COMMONWEALTH OF MASSACHUSETTS
TOWN OF HARWICH
ANNUAL TOWN MEETING WARRANT
MAY 3, 2004
BARNSTABLE, ss:
To either of the Constables of the Town of Harwich in said County,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby directed
to notify and warn the inhabitants of said Town qualified to vote in elections
and Town affairs to meet in the Community Center Gymnasium, 100 Oak Street
in said Town on Monday, May 3, 2004, at 7:00 P.M., then and there to act
on the following articles:
TOWN OFFICERS AND COMMITTEES
ARTICLE 1. To choose various Town Officers
and Committees.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 5 TO 0.
REPORTS OF TOWN OFFICERS AND COMMITTEES
ARTICLE 2. To hear reports of all Town Officers and Committees
for the year 2003.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 5 TO 0.
ELECTED OFFICIALS SALARIES
ARTICLE 3. To see if the Town will vote to fix the salaries of
the elected officials of the Town for the fiscal year commencing July 1,
2004 and ending June 30, 2005 as follows; and to act fully thereon.
Estimated cost: $62,290.00.
Selectmen (5) $1,500.00 (each)
Moderator $300.00
Town Clerk $52,990.00
Water Commissioners (3) $500.00 (each)
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED
AS FOLLOWS:
SELECTMEN (5) $1,500.00 (EACH)
MODERATOR $300.00
TOWN CLERK $52,990.00
WATER COMMISSIONERS (3) $500.00 (EACH)
TO SET SALARIES OF ELECTED OFFICIALS.
FUND NEGOTIATED CONTRACT – FIRE FIGHTERS
ARTICLE 4. To see if the Town will vote to raise and appropriate or
transfer from available funds a sufficient sum of money to be added to the
FY 2005 Fire Department budget to implement the new contractual agreement
between Harwich Permanent Fire Fighters, Local 2124, International Association
of Fire Fighters and the Town of Harwich, and to act fully thereon.
By request of the Board of Selectmen. Estimated cost: $___________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
FUND NEGOTIATED CONTRACT – POLICE OFFICERS
ARTICLE 5. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be added to
the FY 2005 Police Department budget to implement the new contractual agreement
between Local 392 of the International Brotherhood of Police Officers and
the Town of Harwich, and to act fully thereon. By request of the Board
of Selectmen. Estimated cost: $____________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
FUND NEGOTIATED CONTRACT – POLICE SUPERIOR OFFICERS
ARTICLE 6. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be added to
the FY 2005 Police Department budget to implement the new contractual agreement
between the Harwich Superior Officers Association Local 589 and the Town
of Harwich, and to act fully thereon. By request of the Board of Selectmen.
Estimated cost: $_____________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
FUND NEGOTIATED CONTRACT – HIGHWAYS & MAINTENANCE
ARTICLE 7. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be added to
the FY 2005 Division of Highways & Maintenance budget to implement the
new contractual agreement between the Highways & Maintenance Employees
Association and the Town of Harwich, and to act fully thereon. By request
of the Board of Selectmen. Estimated cost: $___________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
FUND NEGOTIATED CONTRACT – EMPLOYEES ASSOCIATION
ARTICLE 8. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be added to
the FY 2005 budget to implement the new contractual agreement between the
Harwich Employees Association and the Town of Harwich, and to act fully thereon.
By request of the Board of Selectmen. Estimated cost: $____________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
FUND NEGOTIATED CONTRACT – WATER DEPARTMENT
ARTICLE 9. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be added to
the FY 2005 Water Department budget to implement the new contractual agreement
between the International Association of Machinists and Aerospace Workers,
Local Lodge 264 of District 38, A.F.L.-C.I.O. and the Town of Harwich, and
to act fully thereon. By request of the Board of Selectmen. Estimated
cost: $_________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
AMEND PERSONNEL BY-LAW/COMPENSATION PLAN
ARTICLE 10. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to amend the Personnel
By-law Compensation Plan for FY 2005 as follows; and to act fully thereon.
By request of the Board of Selectmen. Estimated cost: $__________________.
TOWN OF HARWICH
PERSONNEL BY-LAW
Part 1
APPLICATION, PURPOSE, DISCRIMINATION, BENEFITS
Application: All full-time and regular part-time positions not covered by
any collective bargaining agreement, other than the School Committee and
positions under their control, shall be subject to the provisions of this
By-law, including the following:
Computer
Coordinator
Director, Highways & Maintenance
Town Engineer
Water Superintendent
Deputy
Assessor
Town Accountant
Asst.
Town Administrator
Personnel Director
Building
Commissioner
Conservation Administrator
Golf Director
Golf Superintendent
Health
Director
Natural Resources Director
Town Planner
Channel 18 Station Manager
Library
Director
Recreation Director
Treasurer
/ Tax Collector
Community Center Manager
Director,
Council on Aging
Administrative Secretary
Year-round Special Police Officers Registrars
of Voters
Deputy Fire Chief Plumbing Inspector
Sealer of Weights & Measures Gas
Inspector
Administrative Assistant- Wiring Inspector
(Administrator’s Office) Transfer Station Gate-Keepers
Head Clerk (Administrator’s Office) Transfer
Station Monitors-
Principal Clerk (Administrator’s Office)
Recycling/Scalehouse
Board Clerks: Board Secretaries:
Planning Board
Board of Selectmen
Capital Outlay
Board of Health
Conservation Commission
Historical Commission
Purpose: It shall be the purpose of this By-law to provide to department
heads, supervisors and employees policies for assuring the maintenance of
an equitable personnel management system. The policies have as their purpose
to promote the efficiency and economy of government, to promote the morale
and well being of employees, and to provide equitable employment opportunities
for employees and for candidates for employment in Town service.
Discrimination: Discrimination against any person in recruitment, examination,
appointment, training, promotion, transfer, retention or other personnel
action because of political affiliation, race, creed, color, national origin,
age, sex, handicap or other non-merit factor is prohibited.
Except where the context indicates otherwise, the masculine pronouns used
in this By-law should be understood to include the corresponding female pronouns.
Benefits: Employees covered by this By-law must perform work duties regularly
not less than twenty (20) hours during each normal work week of employment
to be eligible for any and all benefits covered by this By-law. Part-time
employees scheduled to work less than twenty (20) hours shall not be entitled
to any accruals and other fringe benefits.
Part 2
WORK HOURS
Normal Work Week: The regular normal work hours of Town employees covered
under this By-law shall be as follows:
Office employees 35 hours per week
Other full-time employees 40 hours per
week
Part-time employees varied
Work Hours: The regular normal hours per day and days per week shall be established
by the respective operating department, subject to the approval of the Town
Administrator, or otherwise established by law.
Each regular full-time employee shall be provided with a one-half (1/2) hour
unpaid meal period during the workday. Said meal period to be scheduled
as close to the middle of the work shift as possible. All employees’
work schedules shall provide for two (2) ten (10) minute coffee breaks.
Each coffee break shall be scheduled as close to the middle of the first
half and second half of the shift, respectively, as possible. Those employees
not partaking of the coffee breaks either by choice or circumstances may,
at the discretion of the Department Head, add the equivalent period to the
lunch break.
Payroll Week: The Town payroll covers the seven (7) day period ending each
Saturday.
