(a)
Elective Town Offices. The Town offices to be filled by the voters
shall be the Select Board, School Committee, Moderator, Trustees of
the Harvard Public Library, Trustees of the Warner Free Lecture, and
other officers or representatives to regional authorities or districts
as may be established by law or by inter-local agreement, who shall
also be filled by ballot at Town elections.
(b)
Town Election. The annual election by ballot of elective Town offices,
and voting on any questions required by law to be placed upon the
official ballot shall take place on a date to be determined by the
Select Board during the months of February through June after the
Annual Town Meeting held for the transaction of other business.
(c)
Eligibility. Any voter shall be eligible to hold any elective Town
office unless specifically prohibited by law. To be placed on the
ballot, eligible candidates shall be chosen by Town Caucus or shall
submit nomination papers to the Town Clerk that contain at least 25
signatures of Harvard registered voters, in accordance with Massachusetts
General Laws.
(d)
Compensation. Elected Town officers shall receive such compensation
for their services as may be appropriated at the Annual Town Meeting
for such purpose.
(e)
Filling of Vacancies.
1.
Moderator. If a vacancy in the said office occurs during any term,
it may be filled by the voters of the Town.
2.
Elected Boards. If there is a failure to elect a member of a Town
agency, or if a vacancy occurs in the membership of an elected agency,
the vacancy shall be filled as follows:
i)
Select Board. If there is a failure to elect a member of the
Select Board, or if a vacancy occurs in the membership of the Select
Board, the remaining members of the Select Board may call a special
election to fill the vacancy or shall call the special election upon
the written request of at least 20 percent of the total number of
registered voters of the Town, provided that such request is filed
with the Select Board not less than 100 days prior to the date of
the next annual election.
ii)
School Committee, Trustees of the Harvard Public Library and
Trustees of the Warner Free Lecture Society. The remaining members
of the agency shall give notice of the vacancy to the Select Board
and to the public. The Select Board and the remaining members of the
elected board shall, by joint vote, not less than one week after notice
of the date on which the vote is to be taken, fill the vacancy until
the next Town election. The affirmative votes of the majority of the
persons entitled to vote on the vacancy shall be necessary for the
election.
3.
Appointed Agency Positions. Vacancies in any volunteer positions
will be filled by the Select Board. The agency with the vacancy may
make a recommendation to the Select Board to fill the vacancy. Positions
appointed by the Moderator will be filled by the Moderator.
(a)
Composition, Term of Office. There shall be a Select Board consisting
of five members elected for terms of three years each, arranged so
that the terms of office of as nearly an equal number of members as
is possible shall expire each year.
(b)
Powers and Duties. The executive powers of the Town shall be vested
in the Select Board, which shall be deemed to be the chief executive
office of the Town. The Select Board shall possess all of the executive
powers that a Select Board may possess and exercise, except those
powers and duties assigned by this Charter, bylaw, or other Town Meeting
vote to the Town Administrator or other body acting on behalf of the
Select Board. The Select Board shall:
1.
Lead the Executive Branch in matters of policy and budget:
i)
Serve as the chief policy making agency of the Town.
ii)
Be responsible for the formulation and promulgation of policy
goals, including long-term policy goals and immediate and specific
initiatives to be followed by all Town agencies serving under it.
iii)
Coordinate elected and appointed Town officers and agencies.
iv)
Conduct a fully integrated, collaborative Strategic Planning
Process incorporating the Master Plan, Capital Investment Plan, and
Finance Committee Five-Year Plan. Develop a statement of the goals
of the Select Board and a charge to the other Town agencies within
60 days after Annual Town Meeting.
v)
Participate in the Master Planning process as defined by Massachusetts
General Laws and oversee the implementation of the recommendations
of the Master Plan.
vi)
Prepare and submit the budget of the Town as set forth in Article 6. The budget shall support the articulated policy goals and initiatives. Budget preparation shall begin in September/October annually with a joint meeting of the Select Board, School Committee, Finance Committee, Capital Planning and Investment Committee, Planning Board, Board of Library Trustees, Board of Health, Conservation Commission, Community Preservation Committee, Park and Recreation Commission, and others as deemed necessary by the Select Board. A review of the proposed budget shall occur in January with final presentation to the Town for approval at the Annual Town Meeting.
2.
Manage the Executive Branch:
i)
Employ best practices for project management, planning, design,
and tasks necessitating the collaboration of multiple Town agencies.
ii)
Communicate through regular citizen forums and provide an annual
report on the state of the Town. This report shall be presented to
the Annual Town Meeting and shall evaluate the progress made on the
goals established by the Strategic Planning Process. The report shall
also include a summary of the Town's financial position, economic
development and capital projects, as well as any other items that
will impact the Town within the next several years.
iii)
Recruit, appoint, and support volunteers. Appointments to the
following boards shall be by an affirmative vote of no less than four
members of the Select Board: Planning Board, Board of Health, Cemetery
Commission, Community Preservation Committee. Constable. Historical
Commission, Park and Recreation Commission, and Tree Warden. Agencies
should represent a cross-section of the Town as a whole.
iv)
Guide and assist Town agencies in fulfilling their charge. Periodically
communicate with volunteers requesting feedback on policy initiatives.
v)
Award and execute all contracts for services and supplies for
all departments and agencies of the Town, other than the School Committee;
provided, however, that the Select Board, at its sole discretion,
may delegate this authority to any Town officer or agency.
vi)
Plan for the maintenance of governmental buildings and infrastructure,
including school buildings and infrastructure if so requested by the
School Committee.
