Select Board Wants A Better Petition Article Review Process

 HARWICH – Petition articles drew a lot of attention during the select board’s review of town meeting Monday.

 Voters faced a dozen petition articles in the annual town meeting, and a lot of time was spent in amending measures on the town meeting floor. On Monday board members agreed there is a need to establish a better process for review of such articles before they go before voters. 

In all, three petition articles were approved at town meeting, one was indefinitely postponed and eight were defeated. The petition articles approved were to have the select board evaluate a possible acquisition of the 29-acre Marceline salvage yard property; a home rule petition for a fertilizer reduction bylaw; and a home rule petition to restrict the use of rodent poisons.

There was a consensus among board members that the town needs a policy that allows town government to work with petition proponents so that language is consistent with state law and clearly articulates the purpose of the petition. Select Board Chair Donald Howell said a decade ago the town worked with citizens on petitions. 

Town counsel review of petition articles costs the town a great deal of money for legal opinions, it was noted.

 “We’re going to try to do better,” said Howell of the need for a policy.

By law, petition articles with signatures of 10 registered voters for an annual town meeting and 100 signatures for a special town meeting must be placed on the warrant. Once filed petitions cannot be altered until addressed on town meeting floor, at which time amendments can be made.

Select Board member Mark Kelleher said there needs to be a coaching session with petitioners, and boards and committees should be able to weigh in on petition articles. Consultations with town counsel should be an option, he added. 

 “I couldn’t agree more,” said Planning Board Chair Duncan Berry. “We need a multi-stage filter system. You get things better when you come together and work it out.”

Berry suggested reestablishing a working group of members of the planning board and appeals board to examine zoning petitions well before the town meeting filing deadlines. 

 “It’s difficult to do policy by petition,” said charter commission member Richard Waystack. The commission is looking at instituting spring and fall town meetings, bringing issues such as zoning articles to voters in the fall, he said. 

 “It doesn’t make sense to petition without dealing with the boards,” Waystack said.

 “Petitions are filling the gap when the town is not acting,” said Patrick Otton, who filed the fertilizer petition. “It would be nice to have the town address these issues, instead of the petitioner.”

 “Sometimes the town will not accept these ideas,” responded Howell. “But it’s your right.”

Some of the petitions were unclear or poorly articulated, select board member Jeffrey Handler said, adding that he’s been told “the town’s fingerprints can’t be on a petition.” 

Handler also said counter-factual information was presented during petition discussions. Handler said he supports the concept of streamlining the petition process and encouraged petitioners to take the initiative to join boards and committees to learn more about issues they are concerned with.

Howell said Town Administrator Jay McGrail is researching how other towns address the petition article process. McGrail cited provisions in place in Brewster, where petitioners need to adequately research a topic and assess the effect of the proposed change on existing laws and regulations. The town strongly recommends that the petitioner meet with the town manager, department heads, and/or the board/committee that has jurisdiction over the subject matter in order to seek feedback and advice in advance of drafting the petition.

The process must start early enough to leave sufficient time for review and support modifications before the article is submitted. By doing so, the petitioner may decide to amend the petition based on feedback or may choose not to move forward with it, according to the Brewster provision, which members of the select board said they liked.