We, the people of the Town of Harwich, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Commonwealth, do hereby adopt the following home rule charter for this town.

CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS

SECTION 1 Incorporation

1-1-1 The present Town of Harwich, within its territorial limits as now or as may hereafter be established by law, is hereby continued as a body corporate and politic with perpetual succession under the name: Town of Harwich.

SECTION 2 Form of Government

1-2-1 This charter provides for an open Town Meeting-Board of Selectmen-Town Administrator form of town government, and it shall be known by the title: Harwich Home Rule Charter.

SECTION 3 Scope and Construction of Town Powers

1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein.

SECTION 4 Construction of Charter

1-4-1 The powers of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers in the charter shall not be construed as limiting in any measure the general powers of the town as stated in this chapter.

SECTION 5 Severability

1-5-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of this charter to any person or circumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby.

SECTION 6 Intergovernmental Relations

1-6-1 The town may exercise, consistent with the provisions of law, any of its powers, or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more municipalities, civil divisions, subdivisions, or agencies of the Commonwealth, other states, or of the United States government.

CHAPTER 2 TOWN MEETING

SECTION 1 Organization and Powers

2-1-1 The legislative powers of the town shall be exercised by a Town Meeting open to all registered voters of the town.

2-1-2 The Town Meeting shall consider and act upon with or without amendments, all by-laws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town.

2-1-3 The Town Meeting may act on resolutions.

2-1-4 The Town Meeting shall possess and may exercise all powers possible under general law.

SECTION 2 Warrants

2-2-1 Warrants for all Town Meetings will be issued by the Board of Selectmen and opened and closed in accordance with the By-law.

2-2-2 The warrant for any and all Town Meetings shall be published in a newspaper of general circulation within the town at least fourteen days prior to the meeting, and shall be posted in a public place in every precinct in the town at least fourteen days prior to any such meeting.

SECTION 3 Procedures

2-3-1 The annual election of Town officers shall be called pursuant to Chapter 8, clause 8-1-1. The annual Town Meeting for transaction of other Town business shall be held the first Monday in May.

2-3-2 A special Town Meeting may be called by the Board of Selectmen, and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town.

2-3-3 The quorum for the conduct of business for any Town Meeting shall be as provided by by-law.

2-3-4 In all procedural matters, the Town Meeting shall be governed by general law, this charter, or by-law.

SECTION 4 Initiative

2-4-1 Any ten voters of the town may secure by written petition to the Board of Selectmen the inclusion of an article in a warrant for the annual Town Meeting, and at least one hundred registered voters may secure the same for any duly scheduled special Town Meeting.

SECTION 5 Moderator

2-5-1 A moderator, elected in accordance with clause 6-3-1, shall preside at all sessions of the Town Meeting.

SECTION 6 Simplified Rules of Procedure

2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall be included in the Town Meeting warrants prepared for distribution to town voters.

SECTION 7 Ad Hoc Committees

2-7-1 All ad hoc committees established by the Town Meeting shall be appointed by the moderator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority.

SECTION 8 Articles Having Fiscal Implications

2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the Town Meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures.

2-8-2 All articles involving an expenditure of town funds shall be considered by the Finance Committee. The committee shall issue a written recommendation on all such articles. The chairman of the committee, or a designated representative, shall be present at the meeting to provide verbal explanations of the committee’s recommendations.

2-8-3 Unless the article has been submitted by petition in accordance with clause 2-4-1, no article calling for the appropriation of funds shall be included in any special Town Meeting warrant unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee, acting separately at separate meetings.

SECTION 9 Compulsory Attendance

2-9-1 All town officers, the chairmen of boards and commissions, division directors, and department heads, or their duly designated representatives, shall attend sessions of the Town Meeting when proposals affecting their particular office, board, division, department, or function are included in the warrant. The absence of any such persons shall not invalidate the actions of the Town Meeting.

CHAPTER 3 BOARD OF SELECTMEN

SECTION 1 The Board of Selectmen

3-1-1 A Board of Selectmen of five members shall be elected at-large for three-year overlapping terms.

3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law.

SECTION 2 Policy Leadership Responsibilities

3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other Town Meeting vote.

3-2-2 The Board of Selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept.

3-2-3 The Board of Selectmen shall serve as the chief policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the Town Administrator to help it in carrying out its administrative duties, and make recommendations to the Town Meeting relating to actions required to be taken by that body.

SECTION 3 General Powers, Duties and Responsibilities

3-3-1 The Board of Selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by Town Meeting.

SECTION 4 Powers of Investigation

3-4-1 The Board of Selectmen may conduct investigations and may authorize the Town Administrator or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Clerk, and a report summarizing such investigation shall be printed in the next town report.

