Ten Percent Signature Threshold Proposed to Replace Onerous Harwich Recall Requirements
Key Points
- Commission proposes lowering recall petition signatures to 10% and extending the window to 60 days
- Three candidates interviewed for the vacant commission seat with a vote scheduled for next week
- Lou Orbano elected as the new commission clerk following Tony Lord's resignation
- Commissioners vote to solicit written feedback from all town department heads on charter revisions
- Former Select Board member Ed McManus suggests moving routine licensing to consent agendas to save time
The Harwich Charter Commission is moving to significantly lower the barriers for removing local officials from office, with members characterizing current recall rules as nearly impossible to navigate. During its October 30 meeting, the commission reached a consensus to propose reducing the required number of voter signatures for a recall petition from 20% down to 10%, while simultaneously extending the filing window from 14 days to 60 days.
The discussion was sparked by Sandy Hall, who argued that the existing charter language effectively renders the recall process useless. Hall noted that to be able to do 20% of the voters in 14 days is basically you might as well take the whole section out.
While the commission generally agreed the threshold was too high, Lou Orbano questioned the potential for misuse, asking What does it do if you're making it a bit easier for the town's people to say this person is stepping over the line... and we want to vote on it?
John Jory expressed similar caution, noting that while the current process is onerous,
the new rules should not encourage frivolous petitions. I don't want to see recalls happening every year over issues,
Jory said. It shouldn't be easy enough that a group of people from one neighborhood are upset that they didn't get their beach chairs so they want to recall a select board member.
Chair Linda Cebula suggested the 10% signature and 60-day window as a workable middle ground, pending further research into state law and the current 25% voter turnout requirement for recall elections to be valid.
The commission also dedicated a significant portion of the meeting to interviewing three candidates vying to fill the vacancy left by Tony Lord’s recent resignation. The candidates offered varying visions for the town’s management structure, a central theme in Harwich's ongoing professionalization efforts. Bob Nickerson, a Brooks Academy Commission chair whose family has been in town since 1675, advocated for giving the police chief hiring authority similar to the fire chief. The fact that the police chief has to go for approval for who he hires to the select board as opposed to the fire chief... doesn't make a lot of sense to me,
Nickerson told the commission.
Brendan Lowry, who chairs the Affordable Housing Trust, spoke in favor of a strong town manager model to allow the Select Board to focus on policy rather than day-to-day operations. I've gone down that rabbit hole of chasing bylaw to the state statute and back and forth,
Lowry said, emphasizing the need for clear guard rails
in the charter. Former Select Board member Ed McManus also interviewed for the seat, highlighting how unclear roles in the current charter have led to past acrimony and unnecessary legal expenses. McManus suggested that the town could gain efficiency if the Select Board stopped spending time on routine permits. It always drove me crazy that we spent so much time reviewing each and every liquor license permit and automobile junk permit,
McManus said, suggesting such items be handled by staff or a consent agenda. The commission plans to vote on the appointment next week.
In administrative business, the commission acted to fill its own internal leadership gap following the recent resignation of its clerk. Motion Made by R. Waystack to elect Lou Orbano to be clerk of the commission. Motion Passed (5-0-0). Earlier in the meeting, the commission also approved its previous records. Motion Made by Unidentified Member to approve the regular minutes for October 23rd. Motion Passed (5-0-0).
Looking ahead, the commission reversed a previous decision regarding input from town staff. While the group had originally decided in July not to seek comments from department heads, members now favor a written approach. Sandy Hall suggested that rather than having staff appear in person, they should provide written comments. John Jory agreed, suggesting a blanket email
be sent to all departments to ensure the commission understands the operational impacts of proposed charter changes. Chair Cebula also noted she is still waiting to hear back from the Select Board regarding a meeting invitation she extended earlier in the week.