EXTRA PAY/OVERTIME
All non-supervisory employees will be paid straight time for such hours up
to forty (40) hours in a calendar week. If such non-supervisory employees
perform work for more than forty (40) hours in any calendar week, they shall
be paid for overtime work in excess of forty (40) hours at the rate of one
and one-half times (1 ½) times their regular weekly pay divided by
the number of hours in their normal work week schedule, unless exempted by
Federal Law.
An employee may select compensatory time in lieu of overtime, subject to
the approval of the Town Administrator. A maximum of three (3) days
may be accrued and each accrual must be used within six (6) months.
Department Heads shall be deemed to have a continuing responsibility to serve
the public and the aforesaid provisions shall not apply to them.
Overtime shall be worked only when necessary in the judgment of the Department
Head and shall be authorized by the Department Head in advance.
Part 3
RECRUITMENT
Recruitment: Proposed new positions established under the Home Rule Charter
paragraph 4-5-2 and this By-law, including part-time, temporary and seasonal
positions, shall be recruited and filled only after review and approval of
the Town Administrator.
Whenever possible, it shall be the policy of the Town to promote qualified
persons, based on job performance and other factors, including seniority,
from various departments to fill vacancies. Employees holding part-time
positions, and who are qualified, will be considered when filling vacancies
to permanent positions.
The decision to transfer or promote from within shall be made on the basis
of qualifications, ability and dependability and, where such factors are
relatively equal, seniority shall be the determining factor. If no
applicant is qualified, the Town may fill the position from the outside.
Applications for employment may be rejected if (1) the applicant lacks the
established qualification requirements for the position, (2) the applicant
is physically unfit to perform the duties of the position, and (3) the applicant
has been dismissed from previous employment for delinquency, insubordination,
misconduct including sexual harassment, or has resigned because of delinquency
or misconduct.
The Department Head, or Town Administrator, who is empowered to make the
hiring decision, shall be the sole judge of qualifications, ability and dependability,
provided that such judgement is not exercised arbitrarily, capriciously,
or unreasonably.
The Town Administrator shall determine which test, if any, or combination
of tests will be used to evaluate the relative fitness of each candidate
or each position, whether it be a promotion or original appointment.
A variety of tests may be employed including, but not limited to: assessment
of training and experience, oral interview, written examination, performance
test, physical examination and reference checks. Each test will be
utilized and administered on a standardized basis to ensure equity and fairness.
Each person promoted or appointed to a permanent position shall be required
to successfully complete a probationary period of six (6) months to enable
the Department Head and/or the Town Administrator to observe the employee’s
ability to perform the varies duties of the position. In the event
that a promoted employee is found not to have met the requirements of the
position, the employee (if transferred or promoted) shall be permitted to
return to the position formerly held. The appointing authority may
extend the probationary period by not more than an additional three (3) months
and shall notify the employee and Department Head of such extension.
Seniority, as used in this By-law, is defined as length of service of the
employee in the employment of the Town. Seniority shall not be broken
by vacation leave, sick leave, maternity/paternity leave, injured leave,
leave without pay, suspension, or any call to military service.
Part 4
CLASSIFICATION AND COMPENSATION PLANS
CLASSIFICATION AND COMPENSATION PLANS: The Classification Plan is a plan
classifying positions covered under this By-law into groups and classes of
positions, in which incumbents perform substantially similar work or have
substantially equal responsibility. The Compensation Plan is a listing
of salaries and wages allocated to pay grades by classes or positions.
That plan is set forth below.
Part 5
DISCIPLINE AND DISCHARGE
Discipline and Discharge: An employee with six (6) months of continuous service
shall not be disciplined or discharged except for just cause. Where
periodic evaluations of an employee’s work show that he is not performing
his job in a manner deemed to be in the best interest of the Town, including
sexual harassment, this shall be understood as just cause for discipline
or discharge.
Any dispute concerning an employee who is disciplined or discharged and who
has not completed his six (6) month probationary period shall not be subject
of hearing procedures.
RIGHT OF APPEAL/GRIEVANCE PROCEDURES
Right of Appeal or grievance procedure has a maximum of two (2) steps, but
may be resolved at any step in the process. Right of appeal/grievances
are to be fully processed until the employee is satisfied, does not file
a timely appeal or when a decision is made in the final step and the right
of appeal no longer exists.
Step 1. The aggrieved employee shall submit the grievance in writing to the
Town Administrator within five (5) working days after the employee knew or
should have known, of the incident upon which the grievance is based.
The Department Heads version of the grievance and decision will then be submitted
in writing to the town Administrator. The Town Administrator will,
within five (5) working days after submission to him, confer with the employee,
the supervisor and any other members of management considered appropriate;
investigate the issues; and communicate a decision in writing to all the
parties involved.
Step 2. Appeal an unsatisfactory Town administrator decision to the Board
of Selectmen. The Board of Selectmen will take the necessary steps
to review and investigate the grievance and within fourteen (14) days issue
a written, final and binding decision.
Part 6
RATE INCREASES AND LONGEVITY
Section 1. Step Rate Increases: Every employee in an appointive position
for which step rate increases are provided under the Compensation Plan may
be considered for an increase to the first or next higher step rate, as the
case may be, within his compensation grade. Any such increase shall
be effective on the anniversary date of his last employment or date of reclassification,
whichever is later, until the maximum rate is reached. Such step rate
increases shall be made only with approval of the Department Head and Town
Administrator that the employee has performed satisfactorily for the previous
twelve (12) months. An employee may receive a two-step increase for
exceptional work at his or her anniversary date with the approval of both
the department head and the Town Administrator.
Longevity: Employees who have occupied the top step of their position for
a minimum of one (1) year and have a minimum of six (6) years of service
with the Town completed as of their anniversary date of employment, or promotion
date, whichever applies, and subject to satisfactory performance evaluation
while being paid at the top step of the position, shall receive a lump sum
payment based on the current rate of pay. Top step of positions for:
1) One year-1% of employee’s current annual base rate of
pay.
2) Two years-2% of employee’s current annual base rate
of pay.
3) Three years-3% of employee’s current annual base rate
of pay.
4) Four years-4% of employee’s current annual base rate
of pay.
5) Five years-5% of employee’s current annual base rate
of pay.
6) Six years-6% of employee’s current annual base rate
of pay.
Seven or more years-7% of employee’s current annual base rate of pay.
Such lump sum payment shall be considered an addition to regular annual pay
and shall not be considered a part of base pay. However, when a promotion
would result in a net loss of pay due to a lost longevity payment, the employee
shall be assigned to a higher step, which represents an increase in pay when
the lost longevity payment is considered. When a promotion to step
6 will result in equal or lost pay due to a lost longevity payment, the longevity
payment shall be retained by the promoted employee.
Part 7
HOLIDAYS
The following days shall be considered as holidays and compensated for as
provided for in this article:
New Year’s Day
Washington’s Birthday
Patriot’s Day
Memorial Day
Independence Day
Martin Luther King’s Birthday
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
Any other day declared a holiday by the Governor, General Court or the Board
of Selectmen.
If a holiday falls on a Saturday, it shall be celebrated on the Friday before
the Saturday holiday, unless observed Statewide on another day.
If a holiday falls on an employee’s regular workday, he shall receive time
off without loss of pay. When a holiday falls on a regularly scheduled
day off, employees will be given another day off within a reasonable period
of time.