SECTION 5 Specific Powers, Duties, and Responsibilities

3-5-1 The Board of Selectmen shall be recognized as head of the town government for all ceremonial purposes.

3-5-2 The Board of Selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules and regulations relating to all businesses for which it issues licenses.

3-5-3 The Board of Selectmen shall have the authority to designate from time to time one or more of their members to sign warrants for the payment of Town funds in the absence of the Town Administrator as referenced in Clause 4-6-1. Such designation shall be in the form of a vote by a majority of the Board at a duly called and held Public Meeting which vote shall take effect as soon as a written copy thereof signed by a majority of the Board is filed in the Office of the Town Clerk, Town Accountant and Town Treasurer.

SECTION 6 Powers of Appointment

3-6-1 The board shall have the power to appoint: a) a Town Administrator as provided in Chapter 4; b) a Town Counsel; c) a Town Accountant; d) a Police Chief; e) a Fire Chief; f) three Assessors for overlapping three-year terms; g) three members of a Board of Registrars of voters for overlapping three-year terms; h)Election Officers; i) one or more Constables; and j) one member of the Capital Outlay Committee.

3-6-2 The board shall also have the power to appoint policy-making boards enumerated in Chapter 7 and such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. Unless otherwise provided, the board shall also appoint such other boards as may be hereafter established by general law, charter, by-law, or vote of the Town Meeting.

SECTION 7 Prohibitions

3-7-1 Except for the purpose of investigation authorized by this charter, the Board of Selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the Town Administrator solely through the Town Administrator and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately.

3-7-2 Members of the Board of Selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the Board of Selectmen is the appointive authority.

3-7-3 Members of the Board of Selectmen shall be eligible to serve as ex officio, non-voting members of ad hoc advisory committees.

CHAPTER 4 THE TOWN ADMINSTRATOR

SECTION 1 Appointment

4-1-1 The Board of Selectmen, by an affirmative vote of at least four members, shall appoint a Town Administrator for an indefinite term to serve at its pleasure.

4-1-2 In selecting a Town Administrator, the Board of Selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar professional publication and in at least two newspapers having statewide or regional circulation.

SECTION 2 Qualifications

4-2-1 The Town Administrator shall be appointed on the basis of educational, executive and administrative qualifications and experience. The educational qualifications shall consist of at least a bachelor’s degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternately, two years or more of professional experience and a master’s degree in an appropriate discipline shall qualify any applicant.

SECTION 3 Duties

4-3-1 The Town Administrator shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter, or by-law under the control of the Board of Selectmen and of the Town Administrator.

4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment; and he shall not engage in any business activity during his term, except with the written consent of the Board of Selectmen. He shall:

Attend all meetings of the Board of Selectmen, except when excused,

and he shall have the right to speak but not to vote.

Assemble, prepare, and present to the Board of Selectmen the annual operating budget of the town.
Develop and annually revise the capital improvements plan and budget, in consultation with the Capital Outlay Committee.
Be responsible for seeing that the budget is administered and expended as adopted by the Town Meeting and in accordance with general law, this charter, and by-law.
Keep the Board of Selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit regular reports to the board.
Keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs.
Be responsible for the solicitation and preparation of applications for grants.
Serve as Personnel Administrator, be responsible for the day-to-day administration of the personnel system and by-law, and administer and enforce collective bargaining contracts, the personnel by-law, and rules and regulations adopted by the Board of Selectmen.
Be responsible for the purchasing of services, supplies, materials, and equipment for all town divisions, departments, and offices, excepting those for the school department and for the Brooks Free Library.
Coordinate, with the approval of the Board of Selectmen, the administrative activities of all boards and officers concerned with the physical, economic, and environmental development of the town.
Develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal.
Convene regular meetings of the management advisory team established by clause 5-3-3.
Negotiate collective bargaining contracts on behalf of the Board of Selectmen, unless the board shall have designated another negotiator.
Perform such other duties as may be required by this charter, by-law, or vote of the Board of Selectmen.

SECTION 4 Responsibilities for Appointments

4-4-1 Subject to the approval of three or more affirmative votes of the Board of Selectmen, the Town Administrator shall have the power to appoint, and on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or the personnel by-law, may suspend or remove a) Division Directors; b) Department Heads; c) a Treasurer-Tax Collector; d) a Town Engineer; e) a Town Planner; f) a Health Agent; g) a Harbor Master; h) a Director of Recreation; and i) one member of the Capital Outlay Committee.

