Board meetings by delegating routine licensing tasks. Handler suggested the board could designate the Town Manager to handle licenses, with the board providing final ratification via a consent agenda. If establishments don't want changes, they should just be done and we approve them all at once, Handler noted. The Commission also worked to define "just cause" for the removal of appointed committee members to prevent political retaliation. Herb McGrail argued that while lack of ethics training or swearing-in constitutes clear grounds for removal, the charter must ensure the power is not free reign for any reason. Trepanier suggested tying removal to non-compliance with statutory obligations or policies established in the town handbook.

Regarding Town Meeting logistics, the Commission is proposing new deadlines to ensure legal clarity. Articles would need to be submitted in "final form" by the second Friday in January. Flynn emphasized that the current timeline is often too tight for proper oversight, noting that it takes four weeks to get anything back from Town Counsel. Additionally, the charter would update notification requirements to include "news outlets" and the town website rather than strictly traditional newspapers. The meeting also included praise for Town Administrator Jay McGrail’s new warrant report, which Flynn described as an excellent job that aids voter preparation. Select Board member Mark noted his interest in upcoming discussions regarding the capital outlay process, which Flynn indicated would be addressed in the coming weeks. A public informational meeting on the charter changes is scheduled for June 18.