The Harwich Charter Commission moved to significantly sharpen town oversight this week, reaching a consensus to propose the creation of a new, five-member elected Charter Compliance Commission. This proposed body would serve as a formal venue for addressing grievances related to local governance, though members remain divided on how much enforcement power the group should wield. Under the current proposal, the commission would only be triggered to act upon receiving a written complaint signed by at least 10 residents. Richard Waste pushed for the new body to have tangible authority, stating, Compliance without any impact is useless. Let's look at different compliance commissions throughout the Commonwealth with our consultant. Motion Made by L. Haritch to propose an elected five-member Charter Compliance Commission that acts on written complaints with at least 10 signatures, with further research to be conducted on enforcement powers. Motion Passed by Consensus.

The debate over the compliance body’s scope highlighted a tension between citizen-led oversight and legal boundaries. Member Paul Don voiced caution regarding the commission's ability to interpret law or trigger court actions, noting, I think it's important to have a division where people draft, but those same people don't enforce or interpret. Others should interpret what has been said. I also question whether we have the ability to create something that causes court systems to act. Meanwhile, Lou Lowny advocated for the body to be elected rather than appointed to ensure independence, though he expressed concerns about legal liabilities. I think the commission needs to be elected, Lowny said. If we take a separate committee whose sole function is to decide if a person violated the charter, I don't want a group of elected people trying to make that decision without attorneys. Sandy added that the mere existence of the group might serve as a preventative measure, suggesting the biggest part of this committee is arbitration... just the fact of having a compliance commission there is enough of a deterrent.

In a move that creates a firm deadline for the Select Board’s current professionalization drive, the Commission also reached a consensus to limit the tenure of an Acting Town Administrator. The current charter allows for a 90-day appointment with one 90-day extension, a window many members argued is too short in the current hiring climate. Motion Made by L. Haritch to amend the charter to allow an acting town administrator appointment for 90 days, renewable for a period not to exceed an additional 180 days, and to move this language to Section 413. Motion Passed by Consensus. Chair Lana Haritch summarized the shift: What do we think about removing the language that says 'except in place of death or this or that' and just saying it may be renewed for an additional period not to exceed 180 days? So, appoint for 90, and then not to exceed an additional 180 days.

The decision to cap the "acting" clock at nine months total comes as Harwich continues its search for a permanent successor to lead the town's $53.5 million infrastructure plan. Sandy noted that the Select Board is already feeling the pressure of the hiring timeline. It needs to be longer. I spoke to Don and he said absolutely because we're up against the final allowed charter date and the interviews for the new town administrator aren't even going to take place until after the first of the year, Sandy explained, adding that any qualified candidate would need to provide significant notice to their current employer. Richard Waste, however, cautioned against a full one-year limit, arguing it might remove the sense of urgency for the Select Board. I would be very concerned about going a year because it goes back to accountability. Giving a year gives a sitting Select Board no rush to get it done, Waste said.

Accountability was also the driver behind a push to formally include the Board of Assessors in the town charter. Waste reminded the commission that the Assessors are the only local board where state certification is mandated for members and that they hold significant sway over Harwich’s $10 billion valuation and tax policy. On the committees to the charter, Assessors were not included. I need to remind people that Assessors are responsible for the budget. The Assessors sign off on the budget and are responsible for tax policy for the town, Waste noted, highlighting their role in managing nine different tax credits for over 350 residents.

The meeting also touched on the internal dynamics of the Select Board, specifically a proposal to mandate a rotation of the board chair. While one citizen suggested a nine-month rotation, Waste suggested a longer timeframe might be more stable. If we can memorialize in a charter that there is a rotation, that's a good thing. I would be more inclined to say at least once every two years, Waste said. The commission agreed to place term limits for chairs on a future agenda for formal discussion.

Finally, a procedural disagreement arose regarding how to solicit input from former town leaders. Waste advocated for a targeted outreach effort, stating, I believe we should specifically invite every living former Select Board member. They have knowledge and experience. Haritch initially resisted the idea of special invitations, noting, I'm a no. We invite the public every week. If it's important to them, they will be here. However, the commission eventually agreed to host a specific meeting in January dedicated to feedback from former Select Board members, with Lou Lowny offering to compile the necessary contact information. Earlier in the session, the group also finalized its entry for the Annual Town Report. Motion Made by Sandy to approve the December 11th minutes. Motion Passed (7-0-0).