4-4-2 The Town Administrator shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: a) all full-time town employees; b) all part-time employees; c) all employees of appointed town multi-member bodies; d) one or more inspectors; and e) all other full-time, part-time or seasonal employees, except those of the Library Trustees, the Police and Fire Departments, the School Committee and those departments headed by elected officials. All such appointments and removals shall be subject to disapproval by four affirmative votes of the Board of Selectmen taken within fourteen days.

SECTION 5 Responsibilities for Administrative Reorganization

4-5-1 The Town Administrator may, with the approval of the affirmative vote of at least three members of the Board of Selectmen, establish, reorganize, consolidate or abolish any division, department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter.

4-5-2 The creation of any new full-time, compensated position which requires the approval of the Board of Selectmen shall not become effective until the position has been funded by a vote of Town Meeting.

SECTION 6 Responsibilities for Disbursements

4-6-1 The Town Administrator shall have the authority to issue warrants for the payment of Town funds and his signature thereon will be sufficient authorization for payment thereof by the Town Treasurer provided, however, in the absence of the Town Administrator or in the event of a vacancy in said office, warrants may be signed by the person or persons designated by the Board of Selectmen in accordance with Clause 3-5-3 of Chapter 3, Section 5.

SECTION 7 Evaluation

4-7-1 The Board of Selectmen shall annually evaluate the performance of the Town Administrator. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation.

4-7-2 A copy of the evaluation shall be provided to the Town Administrator.

SECTION 8 Removal

4-8-1 The Board of Selectmen, by the affirmative vote of at least three members, may initiate the removal of the Town Administrator by adopting a resolution to that effect, stating the reasons therefor, provided that no such resolution shall be adopted within ninety days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting of the board and in open session.

4-8-2 The adoption of said resolution shall serve to suspend the Town Administrator for a period of not more than forty-five days during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the Town Administrator in person, or sent by registered mail to his place of residence.

4-8-3 Within five days following the receipt of such resolution, the Town Administrator may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time and date to be posted in the town hall and in three other places of public access within the town.

4-8-4 The moderator shall preside at any such hearing.

4-8-5 At any such hearing, the reasons for the removal shall first be read aloud. The Town Administrator shall then have the right to respond, either personally or through counsel. The Board of Selectmen and the Town Administrator shall have the right to call witnesses and to subpoena any and all town records.

4-8-6 Final removal of any Town Administrator shall be effected by the affirmative vote of at least three members of the Board of Selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a public meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the Town Administrator shall continue to be paid for a period of sixty days after the vote effecting removal from office.

4-8-7 The Town Administrator shall provide the Board of Selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement.

SECTION 9 Filling Vacancy

4-9-1 When a vacancy arises in the office of the Town Administrator, the Board of Selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months.

SECTION 10 Acting Town Administrator

4-10-1 The Board of Selectmen shall designate, within ten days, a town employee, other person, or a member of the Board of Selectmen to exercise the rights and perform the duties of the Town Administrator during any vacancy caused by temporary absence, or suspension, or removal, resignation or death of the Town Administrator. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be eligible for appointment as Town Administrator.

CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION

SECTION 1 General

5-1-1 The administrative functions of the town government shall be performed within the organizational framework of two or more divisions and several departments.

5-1-2 The divisions shall include: a Division of Finance; a Division of Highways and Maintenance; and such other divisions as shall be established in accordance with the provisions of 4-5-1.

5-1-3 The departments shall include; a Police Department; a Fire Department; a Planning Department; and such other departments as shall be established in accordance with the provisions of 4-5-1.

5-1-4 Responsibility for the functions administered within the several divisions and departments shall be vested in the Town Administrator.

5-1-5 Except as otherwise provided in this chapter, the Town Administrator, with the approval of the Board of Selectmen, shall designate those divisions to be supervised by a division director and those, if any, to be supervised by the Town Administrator. If the Town Administrator is designated to act as director of one or more divisions, he shall serve in such additional capacity without additional compensation.

5-1-6 With the approval of the Town Administrator, a division director, other than the Town Administrator, may designate himself as head of one or more departments within his respective division, but if so designated he shall serve in such additional capacity without additional compensation.

5-1-7 Employees or officers of the town who are or may be designated as directors of divisions shall be appointed subject to the provisions of clause 4-4-1. Such persons shall plan, organize, schedule, coordinate, and budget the activities of the several departments placed by this charter or by administrative reorganization within a particular division.

SECTION 2 Division of Finance

5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disbursements, purchasing, and others of a fiscal nature shall be carried out within a Division of Finance.

SECTION 3 Division of Highways and Maintenance

5-3-1 A Division of Highways and Maintenance shall be established under the direction of an appointed officer, to be known as the Director of Highways and maintenance.