Where any of the holidays enumerated above falls during an employee’s vacation
or a day that would otherwise be a regularly scheduled work day, the employee
shall be entitled to an additional vacation day with pay, to be taken at
the convenience of the Town.
The day after Thanksgiving (Friday) shall be considered as a holiday and
compensated for pursuant to the provisions of this section of the by-law.
a) The Town, through the respective Department Heads, will
determine adequate scheduling and staffing needs and arrangements for these
days.
b) In the event that it is determined that an employee
cannot be granted time off as contemplated by this section, he shall be granted
compensatory time off at a later time arranged in advance with the Department
Head.
c) If call back is required on either of these days, such
employee shall be compensated for the call back at his regular rate of pay
and be granted equivalent time off at a later time arranged in advance with
the Department Head.
d) If a non-supervisory employee not regularly scheduled
to work on holidays is called in or assigned to work on December 25 or Thanksgiving
Day, he shall receive in addition to another day off within a reasonable
period of time, double (2X) his regular hourly rate for each hour he worked
on said holiday.
e) The Town will distribute a list of when holidays are
to be celebrated on July first of each year.
Part 8
VACATIONS
Vacation leave shall be granted to employees who have successfully completed
their initial hiring probationary period, subject to the following provisions:
a) Employees who have been employed less than twelve (12)
full months shall be granted vacation leave in the first partial fiscal year
of employment, as follows:
Employees hired in July 10 days
Employees hired in August 10 days
Employees hired in September 9 days
Employees hired in October 8
days
Employees hired in November 7 days
Employees hired in December 6 days
Employees who have completed less than 6 months of employment shall not be
entitled to vacation during their first partial (fiscal) year of employment.
b) Thereafter, employees shall be granted vacation leave
with full pay on July 1 of each year with an employee’s first partial year
of service before July 1 being considered a full year of service as follows:
One (1) year
Eleven (11) working days.
Two (2) years
Twelve (12) working days.
Three (3) years
Thirteen (13) working days.
Four (4) years
Fourteen (14) working days.
Five (5) years, but less than ten (10) years-Fifteen (15) working days.
Ten (10) years, but less than sixteen (16) years-Twenty (20) working days.
Sixteen (16) years
Twenty-one (21) working days.
Seventeen (17) years
Twenty-two working days.
Eighteen (18) years
Twenty-three working days.
Nineteen (19) years
Twenty-four working days.
Twenty (20) or more years of service-Twenty-five (25) working days.
c) In the event of termination of employment of any employee
who has been in the continuous service of the Town for at least one (1) year,
such employee shall be paid for any portion of his vacation which may have
accrued since July 1 immediately preceding. In the event of the death
of an employee, any such accrued vacation pay shall be payable to his estate.
Employees will be allowed to take vacations as they desire when reasonable
notice is given to the Department Head. Where the Department Head determines
that approving a requested vacation period will result in inadequate coverage
to perform necessary work, he may deny the requested vacation period.
If more than one employee requests the same vacation period and the Department
Head determines that only one such leave can be approved, seniority shall
be the determining factor based upon length of service with the Town.
Annual vacations with pay shall be taken in the fiscal year (July 1 to June
30) in which they are due and shall not accumulate from year to year except
when vacation cannot be taken for the Town’s best interest, as determined
by the Town Administrator, vacation may be carried forward to the next year.
Vacation pay for any regular part-time employee is to be paid according to
the number of days or hours per full-time week which the employee is normally
required to work.
Part 9
SICK LEAVE
Non-Occupational Sick Leave: Employees shall earn sick leave at the rate
of one and one quarter (1¼) days per month for each month actually
worked, up to a maximum of fifteen (15) days per year. Unused sick
leave may be allowed to accumulate from year to year up to a maximum of two
hundred (200) days.
a) An employee who has exhausted his accumulated sick leave
as a result of catastrophic accident or illness resulting in four (4) calendar
weeks or more of disability will, upon return to work for a period of twenty-six
(26) weeks without use of sick leave, be entitled to receive back twenty-five
(25%) percent of the total sick leave used during the most recent period
of disability. Employees shall repay the Town for any sick leave used
if a third party should compensate the employee for lost wages as part of
any settlement. The employee shall provide the Town with an affidavit
that he or she will not receive any other compensation for lost wages prior
to this sick leave recharge taking effect.
b) If an employee has received a written warning concerning
his sick leave record, the Town may require the employee to submit a physician’s
certificate in future absences for sickness prior to paying the employee
for his absence.
c) The Town may require a doctor’s certificate on return
to work after being out sick for five (5) consecutive days.
d) Each employee may be required to submit annually to
a physical examination administered by a Town-designated physician.
Examination by a Town-designated physician may be required at other times
during the year where the Town has reason to doubt an employee’s ability
to perform his job in a safe fashion, endangering himself to others.
In such instances, the physician’s report and recommendations may serve as
a basis for medical probation or dismissal.
e) Employees will be allowed two (2) personal days a year.
Reasonable notice must be given to the Department Head when requesting a
personal day.
f) An employee may use sick leave when an immediate family
member is ill. Immediate family is defined as parents, spouse, children
and Domestic Partner.
g) An employee who retires and is eligible to receive superannuation
retirement benefits shall be entitled to be paid for twenty-five (25%) percent
of the accumulated sick leave at his current rate of pay. This same
benefit shall be paid to the estate of an employee who dies while employed
by the Town.
h) Sick Bank: A sick bank shall be available for use by
eligible employees covered by this By-law who have exhausted their own paid
sick leave. The bank shall be maintained at the minimum of one (1)
day (computed by hours) per employee after the first year of employment.
Employees who have accumulated the maximum number (200) of sick days may
donate the remainder of their unused sick leave for that year to the sick
bank. Should the bank reach a maximum of two hundred (200) days or
more, there shall not be any days taken from the following year’s sick leave.
The initial grant of sick leave by the sick bank to an eligible employee
shall not exceed thirty (30) days. Upon completion of the thirty (30)
day period, the period of entitlement may be extended by the Town Administrator
upon demonstration of need by the applicant with a certificate from a doctor.
Said Sick Bank shall be administered by the employees covered by this By-law.
The following criteria shall be used in determining eligibility and amount
of leave.
1. Adequate medical evidence of serious illness from doctor;
2. Prior utilization of all eligible sick leave;
3. Length of service with the Town; and
4. No one case shall set a precedent for decision of subsequent
cases.
Part 10
MATERNITY LEAVE
An employee is entitled to at least twelve (12) weeks of unpaid maternity/paternity
leave, provided that she/he has been employed at least three (3) consecutive
months, subject to the other provisions of this section.
Said employee is entitled to return to the same or similar position without
loss of benefits for which she/he was eligible on the date her/his leave
commenced.
Accrued sick leave benefits shall be provided for maternity leave under the
same conditions and terms which apply to other temporary medical disabilities.
Accrued sick leave benefits shall be provided for paternity leave up to twenty
(20) days under the same
terms and conditions which apply to other temporary medical disabilities.
Sick leave benefits for paternity leave may be extended beyond twenty (20)
days for medical reasons with the approval of the Town administrator.
A maternity/paternity leave of absence without pay commencing no sooner than
three (3) months before the expected birth and terminating no later than
three (3) months subsequent to the birth of the child shall be granted to
a pregnant employee or domestic partner provided, as follows:
Prior to the commencement of maternity leave, the employee shall indicate
in writing her intention to return to work at the termination of the leave
and that she shall notify the Department Head, with a copy to the Town Administrator
if she decided not to return to work.
