The inhabitants of the Town of Harvard, within the corporate
limits established by law, shall continue to be a body corporate and
politic with perpetual succession under the name "Town of Harvard."
This instrument shall be known and cited as the Harvard Charter.
It is the intent and purpose of the voters of the Town, through
the adoption of this Charter, to secure for the Town all the powers
possible under the constitution and laws of the Commonwealth, as fully
and as completely as though each power were specifically and individually
enumerated herein.
The administration of all the fiscal, prudential, and municipal
affairs of the Town shall be vested in an executive branch headed
by a Select Board and a Town Administrator. The legislative powers
shall be exercised by an open Town Meeting.
The powers reserved or granted to the Town under this Charter shall be construed liberally and interpreted broadly in its favor and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as stated in Section
1-3.
The Town may enter into agreements with any other units of government
to perform jointly or in cooperation, by contract or otherwise, any
of its powers or functions.
All general laws, special laws, Town bylaws, votes, rules, and
regulations of or pertaining to the Town which are in force when this
Charter takes effect and which are not specifically or by implication
repealed directly or indirectly hereby, shall continue in full force
and effect until amended or rescinded by due course of law or until
they expire by their own limitation.
Elected and appointed officers, employees, and volunteers of
the Town are expected to demonstrate with their general conduct and
in the performance of their duties and responsibilities, the highest
ethical standards to the end that the public may justifiably have
trust and confidence in the integrity of its government. Elected and
appointed officers, employees, and volunteers of the Town shall recognize
that they act always as agents for the public, that they hold their
offices or positions for the benefit of the public, that the public
interest is their primary concern, and that they are required to faithfully
discharge the duties of their offices regardless of personal considerations.
Elected and appointed officials, employees, and volunteers of the
Town shall not use their official positions to secure or grant special
consideration, treatment, advantage, privilege, or exemption to themselves
or to any other person beyond that which is available to every other
person.
As used in this Charter, the following words shall have the
following meanings unless the context clearly requires otherwise:
(a) "Agency," any board, commission, committee, department, division,
or office of the Town Government.
(b) "Annual Town Report," a report given to citizens at Annual Town Meeting
that includes the financial state of the Town and identifies upcoming
issues that will affect the Town.
(c) "Charter," this Charter and any amendments to it, which may hereafter
be adopted.
(d) "Days," business days, not including Saturdays, Sundays, and legal
holidays; provided, however, that when the time set is at least seven
days, every day shall be included.
(e) "Emergency," a sudden, unexpected, unforeseen happening, occurrence,
event, or condition that necessitates immediate action.
(f) "Massachusetts General Laws," the statutes of the Commonwealth of
Massachusetts, cited as M.G.L.
(g) "Majority vote," a majority of those present and voting, provided
that a quorum is present when the vote is taken.
(h) "Master Plan," a plan revised or developed every 10 years by the
Planning Board per Massachusetts General Laws.
(i) "Quorum," except for a Town Meeting and unless otherwise required
by law or this Charter, a majority of the members of an agency then
in office, not including any vacancies that might then exist.
(j) "Strategic Planning Process," the Select Board's annual development
of a set of priorities and yearly goals for the purpose of assessing
and adjusting the Town's direction.
(k) "Town," the Town of Harvard.
(l) "Town Caucus," shall apply to any public meeting of the voters held
under the provisions of the Massachusetts General Laws relating to
caucuses for the purpose of nominating persons for election.
(m) "Town Meeting," the open Town Meeting established in Article
2, whether annual or special.
(n) "Town Officer," a person having charge of an office or department
of the Town who, in the exercise of the powers or duties of that position,
exercises some portion of the sovereign power of the Town.
(o) "Treasury Warrant," a document required to be signed by an authorized
person to approve payment for services or supplies rendered to the
Town.
(p) "Voters," registered voters of the Town.
(q) "Warrant," a document required to warn and notify residents and inhabitants
of the Town, who are qualified to vote in Town affairs, to meet at
a specific place to act on published articles relating to the governance
of the Town.