5-3-2 The division shall be responsible for: a) the construction, maintenance, repair, lighting, and cleaning of roads, highways, and streets; b) the collection, if any, and disposal of solid waste and the maintenance and operation of all facilities for the disposal of same; c) the preservation, care, maintenance, and improvement of all town-owned cemeteries; d) the care and maintenance of public grounds, including parks; e) the planting, care and pruning of all shade trees growing on town-owned land; f) the servicing, maintenance and repair of all automotive vehicles and vehicular equipment owned by the town, except as otherwise determined by the Board of Selectmen or in cases of emergency; g) the repair and maintenance of town-owned buildings; h) the care, maintenance, and cleaning of parking lots, public beaches, and of the land-side and grounds of town harbors; and i) such other public works functions as may be assigned by this charter or by-law.

5-3-3 A management advisory team shall be established within the division. The team shall include the Director of the Division, department heads, the Town Engineer, the Superintendent of the Water Department, and such other persons as may be appointed to the team by the Town Administrator. The team shall provide advice to the director on all matters relating to the functions of the division.

SECTION 4 Police Department

5-4-1 A Police Department shall be established under a Chief of Police. The Board of Selectmen shall appoint the Chief of Police and such other officers as they deem necessary, as provided by Section 97A of M.G.L. Chap. 41.

SECTION 5 Fire Department

5-5-1 A Fire Department shall be established under a fire chief, who shall be appointed by the Board of Selectmen.

SECTION 6 Planning Department

5-6-1 A Planning Department shall be established under a Town Planner, who shall be appointed in accordance with the provisions of clause 4-4-1.

5-6-2 The Town Planner shall be professionally qualified for the duties of his office by reason of education, training and experience, and shall provide his services under the general policy direction of the Planning Board, subject to the day-to day supervision of the Town Administrator.

CHAPTER 6 ELECTED TOWN OFFICERS AND BOARDS

SECTION 1 General Provisions

6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a Moderator, a Town Clerk, a Board of Selectmen as provided in Chapter 3, a School Committee, a Water Commission, a Board of Library Trustees, and a Housing Authority.

6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws.

6-1-3 Except as provided in clause 4-10-1, no member of any elected town board, committee or commission established under this chapter shall be eligible to accept any appointed, paid position under any such board. This prohibition shall apply to the term for which an office holder has been elected, and for one year following the expiration of said term of office.

SECTION 2 Vacancies

6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the Board of Selectmen together with the remaining members of the respective board, in accordance with the provisions of law.

SECTION 3 Moderator

6-3-1 A Moderator shall be elected for a three-year term. The moderator shall: a) preside at all Town Meetings; b) appoint the members of the Finance Committee; c) appoint ad hoc committees of the Town Meeting in accordance with clause 2-7-1; d) preside at any hearing called to discuss the suspension or removal of the Town Administrator; and e) annually attend at least three meetings of the Finance Committee.

SECTION 4 Town Clerk

6-4-1 A Town Clerk shall be elected for a three-year term.

6-4-2 The Town Clerk shall carry out such duties as are, and may be, provided by general law, this charter, by-law and by vote of the Town Meeting.

SECTION 5 School Committee

6-5-1 A School Committee of five members shall be elected at large for three-year overlapping terms.

6-5-2 The School Committee shall conduct a public hearing prior to submitting a budget to the Town Administrator. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be

distributed to those requesting them.

6-5-3 Except as otherwise voted by the town, the School Committee shall be responsible for the maintenance and repair of all school buildings.

SECTION 6 Water Commission

6-6-1 A Water Commission of three members shall be elected for three-year overlapping terms.

6-6-2 The Water Commission shall possess and exercise all powers given to said board under Chapter 165 of the Acts of 1935.

6-6-3 The commission shall appoint a Water Superintendent, and shall request such officers to cooperate with, and be responsive to, requests emanating from the Town Administrator’s office.

SECTION 7 Library Trustees

6-7-1 A board of Library Trustees of seven members shall be elected for three-year overlapping terms.

6-7-2 The board shall be responsible for the administration and operation of the Brooks Free Library, including staffing of professional library staff, acquisitions of books, journals, periodicals, and other materials relating to the library function, and the promulgation of library rules and regulations.

SECTION 8 Housing Authority

6-8-1 There shall be a housing authority of five members, one of who shall be appointed under authority of the Commonwealth and four of who shall be elected. The elected members shall serve five-year overlapping terms.

