Charter Commission Seeking Public Input

 HARWICH – The charter commission is proposing to change the title of the town administrator to town manager and it is leaning toward putting in place an elected charter compliance commission to address government actions in violation of the document that would serve as the town’s constitution.
The commission has been working diligently since last June going through the initial charter approved in 1987 and upgraded in 2006, and has been shaping efforts to clarify the earlier documents and review the governing process and organizational structure that serves this community. 
The nine-member elected commission has been researching governmental functions, raising good issues and conducting good discussion back and forth, said Charter Commission Chair Linda Cebula. Decisions reflecting changes in the charter to date have been shaped by consensus of the membership. She said they will begin taking actual votes as chapters in the draft document take a more formalized shape.
But there have been a number of areas of consensus at this time. The draft document changes the reference of town administrator to town manager. Cebula said that change was supported by a strong memorandum provided by the Collins Center, the charter consultants retained by the commission. Town managers usually are extended a little more control over administration.
On April 9 the commission delved into a lengthy discussion on the creation of a five-member elected charter compliance commission that would oversee interpretations in the charter and town bylaws. 
“There is no place to go for an interpretation,” said Cebula. “Where do I go to report someone who is not following a section of the charter?”
“For many years, five, 10 to 25 years, there have been many instances when the charter has been ignored, not followed,” said commission member Richard Waystack.  “There is no place to file a complaint. You are accountable to nobody.”  
Initial charter commission chair Sandy Hall, a member of this commission, said she sent a four-page letter to the selectmen several years ago citing violations, to which she received no response. 
Hall said money is spent going to town counsel seeking interpretations, and providing the commission oversight of interpretation and instances of potential violations would not cost the town for those legal opinions.
There was discussion about penalties being assessed for violations. Hall said penalties would make for a more complicated process. She suggested the commission would call someone before them to discuss a violation. It could serve more as an educational initiative.
“The commission will not be running around looking for trouble, rather it will be addressing trouble,” said Hall.  
 She said the provisions should have teeth, but not be punitive. It should be mild, but strong enough, though there is no need for fines.
 Member Lou Urbano said a violation should be highlighted by the commission and placed in a public record with public notice. He said outside public pressures, awareness would make it harder for a person to get appointed or reelected. The commission also agreed a complaint filed with the compliance commission would require 10 signatures from registered voters.
 The discussion shifted to the select board’s powers. Commission members said the select board has the power to make appointments and choose not to reappoint someone at the end of a term, but it does not have the ability to remove an appointee for cause while serving the town. The commission agreed they should look at extending the ability to remove appointed members for cause.
While individual members of the select board have come before the commission, there has yet to be a board and commission session. Select Board Chair Donald Howell said the board was waiting for draft documentation from the commission before scheduling such a discussion. Cebula responded the board could be examining the current charter and making recommendations for changes. Howell said the board would set a date in the next few weeks to meet with the charter commission.   
The commission has produced a draft document of proposed changes and issues they want to receive public input on as they move forward. Those issues include reestablishing a fall town meeting to address non-financial issues facing the town; changes to the capital plan; removing advisory committees from the charter and placing them in the town bylaws; removing division and department reorganization provisions because those issues are extended to the town manager.   
The commission, citing the need for public direction as it moves forward, has set a public information session for June 18 at town hall