Part 11
BEREAVEMENT LEAVE
Section 1. Bereavement leave without loss of pay for death of spouse
or child may be granted by the Department Head, and the employee will be
granted leave for the next seven (7) calendar work days.
Section 2. Bereavement leave without loss of pay for the death of a
parent, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law,
daughter-in-law, son-in-law, grandchild, or guardian, may be granted by the
Department Head, and the employee will be granted leave for three (3) calendar
work days.
Section 3. Bereavement leave, without loss of pay not to exceed one
(1) day for death of a grandparent, aunt or uncle may be granted by the Department
Head.
Section 4. Extension of bereavement leave may be granted by the Department
Head only if such request is based upon special conditions affecting any
member covered by this By-law.
Part 12
JURY DUTY, MILITARY DUTY, LEAVE WITHOUT PAY
Section 1. Employees covered by this By-law shall be allowed full pay
for not more than ten (10) worked days and shall be granted a military leave
of absence without pay for the period of their required service with said
forces in excess of ten (10) days.
Section 2. The Town agrees to pay the difference between an employee’s
wages and compensation received for Jury Duty.
Section 3. Leave without pay may be granted upon approval by the appropriate
Department Head and Town Administrator. An employee may be granted
leave without pay up to thirty (30) consecutive workdays. At the end
of such leave, the employee shall return to the same or similar position
at the same rate of pay. Failure to report promptly at the end of such
leave shall be considered a resignation. During this type of leave,
an employee shall not be eligible to accrue vacation leave or sick leave
credits. The Department Head shall be responsible:
a) To see that the conditions of each leave are faithfully
recorded, and
b) To see to it that the Town Administrator is notified
in writing of all information relating to such leave.
Part 13
HAZARDOUS CONDITIONS
TRAINING, HEALTH AND SAFETY
Section 1. The Town agrees to pay for all Class I, Class II or other
special licenses, certifications or special registrations required by the
nature of an employee’s job with the Town.
Section 2. In the Town’s effort to promote a highly-skilled work force,
employees may submit requests for reimbursement of reasonable expenses for
continuing education, subject to prior approval of the Town Administrator.
Section 3. The Town will provide CPR training and flu shots to interested
employees whose employment is covered by the provisions of this by-law. In
addition, prophylactic immunizations (i.e., hepatitis B, tetanus) shall
be provided at no cost to those employees who by the nature of their
work are at risk of exposure.
Section 4. Hazardous Conditions: The Town Administrator shall take
appropriate means to notify Town employees that there is no work on any day
deemed hazardous by reason of weather conditions caused by snow, hurricane,
tornado, or other natural phenomena, or other causes of hazardous conditions
such as major power failures, fires, floods, explosions or similar disasters.
Employees performing essential services, such as uniformed members of the
Police and Fire Departments, will be excused from duty only at the discretion
of their respective department heads. Town employees who are notified
that there is no work because of hazardous conditions will be compensated
as though work was actually performed on that day.
Section 5. The Town will continue to provide uniforms and specialized
apparel and safety equipment to all employees required to wear a uniform
or required to use safety equipment in the course of their duties.
Section 6. The Town will provide an adequate supply of foul weather
gear, including jackets, boots, gloves, and rain gear for employees who must
work in inclement weather.
Section 7. The decision to issue safety shoes and equipment for jobs
that require them will be made by the department head. An employee’s
refusal to use/wear safety equipment provided by the Town shall and
upon the direction of a supervisor shall be cause for disciplinary action.
This By-law shall become effective upon passage at Town Meeting.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
BUDGET
ARTICLE 11. To see if the Town will vote to raise and appropriate
or transfer from available funds such sums of money as may be required to
defray Town charges for the Fiscal Year 2005, and to act fully thereon. (BUDGET
– SEE APPENDIX B). Estimated cost: $_______________.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $39,023,602.00. TO FUND THE TOWN BUDGET. VOTE
5 TO 0.
CAPITAL PLAN ADOPTION
ARTICLE 12. To see if the Town will vote to adopt the Capital
Plan for the ensuing seven year period as adopted last year by the Town Meeting
with new fiscal year 2011 as proposed by the Board of Selectmen and set forth
below or as amended by vote of the Town Meeting, and to act fully thereon.
By request of the Board of Selectmen.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
INTEGRATED POLICE COMPUTER SYSTEM – PHASE 2
ARTICLE 13. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for completing
the replacement of the existing in-house computer system including mobile
data terminal installation, digital imaging, live-scan fingerprinting, computer
aided dispatch, and support platform, and to act fully thereon. By
request of the Chief of Police. Estimated cost: $150,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED
TO FUND INDENTIX LIVE SCAN FINGERPRINT SYSTEM, IMC INTERFACE WITH IDENTIX
LIVESCAN SYSTEM, 5 CDMA MODEMS AND AIRTIME, VERIZON SWITCHOVER FEE, CABLE/REMODEL
AREA FOR LIVE SCAN, TERMINAL MAINTENANCE AGREEMENT. ESTIMATED COST:
$76,956.00. TO IMPROVE TECHNICAL SUPPORT OF POLICE DEPARTMENT.
VOTE 5 TO 0.
ROAD MAINTENANCE PROGRAM
ARTICLE 14. To see if the Town will vote to raise and appropriate
the sum of $500,000.00 to fund the “Road Maintenance Program,” as adopted
in the Capital Plan, Article 11 of the Annual Town Meeting, May, 1999, and
to act fully thereon. By request of the Director of Highways &
Maintenance.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $500,000.00. TO IMPROVE TOWN ROADS. VOTE 4 TO
1.
CONSTRUCT NEW ELEVATED WATER STORAGE TANK
ARTICLE 15. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for the proposed
construction of a 1.5 million gallon elevated storage tank. This tank
is to be placed on land previously acquired for this purpose. This
article will fund the permitting and construction of this storage tank.
This tank is scheduled to be placed into service in the summer of FY 07,
and to act fully thereon. By request of the Water Commissioners.
Estimated cost: $2,800,500.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $2,800,500.00. TO IMPROVE WATER DISTRIBUTION.
VOTE 5 TO 0.
FUND REPAIRS TO BROOKS ACADEMY MUSEUM
ARTICLE 16. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to be used for
repairs to Brooks Academy, and to act fully thereon. By request of
the Brooks Academy Museum Commission. Estimated cost: $185,000.00.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
INSTALL NEW IRRIGATION SYSTEM AT CRANBERRY VALLEY GOLF COURSE
ARTICLE 17. To see if the Town will vote to raise and appropriate,
transfer from available funds or borrow a sufficient sum of money to install
a new irrigation system at Cranberry Valley Golf Course, and to act fully
thereon. By request of the Golf Commission. Estimated cost: $_________________.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
TO MAKE NECESSARY IMPROVEMENT TO WATER SYSTEM. VOTE 5 TO 0.
INCREASE HARBORMASTER PRINCIPAL CLERK HOURS
ARTICLE 18. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to make the position
of Principal Clerk within the Harbormaster/Natural Resources Department full-time,
and to act fully thereon. By request of the Harbormaster. Estimated
cost: $11,307.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $11,307.00. TO INCREASE STAFF TO SUPPORT NEW HARBOR
MANAGEMENT. VOTE 5 TO 0.