CHAPTER 7 APPOINTED TOWN BOARDS

SECTION 1 Advertising of Vacancies on Town Boards

7-1-1 To promote a maximum level of diverse, active, and interested citizen representation and participation on appointed boards, the Board of Selectmen shall advertise all vacancies and impending appointments. Said advertising shall enumerate the vacancies on town boards that are to be filled and include a brief summary of the duties, and shall solicit the names of persons able and willing to serve. The advertisement shall also state the location, time and date of the meeting, to be held no sooner than seven days after the publication of the advertisement, at which the board anticipates that the appointments will be made.

7-1-2 Prior to making appointments to the Finance Committee, the moderator shall cause a similar notice to be published, enumerating the vacancies that are to be filled and the location, time, and date when the moderator will be available to interview persons able and willing to serve.

SECTION 2 General Provisions

7-2-1 Multi-member bodies established by this chapter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the Town Meeting.

7-2-2 All boards, commissions, and committees of the town shall; a) organize annually; b) elect necessary officers; c) establish a quorum requirement; d) adopt rules of procedure and voting; e) maintain minutes and records of attendance, copies of which shall be a public record and regularly filed with the Town Clerk; and f) nominate prospective employee(s) of their choice, who shall then be considered for appointment by the Town Administrator, as provided in clause 4-4-2.

7-2-3 All such boards shall meet with the Board of Selectmen at least once in each year.

7-2-4 All such boards shall conduct their meetings in accordance with the open meeting provisions of the open meeting law.

7-2-5 Members of boards established under this chapter may receive such compensation for their services as may be authorized by the Town Meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board shall be eligible to accept any paid position under any such board.

7-2-6 Any person duly appointed to any such board shall take up the duties of his office immediately.

7-2-7 The unexcused absence, without good cause, of a member from four or more consecutive meetings of any such board shall serve to vacate the office. When such a vacancy has been created, it shall be filled within thirty days, in accordance with general law.

SECTION 3 Change in Composition of Appointed Town Boards

7-3-1 The Town Meeting may, by by-law, enlarge or decrease the number of persons to serve as members of appointed town multi-member bodies, provided, however, that all such bodies shall always consist of an odd number of members.

SECTION 4 Board of Health

7-4-1 A Board of Health of five members shall be appointed by the Board of Selectmen for three-year overlapping terms. One member, at least, shall be a doctor of medicine, or a person with significant experience in public health.

7-4-2 A health agent shall be appointed by the Town Administrator, as provided in clauses 4-4-1 and 7-2-2 (f). The health agent shall be subject to the day-to-day supervision of the Town Administrator within the scope of the general policy and direction established by the Board of Health.

SECTION 5 Planning Board

7-5-1 A Planning Board of (9) nine members and (2) two alternate members shall be appointed by the Board of Selectmen for three-year overlapping terms.

7-5-2 The board shall make recommendations to the Town Administrator and to the Town Planner on all matters concerning the physical, economic, and environmental development of the town.

7-5-3 The board shall be responsible for the development and periodic updating of a master plan or portions thereof. A summary of such plan(s) shall be submitted to the Town Meeting, which shall act thereon, with or without amendments.

7-5-4 After the summary has been acted on by the Town Meeting, the Planning Board shall utilize the plan in making zoning and other recommendations to the Town Meeting. The board shall report annually on the status of the master plan (s).

7-5-5 Whenever the Planning Board recommends proposed amendments to the zoning by-law, it shall provide detailed written explanations of its recommendations.

SECTION 6 Board of Assessors

7-6-1 A Board of Assessors of three members shall be appointed by the Board of Selectmen for three-year overlapping terms. One member, at least, shall be professionally qualified for the duties of the office.

7-6-2 The deputy assessor shall be subject to the day-to-day supervision of the Town Administrator within the scope of the general policy and direction established by the Board of Assessors.

SECTION 7 Conservation Commission

7-7-1 A Conservation Commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

SECTION 8 Council on Aging

7-8-1 A Council on Aging of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

SECTION 9 Historical Commission

7-9-1 An Historical Commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

SECTION 10 Recreation and Youth Commission

7-10-1 A Recreation and Youth Commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

7-10-2 The commission shall develop and carry out programs designed to meet the opportunities, challenges and problems of youth in the Town of Harwich. It shall be responsible for the development of comprehensive, year-round, indoor and outdoor recreation programs and policies including management of beach and pond activities and properties. Such policies and programs shall be designed to meet the recreational needs of children, youth, adults and the elderly.

7-10-3 The policies adopted by the commission shall be administered by the Director of Youth and Recreation who shall be subject to the day-to-day supervision of the Town Administrator within the scope of the general policy and direction established by the commission.

SECTION 11 Arts Council

7-11-1 An Arts Council of five members shall be appointed by the Board of Selectmen for two-year overlapping terms. Members shall not be eligible to serve more than two consecutive terms.

