Mandatory October Town Meetings Anchor Harwich Charter Consensus to Shorten Crowded Spring Warrants

Key Points

  • Consensus reached to mandate semi-annual Town Meetings held in May and October
  • Charter requirement proposed for a Select Board-approved Code of Conduct for all officials
  • Debate over mandating "reasonable access" for committees to department heads and data
  • Commission signals support for maintaining Assistant Town Administrator position to protect executive "thinking space"
  • Review initiated on moving wastewater construction oversight specifically to the Select Board section of the Charter

Seeking to resolve the perennial struggle of marathon spring sessions and voter fatigue, the Harwich Charter Commission reached a firm consensus this week to mandate a semi-annual town meeting structure. The decision would codify two regular meetings per year—one in May and another in October—returning the town to a framework originally established in the 1987 charter but later abandoned. The shift comes as Harwich faces increasingly bloated warrants, driven by complex 40B housing developments, multi-million dollar capital requests, and intensifying environmental regulations.

Sandra Hall, serving as Chair, presented the commission with historical precedent to support the move. Hall pointed to the 1987 charter language which specified the first week of May for the annual budget and financial matters, and the first week of October for planning, zoning, and bylaws. The town meeting shall regularly adopt an annual operating capital budget and act on financial and other matters, Hall noted while reading from the historic document. It leaves it open. I think it's well worded. The original charter specified the first week in May and somewhere along the line, somebody decided to change it. There was no need.

The commission grappled with how to divide the town’s business between the two sessions. Lou Lowny reported that he and member Paul Doane had examined the warrants from the last three years to determine if a natural split existed between financial and zoning articles. Lowny initially expressed skepticism about a rigid divide, noting that splitting them up, they're going to be the same no matter what we do. It doesn't make any sense. However, as the discussion evolved, Lowny shifted his stance toward a mandate for two meetings while allowing the Select Board flexibility on the content. I prefer to mandate a spring and a fall meeting. Open at the day that they choose, open to what they want to put in, not limiting financial or zoning because in essence everything is financial, Lowny said.

Herb Foster emphasized the need for efficiency, supporting the separation if it prevented the town from being bogged down in multiple nights of deliberations. I like the separation to some degree if you allow flexibility, Foster said. But again, as time allows, so you don't drag it out into three nights each spring and fall. The commission eventually agreed that while the May meeting would focus on the capital and operating budgets, the October session would serve as a mandated opportunity to handle zoning and bylaws without the pressure of the town’s $7.6 million capital plan looming over the voters.

The conversation regarding administrative efficiency extended to the town’s executive leadership. Richard Waystack reported to the commission on a recent Select Board discussion regarding the necessity of an Assistant Town Administrator (ATA) position. Waystack cautioned against any charter changes that might inadvertently diminish the executive's capacity to lead. I said we are discussing the potential of a strong town administrator, whereas eliminating an assistant may put additional responsibilities on the town administrator as a result of potential change to the charter, Waystack told the commission. He noted that without adequate staffing, visionary management is often sacrificed for daily administrative tasks. The white space is the first thing to go. The thinking space is the first to go. It leads to things like articles that were approved three years ago not being initiated or followed up on because there's only so much time.

The commission also addressed a recurring source of friction in town government: the ability of volunteer committees to access town staff and data. Lowny advocated for clear charter language to prevent future town administrators from blocking information flow. I want a policy in the charter where the select board and the town administrator shall jointly develop and maintain a policy outlining how department heads interface with and provide information to boards and committees, Lowny argued, adding that he wanted to take the wiggle room out of the current system. Waystack suggested adding a specific responsibility to the Town Administrator’s role, stating, The town administrator shall be responsible for fulfilling informational requests and providing access to department heads as needed by committees.

However, Hall expressed concern that a blanket mandate could overwhelm town employees. I hear what the finance committee wants. But is it reasonable? Hall asked. We've got to be very careful not to mandate something in the charter that would create a grievance of an employee being told they have to be at two meetings a night every week outside of regular business hours. The commission decided to defer a final vote on this language until they could consult with the incoming Town Administrator, James McGrail, to understand how he has managed staff-committee relations in other municipalities.

A second major consensus was reached regarding a mandatory Code of Conduct for all elected and appointed officials. Rather than writing the specific ethics rules into the charter itself, the commission agreed to mandate that the Select Board create and maintain a formal handbook. Waystack argued that this move would bring accountability into the daylight of public meetings. I want this so that when people know if someone's coming to one of my committees, every person is treated with respect, Waystack said. Brendan agreed with a streamlined approach, suggesting that the charter should simply require the code to be written and approved by the select board and reviewed and updated every five years.

The meeting concluded with a brief review of Chapter 10, specifically transition language regarding the design and construction of the town’s sewer system. The commission is considering moving this oversight to the Select Board section of the charter, as the Water and Wastewater Commissioners have indicated that the Select Board is currently handling those major infrastructure projects. The commission plans to further review this transition language and begin drafting a vision statement for the charter in their upcoming sessions.