FUND HUMAN SERVICES
ARTICLE 19. To see if the Town will vote to raise and appropriate
or transfer from available funds ($76,490.00)Seventy Six Thousand Four Hundred
Ninety Dollars to help defray the expenses of human service agencies and
organizations providing services to Harwich residents; said funds to be expended
under the direction of the Board of Selectmen, and to act fully thereon.
By request of the Board of Selectmen.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
PROJECT COMTEMPORARY COMPETITIVENESS
ARTICLE 20. To see if the Town will vote to raise and appropriate
or transfer from available funds for the Board of Selectmen and School Committee
to award scholarships to eighth and ninth grade Harwich students to participate
in Project Contemporary Competitiveness at Bridgewater State College; said
monies to be used to defray the cost of tuition and related expenses, and
to act fully thereon. By request of the Board of Selectmen. Estimated
cost: $8,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $8,000.00. TO TAKE ADVANTAGE OF EDUCATIONAL OPPORTUNITY.
VOTE 5 TO 0.
DISBURSE STATE FUNDS FOR AID TO HARWICH LIBRARIES
ARTICLE 21. To see if the Town will vote to instruct the Selectmen
to disburse the funds allocated by the State under the Acts of 1960, as amended
by the Acts of 1963, Chapter 672, and as further amended by the Acts of 1970,
Chapter 636, and the Acts of 1971, Chapter 1003, for aid to Harwich Libraries
in accordance with customary procedure, and to act fully thereon. By
request of the Trustees of Brooks Free Library.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 5 TO 0.
CHAPTER 90 ROAD MAINTENANCE
ARTICLE 22. To see if the Town will vote to raise and appropriate,
transfer from available funds, and/or borrow in accordance with Chapter 44
of the Massachusetts General Laws, or any other authorizing authority, a
sufficient sum of money to be reimbursed by funds made available by the Massachusetts
Legislature as the State’s contribution for local road construction work
under Chapter 90 of the General Laws (funds authorized under Chapter 246
of the Acts of 2002), and to act fully thereon. By request of the Director
of Highways & Maintenance. Estimated cost: $323,173.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $323,173.00. VOTE 7 TO 0. TO IMPROVE TOWN ROADS.
PURCHASE TWO NEW GENERATORS FOR TREATMENT STATIONS 2 & 3
ARTICLE 23. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for the purchase
of two new generators which will be located at Treatment Station 2 and Treatment
Station 3, and to act fully thereon. By request of the Water Commissioners.
Estimated cost: $135,159.97.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO INSURE PROPER WATER DISTRIBUTION WHEN ELECTRICITY IS
LOST.
MAINTAIN, UPDATE, CERTIFY REAL/PERSONAL PROPERTY VALUATIONS
ARTICLE 24. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to maintain, update,
and/or certify real and personal property valuations, and to act fully thereon.
By request of the Board of Assessors. Estimated cost: $17,500.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $17,500.00. VOTE 5 TO 0. TO INSURE PROPER VALUATION.
LEASE OR PURCHASE AND EQUIP VEHICLES
ARTICLE 25. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to lease or purchase
and equip the following vehicles:
Fire Department Estimated Lease Cost Estimated
Purchase Cost
One (1) 2004 F-350 Pickup $9,286.44
$26,336.00
One (1) 2004 Explorer 9,696.89
$27,500.00
Division of Highways & Maintenance
Two (2) new 40,000 GVW Dump Trucks
with plows and sanders
$66,279.00
$190,000.00
Water Department
Two (2) new ½ ton pickups
with accessories
$13,456.68
$38,002.00
Police Department
One (1) new Animal Control pickup $8,812.53
$24,692.00
and to further authorize trade-in or sale of the following old vehicles toward
the purchase price where the Board of Selectmen find that the vehicles cannot
be utilized elsewhere in Town:
Fire Department Water Department
One (1) 1981 GMC One (1) 1996
Ford F150 Van
One (1) 1993 Ford Crown Victoria
One (1) 1990 Ford Utility Truck
Division of Highways & Maintenance Police Department
One (1) 1985 GMC Dump Truck One
(1) 1997 Ford Van
One (1) 1986 GMC Dump Truck
and to act fully thereon. By request of the Board of Selectmen.
Estimated lease cost: $107,531.54. Estimated purchase cost: $306,530.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED
WITH AN ESTIMATED COST OF $317,467.00 TO PURCHASE THE FOLLOWING VEHICLES:
FIRE DEPT. 1 2004 F-130 PICKUP
$22,935.00
1 2004 EXPLORER
$27,200.00
DIV. OF HIGHWAYS & MAINTENANCE
2 40,000 GVW DUMP
TRUCKS
WITH PLOWS &
SANDERS
$190,000.00
WATER DEPT. 2 ½ TON PICKUPS WITH ACCESSORIES
$38,002.00
SCHOOL MAINTENANCE VAN
$17,859.00
POLICE DEPT. 1 ANIMAL CONTROL PICKUP
$24,692.00
VOTE 5 TO 0. NECESSARY VEHICLE REPLACEMENT.
PURCHASE/EQUIP NEW EQUIPMENT
ARTICLE 26. To see if the Town will vote to raise and appropriate
a sufficient sum of money to purchase and equip two (2) new 40 yard Roll-Off
Containers @ $4,500 each, and to act fully thereon. By request of the
Director of Highways & Maintenance. Estimated cost: $9,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $9,000.00. VOTE 5 TO 0. TO REPLACE RECYCLING
CONTAINERS AT LANDFILL.
RETAIN SERVICES FOR ASSESSING FUTURE NEEDS OF HIGH SCHOOL
ARTICLE 27. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to retain services
for assessing the future needs of the Harwich High School building, to be
spent under the direction of the School Committee, and to act fully thereon.
By request of the Board of Selectmen. Estimated cost: $20,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED.
VOTE 5 TO 0. NOT NEEDED AT THIS TIME.
LEASE OF TOWN-OWNED PROPERTIES
ARTICLE 28. To see if the Town will vote to approve the proposed
uses of one or more Town-owned properties and the duration of the proposed
leases for these historic properties in response to Requests for Proposals
as authorized by Article 40 of the May, 2003 Annual Town Meeting, and to
act fully thereon. By request of the Board of Selectmen. The
properties are as follows:
1. South Harwich Methodist Church, 270 Chatham Road, South
Harwich as shown on Assessors Map 34 as Parcel M-3.
2. West Harwich School House, 5 Bell’s Neck Road, West
Harwich as shown on Assessors Map 10 as Parcel 61.
3. Former Recreation and Youth Building, 265 Sisson Road,
Harwich as shown on Assessors Map 40 as Parcel Z-5.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
TRANSFER LAND TO THE GOLF COMMISSION
ARTICLE 29. To see if the Town will vote to transfer the care,
custody and control of the land described in this Article from the Board
of Selectmen for general municipal purposes to the Golf Commission for golf-related
purposes, said land being all or a portion of the parcel shown on Assessors
Map 61, Parcel A1-2, comprising 11.85 acres more or less, and to act fully
thereon. By request of the Golf Commission.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO EXPAND AND IMPROVE PRACTICE FACILITIES.
