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(1)
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Rights and Privileges Preserved.
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Nothing in this Charter, except as otherwise
specifically provided, shall affect or impair the rights or privileges
of persons who are City officers or employees at the time of its adoption.
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Nothing in this Charter, except as otherwise
specifically provided, shall affect or impair the rights or privileges
of employee collective bargaining units, established or to be established,
under Acts 111 and 195 of the Commonwealth of Pennsylvania. Collective
bargaining agreements in effect at the time of adoption of this Charter
shall continue in effect until modified through future agreements
or arbitrations.
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(2)
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Continuance of Office or Employment.
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Except as specifically provided by this Charter,
if at the time this Charter takes effect a City administrative officer
or employee holds any office or position which is or can be abolished
by or under this Charter, he or she shall continue in such office
or position until some specific provision under this Charter takes
effect directing that he or she vacate the office or position.
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(3)
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City Treasurer.
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The elected position of City Treasurer is abolished under this Charter and the duties and responsibilities of the Treasurer and Treasurer's Department are hereby assigned to the Department of Finance established under Article IV. The Treasurer elected in November of 2007 will complete his or her term of office as required by state law. That Treasurer shall: 1) Provide the bond and insurance required under Section 1402 of the Third Class City Code; 2) Work with the Director of Finance to perform the duties established under the Third Class City Code, Sections 1403, 1405, and 1406. Financial accounting and reporting required under Section 1404 of the Code shall be administered by the Department of Finance as required under § C-4.03 (2) of this Charter. The Mayor shall resolve any disputes between the Treasurer and the Director of Finance. All prohibitions established by this Charter for the Mayor and other members of Council and the Controller shall apply to the Treasurer. If a vacancy should occur in the office of the Treasurer, that vacancy shall not be filled and the duties of the office shall immediately be assigned to the Department of Finance.
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(4)
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Personnel System.
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An employee holding a City position at the time this Charter takes effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position, but in all other respects shall be subject to the personnel system provided for in § C-4.04B.
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(1)
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Transfer of Powers.
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If a City department, office, or agency is abolished
by this Charter, the powers and duties given it by law shall be transferred
to the City department, office, or agency designated in this Charter
or, if the Charter makes no provision, designated by the City Council.
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(2)
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Property and Records.
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All property, records, and equipment of any
City department, office, or agency existing when this Charter is adopted
shall be transferred to the department, office, or agency assuming
its powers and duties, but in the event the powers and duties are
to be discontinued or divided between units or in the event that any
conflict arises regarding a transfer, such property, records, and
equipment shall be transferred to one or more departments, offices,
or agencies designated by the City Council.
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All rights, claims, actions, orders, contracts,
and legal administrative proceedings shall continue except as modified
pursuant to the provisions of this Charter, and in each case shall
be maintained, carried on or dealt with by the City department, office,
or agency appropriate under this Charter.
All City ordinances, resolutions, orders, and
regulations which are in force when this Charter becomes effective
are repealed to the extent that they are inconsistent or interfere
with the effective operation of this Charter, or of ordinances or
resolutions adopted pursuant thereto. To the extent that the Constitution
and laws of the Commonwealth of Pennsylvania permit, all laws relating
to or affecting the City of Easton or its agencies, offices or employees
which are in force when this Charter becomes fully effective are superseded
to the extent that they are inconsistent or interfere with the effective
operation of this Charter or of ordinances or resolutions adopted
pursuant thereto.
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(1)
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Initial Elections.
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As provided in § C-6.03A, the Mayor
and three (3) other members of Council and the Controller, elected
at the November 2007 municipal election, shall be the initial elected
officials to be chosen under this Charter. As required by state law,
the two (2) members of Council whose terms expire at the end of 2009
shall complete their terms of office. The Mayor, the three (3) elected
members, and the two (2) members completing their elected terms of
office, shall, at their first meeting in January 2008, appoint a seventh
(7th) member to a two-year term, thus forming a seven-member Council,
all of whom will have been selected at large.
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The initial election of Council Members by district
will occur in November of 2009, with the terms of those elected to
begin on the first business day of January 2010.
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(2)
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Time Taking Effect.
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This Charter shall take effect on the first
business day of January 2008 as to all provisions except for the provisions
that three (3) members of the Council are to be elected by district
and that the position of elected Treasurer is to be eliminated. This
Charter will be fully in effect as to all provisions on the first
business day of January 2012.
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(3)
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First Council Meeting.
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The Easton City Council, to initiate operations
under this Charter, shall meet on the first business day of January
2008 at 6:00 p.m. at the Easton City Hall:
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(a)
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For the purpose of electing a Vice Mayor and
appointing or considering the appointment of a City Administrator,
City Solicitor, and City Clerk;
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(b)
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For the purpose of adopting ordinances and resolutions,
to affect the transition of government under this Charter, and to
maintain effective City government during that transition;
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(c)
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For the purpose of appointing the seventh (7th)
member of Council for a two-year term ending the first business day
of January 2010.
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(4)
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Temporary Ordinances.
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In adopting ordinances, as provided in § C-9.05(3), the City Council shall follow the procedures prescribed in § C-2.13, except that, at its first meeting or any meeting held within sixty (60) days thereafter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government, and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship to or impairment of effective City government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted, with or without amendment, or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, the Council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection, as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, renewed or otherwise continued, except by adoption in the manner prescribed by § C-2.13 for ordinances of the kind concerned.
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(5)
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Transition Expenses.
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The Council in office in 2007 shall appropriate
sufficient funds to finance expenses to be incurred in the transition
to this Charter, such as expenses to recruit a City Administrator
and Director of Finance. These funds may be expended on vouchers submitted
to the Council after approval by the Mayor elected in November 2007.
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(6)
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Delay of Certain Requirements.
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During the first two (2) years of operation under this Charter, the Budget submission requirements established under § C-5.02 may be modified, with approval of the Mayor, to ninety (90) days for the City Administrator's submission to the Mayor and sixty (60) days for the Mayor's submission to the Council.
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If any provision of this Charter is held invalid,
the other provisions of this Charter shall not be affected. If the
application of the Charter or any of its provisions to any person
or circumstance is held invalid, the application of the Charter and
its provisions to other persons or circumstances shall not be affected.
