30-Day Ultimatum: FinCom Proposes Charter Change to Fill Vacancies if Moderator Fails

Key Points

  • Finance Committee proposes charter power to fill its own vacancies if the Moderator fails to act within 30 days
  • Members seek mandatory authority to provide recommendations on all Town Meeting articles, regardless of fiscal impact
  • Chair MacCready recommends moving the town budget submission deadline to late January to allow more review time
  • Committee proposes requiring the Town Administrator to maintain a formal five-year operating forecast
  • Proposed charter changes include making the Finance Director an ex-officio, non-voting member of the committee

The Harwich Finance Committee is seeking to overhaul its role within the town’s governing document, proposing a "30-day ultimatum" to address persistent board vacancies and demanding the explicit right to weigh in on every article appearing on a Town Meeting warrant. Chair Robert MacCready convened the committee on August 21 to finalize recommendations for the Charter Commission, framing the effort as a necessary step to ensure the board has the "teeth" and the data required to oversee Harwich’s fiscal health.

Addressing a "personnel vacuum" that has plagued several town boards recently, Member Dana DeCosta proposed a significant shift in how the Finance Committee is populated. Under the proposal, if the Town Moderator fails to fill a committee vacancy within 30 days of written notification, the Finance Committee would gain the authority to appoint a member itself by majority vote. Vacancies in the Finance Committee shall be filled by the Moderator within 30 days, DeCosta suggested for the draft language, adding that if that deadline is missed, the remaining members of the committee shall fill the vacancy by majority vote. MacCready signaled strong support for the move, noting that a five-member quorum is often difficult to maintain when seats remain empty for long periods. All 30 days says is that at the end of that period, the Finance Committee adds its capacity to appoint someone to the existing Moderator capacity, MacCready said.

The committee also reached a firm consensus that the town charter must be clarified to mandate Finance Committee recommendations on all warrant articles, not just those with immediate price tags. This comes as the town continues to grapple with long-term fiscal transparency, including an ongoing four-year audit gap at the Monomoy Regional School District. Vice Chair Scott Norum argued that the current charter language focusing only on "expenditures" is too narrow. I find it curious that 2-8-2 refers only to expenditures and not revenues or receipts, which are just as important to the functioning of the town, Norum said, advocating for a blanket statement covering all articles. DeCosta reinforced this, noting that even non-monetary articles eventually carry financial consequences. You can literally show even ones that don't have money in them are going to affect money at some point, he said.

Further transparency was a recurring theme as the committee discussed the duties of the Town Administrator. MacCready recommended adding a formal requirement for the Administrator to maintain a five-year operating forecast, an item that has been a point of contention in recent joint meetings with the Select Board. Member Tina Games pushed for language that would guarantee a steady stream of data to the board's leadership. Is that a place to insert, like we were talking about, copying the Finance Chair on certain things? Games asked. I guess I'm looking for where we can guarantee that information flow. While the committee currently has the legal authority to request documents, members noted that past administrations have occasionally been slow to provide them.

To provide the committee with more time to vet complex spending proposals, MacCready proposed moving the town’s budget submission deadline from the second Tuesday of February to the end of January. He argued the board needs more lead time to review the "run rates" of various departments before Town Meeting. We need to accelerate the timing of delivery of product, MacCready said. Member Daniel Tworek suggested the charter should also normalize higher levels of independent oversight, noting that auditors present to Finance Committees in most other professional sectors. Member Mark Ameres participated in the consensus regarding these revisions, which the committee intends to present to the Charter Commission before its September 1 deadline.

The board also touched on the town's historical difficulty in tracking "special legislation," such as benefit packages for elected officials that exist in state law but are not recorded in the town charter. DeCosta argued these rules should be codified locally so they are easily accessible to the public. Additionally, the committee decided to send a letter to the Town Moderator regarding a dormant charter requirement that he attend Finance Committee meetings, suggesting the mandate be removed to allow him to attend at his own discretion rather than by force of law.