MEDICAID SERVICES FOR SCHOOL DEPARTMENT
ARTICLE 30. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to fund a part-time
School Department Medicaid Billing Clerk and fund billing services to be
provided by a third party vendor in order to obtain Medicaid reimbursement
for deposit to the Town General Fund, and to act fully thereon. By
request of the School Committee. Estimated cost: $29,976.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $29,976.00. VOTE 5 TO 0. TO PROCESS MEDICAID
REIMBURSEMENTS.
REMOVE UNDERGROUND GAS TANK/INSTALL ABOVE GROUND GAS TANK
ARTICLE 31. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to remove and
install a gasoline tank at Cranberry Valley Golf Course for the pro shop
carts. Estimated cost: $55,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $55,000.00. VOTE 5 TO 0. TO REPLACE DEFECTIVE
UNDERGROUND TANK.
ADA IMPROVEMENTS
ARTICLE 32. To see if the Town will vote to raise and appropriate
the sum of $16,417.50 remaining in Article 67, 1997 to fund improvements
for the purpose of complying with the Americans with Disabilities Act, and
to act fully thereon. By request of the Disability Rights Committee.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO REDIRECT EXISTING ADA FUNDS.
FUND BUILDING MAINTENANCE – SCHOOLS
ARTICLE 33. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to fund building
maintenance at the Elementary, Middle and High Schools; said funds to be
utilized to accomplish the extraordinary maintenance goals set forth by the
school administration in the fourth year of its 5-year maintenance plan,
and to act fully thereon. By request of the School Committee.
Estimated cost: $65,500.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $65,500.00. VOTE 4 TO 1. TO FUND REPAIRS TO SCHOOLS.
FUND NEW WELL SOURCE INVESTIGATION
ARTICLE 34. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for the purpose
of New Source Investigation, under the direction of the Water Commissioners,
and to act fully thereon. By request of the Water Commissioners.
Estimated cost: $110,000.00.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
CONVERT TO MUNIS BILLING PROGRAM
ARTICLE 35 To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to convert to
the MUNIS Billing Program as requested by the Town Administrator, Town Accountant
and the Board of Selectmen, and to act fully thereon. By request of
the Water Commissioners. Estimated cost: $60,000.00
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $60,000.00. VOTE 4 TO 1. MAINTAIN BETTER WATER
BILLING.
PLEASANT BAY ESTUARIES PROJECT
ARTICLE 36 To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for the purpose
of conducting a study of in-depth nitrogen loading limits in Pleasant Bay
to be administered by the Pleasant Bay Resource Management Alliance under
the Massachusetts Estuaries Project, and to authorize the Board of Selectmen
to accept any state or other grants available and further to enter into an
agreement with the Commonwealth of Massachusetts and the Towns of Orleans
and Chatham to undertake this project, and to act fully thereon. By
request of the Pleasant Bay Management Alliance.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $24,000.00. VOTE 5 TO 0. TO CONTINUE TO IMPROVE
WATER QUALITY IN PLEASANT BAY.
FUND NITROGEN STUDY IN VARIOUS HARBORS
ARTICLE 37. To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money for the purpose
of conducting a study of in-depth nitrogen loading limits in Allen’s, Wychmere
and Saquatucket Harbors and Herring River under the Massachusetts Estuaries
Project, and to authorize the Board of Selectmen to accept any state or other
grants available and further enter into an agreement with the Commonwealth
of Massachusetts to undertake this project, and to act fully thereon.
By request of the Town-wide Water Quality Task Force. Estimated cost:
$234,500.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $80,000.00. VOTE 7 TO 0. TO IMPROVE WATER QUALITY.
LEASE/PURCHASE MODULAR CLASSROOMS FOR HIGH SCHOOL
ARTICLE 38 To see if the Town will vote to raise and appropriate
or transfer from available funds a sufficient sum of money to continue the
lease for the 2004-05 school year or purchase the four (4) existing modular
classrooms at Harwich High School; said modular classrooms to be used to
alleviate crowded conditions resulting from a growing population and an expansion
of course offerings, and to act fully thereon. By request of the School
Committee. Estimated cost: $______________________.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
CHANGE SENIOR EXEMPTION FROM $600 TO $1,000
ARTICLE 39. To see if the Town will vote to accept certain provisions
of Chapter 184 Section 51 of the acts of 2002 amending General Laws Section
5 Clause 41-C as follows: Change the amount of the Senior Exemption
from $600.00 to $1,000.00 only. This change to take effect for FY 2005,
and to act fully thereon. By request of the Board of Assessors.
Estimated cost: $22,800.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $22,800.00. VOTE 5 TO 0. TO PROVIDE TAX RELIEF
TO ELIGIBLE SENIORS.
TRANSFER FUNDS FOR ADMINISTRATIVE COVERAGE
ARTICLE 40. To see if the Town will vote to take action to transfer
the sum of two thousand dollars ($2,000) from the Lot Sale Fund to fund on-call
coverage for Highway Staff during absence of Cemetery Administrator, and
to act fully thereon. By request of the Cemetery Commission.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO FACILITATE CEMETERY ADMINISTRATION.
DEDICATE PARCEL FOR AFFORDABLE HOUSING
ARTICLE 41. To see if the Town will vote to dedicate Parcel G3-1
as shown on Assessors Map 53, containing approximately 9 acres for the construction
of affordable housing. A positive vote on this article does not serve
as an approval of any specific project, type of construction, or type of
ownership. And further to authorize the Board of Selectmen to issue
a Request for Proposals (RFP) to garner development concepts, one of which
will be voted on at Annual Town Meeting in 2005, or at a prior Special Town
Meeting. Public Hearings shall be held prior to the issuance of the
RFP and throughout the RFP process, and to act fully thereon. By request
of the Housing Committee.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO ASSIST TOWN IN MEETING NEED FOR AFFORDABLE HOUSING.
TRANSFER PARCEL TO HOUSING AUTHORITY FOR AFFORDABLE HOUSING
ARTICLE 42. To see if the Town will vote to transfer the care,
custody, management and control of the land shown on Town of Harwich Assessors
Map 113, Parcel X5 containing 0.61 acres, more or less, on Pleasant Bay Road,
East Harwich to the Harwich Housing Authority for the construction of a single
family affordable rental house to be constructed under existing zoning, and
to act fully thereon. Said land to be transferred in fee simple determinable
on condition that, should five years elapse from the date of transfer without
commencement of construction of the rental unit pursuant to a valid building
permit therefore, title to the land will revert to the town. By request
of the Harwich Housing Authority.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED.
VOTE 5 TO 0. TO ASSIST TOWN IN MEETING NEED FOR AFFORDABLE HOUSING.
AMEND TOWN CHARTER
ARTICLE 43. To see if the Town will vote to authorize the Board
of Selectmen to petition the General Court for a special act providing that
legislation be adopted amending the Town Charter, as follows; provided, however,
that the General Court may make clerical or editorial changes of form only
to the bill, unless the Board of Selectmen approve amendments to the bill
before enactment by the General Court; and provided further that the Board
of Selectmen is hereby authorized to approve amendments which shall be within
the scope of the general public objectives of this petition; or take any
other action relative thereto. By request of the By-law/Charter Review
Committee.