3.
Act to further the goals and values of the Town as set forth in the
preamble to this Charter.
4.
Implement the Charter.
(c)
Day-to-Day Administration. Other than in the case of an emergency,
nothing in this section shall be construed to authorize any member
of the Select Board, nor a majority of its members, to become involved
in the day-to-day administration of any Town agency.
(d)
Licensing Authority. The Select Board shall be the Licensing Board
of the Town and may issue licenses, make reasonable rules and regulations
regarding the issuance of licenses, and attach such conditions and
restrictions thereto as it deems to be in the public interest; provided,
however, that such rules, regulations, conditions, and restrictions
are not incompatible with applicable law. The Select Board shall seek
opinion and input from citizens and Town agencies as to the impact
of any license. The Select Board shall enforce the laws relating to
all businesses for which it issues licenses. The Select Board may
delegate its licensing authority unless specifically prohibited by
law.
(e)
Appointing Authority. The Select Board shall appoint the Town Administrator, Town Counsel, Finance Director/Town Accountant, Town Constable, all members of non-elected voluntary Town agencies and other non-elected agencies as required by Massachusetts General Laws, with the exception of those positions appointed by the Moderator. The Select Board shall also appoint a police chief and a fire chief. The police chief shall serve under M.G.L. ch.41, § 97A. The fire chief shall serve under M.G.L. ch.48, § 42.
(f)
Investigations. The Select Board may investigate the affairs of the
Town and the conduct of any Town agency, including any doubtful claims
against the Town.
(a)
The Harvard School Committee provides public education, pre-K through
high school, and related services to the Town of Harvard. The School
Committee shall consist of five members elected for terms of three
years each, the terms being arranged so that the terms of office of
as nearly an equal number of members as possible expire each year.
The term of office for the five members will begin on the first business
day in July following their election.
[Amended 10-16-2021 ATM by Art. 13]
(b)
The Harvard School Committee shall have all of the powers and duties
that are given to School Committees under the constitution, laws,
and regulations of the Commonwealth and additional powers and duties
as may be authorized by bylaw or other vote of the Town Meeting.
(a)
Term of Office. There shall be a Town Moderator elected for a term
of three years.
[Amended 5-14-2022 ATM by Art.
27]
(b)
Powers and Duties. The Town Moderator shall be the presiding officer
of the Town Meeting and shall regulate its proceedings and perform
other duties as may be provided by law, this Charter, bylaw, or other
Town Meeting vote.
(c)
Appointment of the Finance Committee. The Town Moderator shall appoint
a Finance Committee that shall consist of seven residents, none of
whom shall be a Town officer elected by ballot or an appointed officer
or employee receiving a salary, who shall perform their duties without
salary or compensation. The terms shall be for a period of three years
and shall be arranged in order that the terms of as nearly an equal
number of members as possible shall expire each year. The Moderator
shall exercise due care in the process of selecting members to ensure
that the committee represents a cross section of the Town as a whole.
(d)
Appointment of the Capital Planning and Investment Committee. The
Town Moderator shall appoint two members of a Capital Planning and
Investment Committee.
(e)
Other Appointments. The Town Moderator shall make other appointments
provided for by law, this Charter, or bylaw.
(a)
Composition, Term of Office. There shall be a Board of Trustees of
the Harvard Public Library, which shall consist of six members, each
serving for a term of three years. The terms shall be arranged in
order that the terms of two members shall expire each year.
(b)
Powers and Duties. The Trustees of the Harvard Public Library shall
have all of the powers and duties that are given to Boards of Trustees
under the constitution, laws, and regulations of the Commonwealth.
Trustees shall have the authority to hire a director and other library
employees. Employees shall be governed by the personnel policies of
the Town.
(a)
Composition. Term of Office. There shall be a Board of Trustees of
the Warner Free Lecture Society that shall consist of six members,
each serving for a term of three years. The terms shall be arranged
in order that the terms of two members shall expire each year.
(b)
Powers and Duties. The Trustees of the Warner Free Lecture Society
shall have powers and duties in accordance with its declaration of
Trust.
The term of service for appointed members of volunteer Town
agencies is three years, unless defined otherwise for a specific agency.
Terms shall be arranged so that the terms of service of one-third
of the members, as nearly as possible, expire each year. Terms expire
at the time of the Annual Town Election held after their appointment,
unless an officer or member is terminated sooner by vote of the Select
Board.