SECTION 12 Zoning Board of Appeals

7-12-1 A Zoning Board of Appeals of five members and five associate members shall be appointed by the Board of Selectmen for three-year overlapping terms.

SECTION 13 Golf Commission

7-13-1 A Golf Commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

7-13-2 The commission shall have full power and responsibility for the construction, maintenance and operation of the municipal golf course.

7-13-3 The Golf Superintendent, Golf Operations Manager or employee having the general powers of supervision of the golf course shall be under the day-to-day supervision of the Town Administrator within the scope of the general policy and direction established by the Golf Commission.

SECTION 14 Waterways Commission

7-14-1 A Waterways Commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms.

SECTION 15 Cemetery Commission

7-15-1 A Cemetery Commission of three members shall be appointed by the Board of Selectmen for three-year overlapping terms.

7-15-2 The commission shall be responsible for the administration of cemeteries and cemetery funds and shall develop policies, to be carried out by the division of highways and maintenance, relating to the preservation, care, maintenance, and improvement of all town-owned cemeteries.

SECTION 16 By-law Revision

7-16-1 A By-law Revision Committee of five members shall be appointed by the Board of Selectmen. The committee shall regularly review the general by-laws of the town and submit proposed revisions to the Town Meeting, at least once every five years.

CHAPTER 8 ELECTION AND RECALL

SECTION 1 Town Elections

8-1-1 The regular election for all Town officers who are chosen by ballot shall be held the third Tuesday in May. The warrant calling said election may include other ballot questions as determined by the Selectmen.

8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter.

SECTION 2 Town Elections to be Nonpartisan

8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever.

SECTION 3 Eligibility of Town Voters

8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town.

SECTION 4 Time of Taking Office

8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification.

SECTION 5 Recall of Elective Officers

8-5-1 Any holder of an elective office may be recalled by the voters as herein provided.

8-5-2 Five percent of the registered voters of the town may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The Town Clerk shall thereupon deliver to the voter first named on such affidavit a sufficient number of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office.

8-5-3 A copy of the petition shall be entered in the Town Meeting records. The recall petition shall bear the signature and residential addresses of at least twenty percent of the registered voters. The recall petition shall be returned to the Town Clerk within thirty working days after the filing of the affidavit.

8-5-4 The Town Clerk shall within twenty-four hours of receipt submit the petition to the registrars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters.

8-5-5 If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within five working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty days after the date of the Town Clerk’s certificate that a sufficient petition has been filed, provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election.

8-5-6 Any officer sought to be removed may not be a candidate to succeed himself. The nomination of candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election.

8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.

8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall (here insert the name and title of the elective officer whose recall is sought) be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty-five percent of the registered voters of the town.

8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation.

CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES

SECTION 1 Finance Committee

9-1-1 A Finance Committee of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. No member shall serve more than three consecutive terms.

9-1-2 Any person duly appointed to the Finance Committee shall take up the duties of the office upon the final adjournment of the May Town Meeting.

9-1-3 Vacancies in the Finance Committee shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the committee. Any person appointed to fill out an unexpired term shall take up the duties immediately.

9-1-4 No member of the Finance Committee shall hold any other elected or appointed town office, except the Capital Outlay Committee.

SECTION 2 Submission of Budget and Budget Message

9-2-1 On or before the first day of October of each year, the Town Administrator shall present the Board of Selectmen with the current financial assessment of the Town including the latest estimated revenues for the ensuing fiscal year and any specific related fiscal data.

9-2-2 On or before the first Tuesday of October of each year, the Board of Selectmen, after consulting with the Town Administrator, shall issue a general policy statement to guide the Town Administrator in developing the budget requests for the ensuing year.

9-2-3 All division directors and department heads, boards, committees and commissions shall submit their budget requests to the Town Administrator on or before the first Friday in November of each year.

9-2-4 On or before second Tuesday in January the Town Administrator shall submit to the Board of Selectmen a comprehensive budget for all Town functions for the ensuing fiscal year and shall submit to the Selectmen a budget message.

9-2-5 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: a) outline the proposed financial policies of the Town for the ensuing fiscal year; b) describe the important features of the budget; c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the

reasons for such changes; d) summarize the Town’s debt position; and e) include such other material as the Town Administrator may deem appropriate.

9-2-6 The budget shall provide a complete financial plan for all Town funds and activities and shall be in such format as the Finance Committee may suggest, provided the format suggested is compatible with commonly accepted standards of municipal budgeting. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, and multi-member bodies.