SPECIAL ACT:
An act relative to the Charter of the Town of Harwich
Section I. The Charter of the Town of Harwich, which is on file in
the office of the archivist of the Commonwealth, as provided in Section 12
of Chapter 43B of the General Laws, is hereby amended by deleting the text
of the charter in its entirety and substituting it with the following:
TOWN OF HARWICH
CHARTER
PREAMBLE
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 Consistent with the provisions of law, the Town may exercise
any of its powers, perform any of its functions, or participate in the financing
thereof, by contract or otherwise, jointly or in cooperation with any one
or more municipalities, civil divisions, subdivisions, or agencies of the
Commonwealth, other states, or 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 all
articles included in any Town Meeting Warrant with or without amendments.
2-1-3 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 shall be issued by
the Board of Selectmen and opened and closed in accordance with the by-laws,
Chapter I, Article 1, Part 1-101.
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.
2-2-3 The Board of Selectmen shall be responsible for assuring
that all registered voters receive, in a reasonable and timely manner, a
copy of the warrant for any and all Town Meetings. Warrants shall continue
to be provided to the voters upon check-in at any Town 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 By written petition to the Board of Selectmen, any ten (10) voters
of the Town may secure 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.
2-8-2 All articles involving an expenditure of Town funds
shall be considered by the Finance Committee which shall issue a written
recommendation on all such articles. The chairman of the committee,
or a designated representative, shall be present at the Town 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 Town agencies,
division directors, and department heads, or their duly designated representatives,
shall attend sessions of the Town Meeting when proposals affecting their
particular office, agency, 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 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 Except as may otherwise be provided by General Laws, this charter,
or the Personnel By-law, the Board of Selectmen shall have the power
to appoint and remove: 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; and i) one or more
Constables.
3-6-2 The Board of Selectmen shall also have the power to appoint policy-making
Town agencies enumerated in Chapter 7 and such other agencies 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 agencies as may be hereafter established
by general law, charter, by-law, vote of the Town Meeting, or vote of the
Board of Selectmen.
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 as a member of any appointive Town agency.
3-7-3 Members of the Board of Selectmen shall be eligible
to serve, to the extent permitted by law, as ex officio members of appointed
and elected Town agencies.
CHAPTER 4 THE TOWN ADMINISTRATOR
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:
(a) Attend all meetings of the Board of Selectmen, except
when excused, and have the right to speak but not to vote.
(b) Assemble, prepare, and present to the Board of Selectmen
the annual operating budget of the Town.
(c) Develop and annually revise the Capital Outlay Plan
in consultation with the Capital Outlay Committee.
(d) 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.
(e) 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.
(f) 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.
(g) Have the authority to seek and apply for grants.
(h) In the absence of a Personnel Director, 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.
(i) Be responsible for the purchasing of services, supplies,
materials, and equipment for all Town divisions, departments, and offices,
excepting those for the School Department, the Water Department, and for
the Brooks Free Library.
(j) Coordinate, with the approval of the Board of Selectmen,
the administrative activities of all Town agencies and officers concerned
with the physical, economic, and environmental development of the Town.
(k) Develop, keep, and annually update a full and complete
inventory of all property of the Town, except school property, both real
and personal.
(l) Convene regular meetings of the management advisory
team established by clause 5-3-3.
(m) Negotiate collective bargaining contracts on behalf
of the Board of Selectmen, unless the board shall have designated another
negotiator.
(n) 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 Except as may otherwise be provided by General Laws, this charter,
or the Personnel By-law, and subject to the approval of three or more affirmative
votes of the Board of Selectmen, the Town Administrator shall have the power
to appoint, on the basis of merit and fitness alone, and remove Division
Directors, Department Heads, and an Assistant Town Administrator.
4-4-2 Except as may otherwise be provided by General Laws, this charter,
the Personnel By-law, or collective bargaining, the Town Administrator shall
also have the authority to appoint, on the basis of merit and fitness alone,
and remove: a) all full-time Town employees; b) all part-time
employees; c) all employees of appointed Town agencies; d) one
or more inspectors; and e) all other full-time, part-time or seasonal
employees. Any such appointments or removals may be overturned only
by the affirmative vote of at least four Selectmen taken within fourteen
days of the Town Administrator’s action in initiating such appointment or
removal.
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, this charter or vote of Town Meeting.
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 thirty 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 reasonably possible.
SECTION 10 Assistant Town Administrator/Acting Town Administrator
4-10-1 The Assistant Town Administrator shall perform such
duties as may be assigned by the Town Administrator and, from time to time
as necessary, shall perform the duties of that officer. The Assistant
Town Administrator shall be appointed in accordance with the provisions of
clause 4-4-1.
4-10-2 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 clause 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 clause 4-5-1.
5-1-4 Responsibility for the functions administered within
the several divisions and departments shall be vested in the Town Administrator
unless otherwise provided by the general laws, this charter, or the by-laws.
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, 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. Regular meetings of the team shall be
held in accordance with the provisions of clause 4-3-2 subsection (l) of
this charter.
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 TOWN AGENCIES
SECTION 1 General Provisions
6-1-1 The officers and Town agencies 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 Town agencies 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 No member of any elected Town agency established
or continued under this chapter shall be eligible to accept any appointed,
paid position under any such agency. 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 agencies established or continued 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 the general 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 said officer 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 whom shall be appointed under authority of the Commonwealth and four
of whom shall be elected. The elected members shall serve five-year
overlapping terms.
CHAPTER 7 APPOINTED TOWN AGENCIES
SECTION 1 Advertising of Vacancies and Appointing Town
Agencies
7-1-1 To ensure a diverse citizen representation on all
appointed Town agencies, the Board of Selectmen shall make a concentrated
effort to seek out qualified persons from the entire Town when filling vacancies
and year-round Harwich residents shall be given preference for appointment
to any Town agency.
7-1-2 To further promote a maximum level of qualified, active, and
interested citizen participation on appointed Town agencies, the Board of
Selectmen shall advertise all vacancies and impending appointments.
Said advertising shall enumerate the vacancies that are to be filled and
shall solicit the submission of a Citizen Activity Record Form from persons
willing and able to serve. Such advertisements shall be published in
a newspaper of general circulation in the Town and shall be made once a week
for a minimum of two (2) weeks after the vacancy arises.
7-1-3 The Board of Selectmen shall give careful consideration
to statutory, regulatory and by-law requirements for appointments to Town
agencies and shall consider any specific recommendations from the chairman
of such agency when filling vacancies.
7-1-4 Prior to making appointments to the Finance
Committee, the Moderator shall also make an effort to seek out qualified
persons to serve and shall cause a notice to be published enumerating the
vacancies to be filled and setting forth the location, time and date when
the Moderator will be available to interview persons willing and able to
serve. The advertising of vacancies on the Finance Committee shall
also be published in a newspaper of general circulation in the Town and shall
be made once a week for a minimum of two (2) weeks after a vacancy arises.
SECTION 2 General Provisions
7-2-1 Town agencies established by or continued under 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 Town agencies of the Town shall; a) organize
annually; b) elect necessary officers; c) adopt rules of procedure
and voting; d) maintain minutes and records of attendance, copies of
which shall be a public record and regularly filed with the Town Clerk; and
e) 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 Town agencies shall meet with the Board
of Selectmen at least once in each year.
7-2-4 All such Town agencies shall conduct their meetings
in accordance with the open meeting provisions of the Open Meeting Law.
