Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents

Section 1001 Nature of Article.

The provisions of this Article shall relate to the transition from the existing form of government to the form of government provided in this Charter. Where inconsistent with the preceding articles of this Charter, the provisions of this article shall constitute temporary exceptions thereto.

Section 1002 Election to Adopt Charter.

This Charter shall be submitted to a vote of the electors of Kingston Borough at the general election to be held on the fifth (5th) day of November 1974. The affirmative vote of a majority of those voting on the proposed charter shall be sufficient for its adoption.

Section 1003 Effective Date of the Charter.

The Charter shall, upon approval by referendum in the manner provided by law, become effective as of the first Monday of January 1976.

Section 1004 Continuity.

A. 
All municipal ordinances, resolutions, rules and regulations, which are in force at the time this Charter becomes effective and are not inconsistent with the provisions of this Charter shall continue in force until amended or repealed. Unless forbidden by the Constitution of the Commonwealth of Pennsylvania or an Act of the General Assembly, all laws relating to or affecting this municipality or its agencies, offices, or employees, which are in force when this Charter becomes effective, are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.
B. 
All municipal departments, bureaus, administrative units, offices, agencies, authorities, boards and commissions shall continue to exercise the powers conferred upon them, unless modified by the provisions of this Charter or by action take thereunder.

Section 1005 Authority of Existing Elected Officials.

A. 
All elected officials in office at the time this Charter becomes effective shall remain in office for the full term to which they were elected. However, they shall have the responsibilities, duties, authority, and compensation as set forth in and pursuant to this Charter.
B. 
The elected tax collector of the borough shall continue in office under the same term, conditions, and compensation existing on the date this Charter becomes effective until the expiration of his current term of office or until the office becomes vacant, whichever first occurs. When the current term of the tax collector shall become vacant as provided in this Charter, the office of tax collector shall cease to exist, and the duties of the tax collector shall be assumed by the executive branch of the municipality.

Section 1006 Officers and Employees.

A. 
Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are officials or employees at the time this Charter is adopted; and nothing shall diminish the rights or privileges of any former employee or any present employee in his pension or retirement benefits.
B. 
Employees holding a municipal position on the effective date as well as the adoptive date of this Charter shall not be subject to competitive tests as a condition for continuance in the same position, but in all other respects such employees shall be subject to the personnel system provided for in this Charter.
C. 
Members of authorities, boards, or commissions in office at the time this Charter takes effect shall remain in office for as long as their respective terms of appointment shall continue, unless and until an authority, board, or commission shall be abolished, combined with another, or reconstituted, pursuant to this charter, in which case the members thereof shall vacate their respective offices upon written notice from the Mayor.

Section 1007 Temporary Ordinances.

A. 
The Council may at any meeting held within ninety (90) days of the effective date of this Charter, adopt temporary ordinances to deal with cases in which there is urgent need for prompt action in connection with the transition of government, and in which the delay incident to the appropriate ordinance procedure would cause serious hardship or impairment of effective municipal government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally.
B. 
A temporary ordinance may be considered and adopted with or without amendment at the meeting at which it is introduced and shall become effective upon enactment or at such later time as it may specify without regard to Section 213B. After enactment of the temporary ordinance, the council shall cause it to be published as prescribed for other enacted ordinances in Section 213A.
C. 
Every temporary ordinance, including any amendments made thereto after enactment, shall automatically stand repealed as of the effective date of the administrative code and shall not be re-adopted, renewed, or otherwise continued except in the manner prescribed in Article II of this Charter for ordinances.

Section 1008 Administrative Organizations.

Subject to the provisions of Article VIII of this Charter and until the effective date of the administrative code, the Mayor shall have the authority to provide for the issuance of written directives for the administration of the executive branch in such a manner as he shall deem necessary for the most efficient operation of the municipality. Copies of all such directives shall be forwarded to the Council within twenty-four (24) hours after being issued.

Section 1009 Personnel Actions.

Until the effective date of the personnel system required by Article VIII of this Charter, the Mayor shall have the authority to establish by written directive a personnel system for municipal employees with regard to the hiring, discharging, or promotion of such employees. All personnel transactions shall be made on the basis of merit and fitness and in accordance with the provisions of said personnel system established by a written directive. A copy of said directive, and copies of any amendments thereto, shall be forwarded to Council within twenty-four (24) hours after being issued.