SECTION 3 Action on the Proposed Budget

9-3-1 The Board of Selectmen and the Finance Committee will meet jointly or severally in such budget hearings as are deemed necessary to adequately review the proposed budget of the Town Administrator.

9-3-2 On or before the first Tuesday in March of each year, the Board of Selectmen shall submit to the Finance Committee a budget which has been approved with or without amendments to the Town Administrator’s proposed budget.

9-3-3 The Finance Committee shall conduct one or more public hearings on the proposed budget after it has been submitted to it by the Selectmen and by March 31 of each year shall submit it's written recommendations on the budget and on all articles to appear in the Warrant. Said written recommendations shall be made available for distribution to the public ten (10) days at least prior to the scheduled date of Town Meeting. To assist in its preparation of recommendations, the Committee may require the Town Administrator, the head of any division or department or any other Town officer or member of a board or commission to furnish it with appropriate data.

9-3-4 The Board of Selectmen shall present the budget to Town Meeting.

SECTION 4 Budget Adoption

9-4-1 The Town Meeting shall adopt the budget, with or without amendments, prior to the beginning of the fiscal year.

SECTION 5 Capital Outlay Committee

9-5-1 A Capital Outlay Committee of seven (7) members shall be appointed for three-year overlapping terms. Two (2) members shall be appointed by the Finance Committee, two (2) members shall be appointed by the Board of Selectmen, one (1) member shall be appointed by the Planning Board, and two (2) members shall be appointed by the Town Administrator.

9-5-2 The Capital Outlay Committee shall assist the Town Administrator in the development of the Capital Outlay Plan and Budget.

SECTION 6 Capital Outlay Plan

The purpose of the five (5) year capital outlay plan is to provide the town with a long range forecast of the town’s capital improvement needs, and to attempt to keep debt borrowing levels as even as possible from year to year.
A capital outlay shall be defined as the acquisition, construction, or renovation of buildings, equipment or land having a total cost of $100,000 during any budget year and/or planning funds for any such capital outlays, except that the acquisition of land for conservation, open space, or watershed purposes is excluded from this definition.
The Town Administrator shall submit a five (5) year capital outlay plan which shall consist of the four (4) remaining years of the previously voted plan plus one (1) new year added as the fifth year of the plan, to a joint meeting of the Board of Selectmen and the Finance Committee, during the month of December of each year.
The Board of Selectmen shall hold a joint public meeting on the submitted capital outlay plan with the Finance Committee and the Capital Outlay Committee on or before the second Friday in January.
The Board of Selectmen shall prepare articles to be included in the May Annual Town Meeting warrant, seeking adoption of the five (5) year capital outlay plan, and funding of the current year of that plan.
A simple majority vote of the Town Meeting is needed to adopt the five (5) year capital outlay plan as submitted.
Additions, revisions or amendments to the submitted five (5) year capital outlay plan shall be done as amendments to the main motion adopting the plan, and shall require a two-thirds majority vote in order to pass.
If any part of the current year of the plan fails to receive funding at the Annual Town Meeting, the unfunded portion will be dropped from the plan and can only return under the provisions previously set forth in sections 9-6-3 or 9-6-7 above.
If any part of the current year of the plan receives funding support at the Annual Town Meeting but fails at any necessary debt exclusion, capital exclusion or proposition 2 ½ override ballot votes, the unsupported portion shall be returned to the five (5) year capital plan in year one (1) of the next five (5) year plan, and will be subject to the provisions set forth in section 9-6-7 above.

SECTION 7 Notice of Public Hearing on Capital Improvement Plan and Budget

9-7-1 The Finance Committee shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and budget and a notice stating: a) the times and places where copies of the capital improvements plan are available for inspection; and b) the date, time, and place, not less than seven days following such publication, when the committee shall conduct a public hearing on said plan and budget.

SECTION 8 Annual Audit

9-8-1 Prior to the end of each fiscal year, the Board of Selectmen shall retain a certified public accountant or a certified accounting firm to make an audit of all town accounts, books, records, and transactions of every division, department, office, board, commission, and committee.

9-8-2 A copy of every auditor’s report shall be filed with the Town Clerk, shall be a public record, and a summary thereof shall be published in the next annual town report.

CHAPTER 10 ADDITIONAL PROVISIONS

SECTION 1 Continuation of Existing Laws

10-1-1 Except as specifically provided in this charter, all special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation.

SECTION 2 Charter Amendment

10-2-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Articles eighty-nine and one hundred and thirteen of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendments, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act.