7-2-5 Members of Town agencies established or continued
under this chapter may receive such compensation for their services as may
be authorized by the Town Meeting, unless prohibited by the General Laws
of the Commonwealth. During the term for which a member is appointed
and for one year following expiration of such term, no member of any appointed
Town agencies shall be eligible to accept any paid position under any such
agency.
7-2-6 Any person duly appointed to any such Town agency
shall take up the duties of his office immediately upon taking the oath of
office.
7-2-7 The unexcused absence, without good cause, of a member
from four or more consecutive meetings of any such Town agency 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 or this charter.
7-2-8 Except as otherwise provided by the Laws of the Commonwealth
of Massachusetts or elsewhere in this charter, a quorum of any Town agency
established or continued under this charter shall consist of a majority of
the members required to be appointed to that Town agency.
SECTION 3 Change in Composition of Appointed Town Agencies
7-3-1 The Town Meeting may, by by-law, enlarge or decrease the number
of persons to serve as members of appointed Town agencies established or
continued under this charter, provided, however, that all such agencies shall
always consist of an odd number of voting 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 Director shall be appointed by the Town
Administrator, as provided in clause 4-4-1. The Health Director 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 Planning Board shall make recommendations to
the Town Administrator and to the Board of Selectmen on all matters concerning
the physical, economic, and environmental development of the Town.
7-5-3 The Planning 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 explanations of its recommendations
to the Town Meeting.
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 and two
alternate members shall be appointed by the Board of Selectmen for three-year
overlapping terms.
7-7-2 The Conservation Administrator 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 Conservation Commission.
SECTION 8 Council on Aging
7-8-1 A Council on Aging of nine members shall be appointed
by the Board of Selectmen for three-year overlapping terms.
7-8-2 The Director of the Council on Aging 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 Council on Aging.
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 Cultural Council
7-11-1 A Cultural Council of five members shall be appointed
by the Board of Selectmen for three-year overlapping terms in accordance
with the provisions of the General Laws of the Commonwealth. 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 Committee
7-13-1 A Golf Committee of seven members shall be appointed
by the Board of Selectmen for three-year overlapping terms.
7-13-2 The committee shall have full power and responsibility
for the maintenance and operation of the municipal golf course.
7-13-3 The Director of Golf Operations, 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 Committee.
SECTION 14 Waterways Committee
7-14-1 A Waterways Committee of seven members and two alternate
members shall be appointed by the Board of Selectmen for three-year overlapping
terms, and shall be advisory to that Board.
7-14-2 The Waterways Committee shall be responsible for
the development of regulations for all waterways including marine ramps,
docks, piers, moorings, and aquaculture.
7-14-3 The Harbormaster shall administer the policies adopted
by the Board of Selectmen and 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 Waterways Committee.
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 cemetery funds, and shall develop policies for the management of Town-owned
cemetery properties.
7-15-3 The policies adopted by the commission shall be administered
by the Cemetery Administrator 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 16 By-law/Charter Review Committee
7-16-1 A By-law/Charter Review Committee of five members
shall be appointed by the Board of Selectmen for three–year overlapping terms.
The committee shall regularly review the by-laws of the Town and submit proposed
revisions to the Town Meeting at least once every five years. In addition,
the committee shall regularly review the charter and submit proposed amendments
thereto to the Board of Selectmen in accordance with the provisions of Chapter
10, Section 2 of this charter.
7-16-2 The By-law/Charter Review Committee shall also be
responsible for reviewing all articles proposing to change the by-laws or
charter and all such articles shall be submitted by the Board of Selectmen
to the By-law/Charter Review Committee not later than fourteen (14) days
after the deadline for submission of articles.
SECTION 17 Historic District Commission
7-17-1 A Historic District Commission shall be appointed
by the Board of Selectmen in accordance with the provisions of the General
Laws as outlined in Article V of the by-laws.
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 elective officer of the Town may be recalled
and removed from office by the voters as herein provided. Any voter
may file with the Town Clerk an affidavit signed and sworn to under the penalty
of perjury containing the name and title of the elective officer whose removal
is sought and a statement of grounds for recall. The Town Clerk shall
thereupon deliver to the voter a sufficient number of copies of petition
blanks demanding such recall. The blanks shall be issued by the Town
Clerk, and shall contain the Town Clerk’s official seal and signature.
The petitions shall be dated and addressed to the Board of Selectmen, and
shall contain the name of the person to whom they are 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.
For all elective officers, such petition must be signed by the qualified
voters of the Town equal in number to at least twenty percent (20%) of those
registered at the last regular Town Election. Such recall petition
must be filed within fourteen (14) days following its initial date of issuance.
8-5-2 The Town Clerk and Board of Registrars shall, within
seven (7) days following receipt of the petition, certify the names thereon.
If the petition shall be found and certified by the Town Clerk to be sufficient,
the Town Clerk shall without delay submit the same with a certificate to
the Board of Selectmen. The Board of Selectmen shall forthwith schedule
a recall election to be held not earlier than the 64th day from the date
the election is called, and not later than the 90th day. Provided,
however, that if the regular Town election or another special election shall
be held within 100 days after the date of the certificate that a sufficient
petition has been filed, and provided further that such election is at least
64 days from the date the election is called, the Board of Selectmen shall
postpone the holding of the recall election to the date of such other election,
and shall order the recall election to be held in conjunction therewith.
All procedures for voting upon the recall question and filling any vacancy
caused by the recall of an officer shall be in the same manner as provided
by general law for the conduct of elections.
8-5-3 Any officer sought to be removed may be a candidate
to succeed to the same office and, unless the officer requests otherwise
in writing, the Town Clerk shall place the name of the officer on the ballot
without nomination. The nomination of other candidates, the publication
of the warrant for the removal election, and the conduct of the same, shall
all be in accordance with the provisions of law relating to elections.
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? Yes _____ No _____”
Under the ballot question shall appear the word “Candidates” and the directions
for voters as required by law, and below that shall be the names of candidates
nominated.
8-5-4 If a majority of the votes cast upon the question
of recall is in the affirmative, the candidate receiving the highest number
of votes shall be declared elected; provided, however, that at least twenty-five
percent (25%) of those qualified to vote in the election shall have voted
on the question of recall. If a majority of votes on the question of
recall is in the negative, or less than twenty-five percent (25%) of those
qualified to vote have voted on the question of recall, the ballots for the
candidates shall not be counted.
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. No member shall
serve more than three consecutive terms. Any member who has been appointed
for a period of at least two years to complete an unexpired term shall be
deemed to have served a full three-year term and any member who has been
appointed for a period of less than two years to complete an unexpired term
shall be eligible to serve three consecutive three-year terms in addition
to the period of the unexpired term.
9-1-2 Any person duly appointed to the Finance Committee
shall take up the duties of the office on July 15 of each year.
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 upon taking the oath
of office.
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, department heads and Town
agencies 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 the 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
Town agencies.
SECTION 3 Action on the Proposed Budget
9-3-1 The Board of Selectmen and the Finance Committee
shall 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 its 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 at
least ten (10) days 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 Town agency 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.
SECTION 6 Capital Outlay Plan
9-6-1 The purpose of the seven (7) 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.
9-6-2 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.
9-6-3 The Town Administrator shall submit a seven (7) year
Capital Outlay Plan which shall consist of the six (6) remaining years of
the previously voted plan plus one (1) additional year as the seventh 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.
9-6-4 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.
9-6-5 The Board of Selectmen shall prepare articles to
be in