SECTION 3 Definitions

10-3-1 Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in this charter shall have the following meanings:

Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Articles eighty-nine and one hundred and thirteen of the amendments to the Constitution of the Commonwealth.
Town. The word "Town" shall mean the Town of Harwich.
Town agency. The words "Town agency" shall mean any board, commission, committee, department or office of the town government.
Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present.
Voters. The word "voters" shall mean the registered voters of the Town of Harwich.
Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected.
Certification. The word "certification" shall mean that person has been declared elected.
He/His. The words "he," or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine.
Officer. The word "officer" shall mean any individual elected or appointed to office.

SECTION 4 Merger of the Recreation and Beach Commission with the Youth Commission

10-4-1 Should the charter be amended to effect a merger of the recreation and beach commission established pursuant to paragraph 7-10-1 and the youth commission established by paragraph 7-15-1, the terms of all members of said commission in office on the effective date of such merger shall terminate.

HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE MAY 1987 ANNUAL TOWN MEETING EFFECTIVE DATE - NOVEMBER 1, 1987

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE MAY 1991 ANNUAL TOWN MEETING (Adjourned session from October 1990 ATM)

CHAPTER 7 APPOINTED TOWN BOARDS

SECTION 5 Planning Board 7-5-1

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE OCTOBER 1991 ANNUAL TOWN MEETING

CHAPTER 2 TOWN MEETING

SECTION 2 Warrants 2-2-1

SECTION 3 Procedures 2-3-1

2-3-2

2-3-3

SECTION 4 Initiative 2-4-1

CHAPTER 4 THE TOWN ADMINISTRATOR

SECTION 1 Appointment 4-1-3

SECTION 4 Responsibilities For Appointments 4-4-2

SECTION 10 Acting Town Administrator 4-10-1

CHAPTER 6 ELECTED TOWN OFFICERS AND BOARDS

SECTION 5 School Committee 6-5-3

CHAPTER 7 APPOINTED TOWN BOARDS

SECTION 4 Board of Health 7-4-2

SECTION 6 Board of Assessors 7-6-2

SECTION 10 Recreation and Beach Commission. Delete.

Add new SECTION 10 Recreation and Youth Commission

SECTION 14 Golf Commission 7-14-3

SECTION 15 Delete. Combined with Section 14.

Remaining sections in this chapter renumbered.

CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES

SECTION 2 Submission of Budget and Budget Message 9-2-3

9-2-4

9-2-5

SECTION 3 Action on Proposed Budget 9-3-1.

Delete. Add new section

SECTION 10 Transitional Provisions Add new SECTION 13

Merger of the Recreation and Beach Commission with the Youth Commission 10-13-1

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE OCTOBER 1994 SPECIAL TOWN MEETING

CHAPTER 4 TOWN ADMINISTRATOR

SECTION 3 Duties 4-3-2

Responsibilities 4-5-2

Appointed Town Boards 7-11-1 delete

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE MAY 1996 ANNUAL TOWN MEETING

CHAPTER 2 TOWN MEETING

SECTION 2 Warrants 2-2-1

SECTION 3 Procedures 2-3-1

CHAPTER 3 BOARD OF SELECTMEN

SECTION 5 Specific Powers, Duties, & Responsibilities 3-5-3

Add new section

CHAPTER 4 THE TOWN ADMINISTRATOR

SECTION 6 Responsibilities for Disbursements 4-6-1

CHAPTER 8 ELECTION AND RECALL

SECTION 1 Town Elections 8-1-1

CHAPTER 9 FINANCIAL PROVISIONS, & PROCEDURES

SECTION 2 Submission of the Budget & Budget Message

Delete. Add new section.

SECTION 3 Action on Proposed Budget Delete. Add new section.

CHAPTER 10 TRANSITIONAL PROVISIONS

SECTIONS 1-10 Delete, add new section. Rename and renumber.

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE MAY 1998 ANNUAL TOWN MEETING

CHAPTER 8 ELECTION AND RECALL

SECTION 8 Town Elections 8-1-1

AMENDMENTS TO THE HARWICH HOME RULE CHARTER

ADOPTED BY THE VOTERS AT THE MAY 1998 SPECIAL TOWN MEETING

CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES

SECTION 6 Capital Outlay Plan

Recognition is given to the entire original Charter Commission members elected in 1986:

Sandra B. Daniels, Chairman

Shirley A. Gomes, Vice-Chairman

Nancy E. Iandoli, Clerk

Cassandra P. Baylis

Neal Holland

George E. Lane

Robert A. Peterson

Allin P. Thompson, Jr.

Joel S. Weinberg

and to subsequent By-law/Charter Review Committees:

Robert A. Peterson, Chairman

Joseph A. Kelly

John E. Ferreira

Anne M. Smith

Barry A. Hemeon

Nathaniel Sperber

Nancy Roy

1/06/99