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Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
This Home Rule Charter for the Town of Cumberland shall be submitted to the electors of the Town at the general election to be held on the Tuesday after the first Monday in November, 1978, in such manner as is provided by State law.
This Charter shall take effect on the first Monday in December, 1980, at twelve o'clock noon, if the same shall have been approved by the electors as provided in section 1801 hereof and such approval shall have been certified by the Canvassing Authority; provided, however, that such provisions of this Charter as relate to the election of the Mayor, the members of the Town Council, and the School Committee shall be deemed to have taken effect on the first day prescribed by State law for the filing of declarations of candidacy for the general election to be held on the Tuesday after the first Monday in November, 1980.
At the general election held on the Tuesday after the first Monday in November, 1980, the electors of the Town shall vote for a Mayor, seven (7) members of the Town Council, and three (3) members of the School Committee, to fill the offices established by this Charter in article III, section 301, article IV, section 401, and article XIV, section 1401, respectively. Said officials thus elected shall take office on the effective date of this Charter as prescribed in section 1802 of this article.
All officials of the Town, elective and appointive, shall continue in office following the effective date of this Charter, and shall exercise the powers and duties of their respective offices as these were constituted at the time of their election or appointment, until successors have been selected and qualified or duly appointed under the terms of this Charter, or until their offices have been abolished by ordinance in implementation of this Charter.
All persons employed in the service of the Town, at the effective date of this Charter, shall continue in such employment until their status is altered in accordance with the provisions of this Charter, or regulations enacted pursuant thereto.
The Town Council shall have authority to make any changes or transfers in appropriations existing when this Charter takes effect, where such changes or transfers are required for the operation of the Town government under the provisions of this Charter.
The Town Council shall, as soon as practicable following the effective date of this Charter, provide for the creation of such new departments or agencies, and the reorganization or elimination of such existing departments or agencies of Town government as may be required under the terms of this Charter, or which the Council may deem appropriate in achieving the objectives of the Charter, but not inconsistent with its provisions. All records, property, and equipment whatsoever of any office, department or agency or portion thereof, all of the powers and duties of which are assigned to any other office, department, or agency shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency or portion thereof are assigned to another office, department or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned. In the event of disagreement over the transfer of the same the Mayor shall make the final decision.
All contracts and obligations entered into by the Town prior to the effective date of this Charter shall continue in full force and effect.
No action or proceeding, civil or criminal, pending at the time when this Charter shall take effect, brought by or against the Town or any office, department, or agency or officer thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained.
All laws and parts of laws relating to the Town of Cumberland are hereby superseded to the extent that the same are inconsistent with the provisions of this Charter, except such laws now in effect or hereafter enacted, which are in accordance with powers reserved to the General Assembly by the constitution of the State. All special laws for the creation of offices, agencies or boards for the Town of Cumberland in effect prior to the inauguration of this Charter shall be deemed to have been superseded by the terms of this Charter unless provision has been made for the continuance of such special offices, agencies or boards under the terms of this Charter. All laws of the State relating to or affecting the Town, in force upon the effective date of this Charter and not inconsistent with its provisions, shall remain in force until amended or repealed.
All taxes levied or assessed by the Town prior to the effective date of this Charter which have not been collected by the Town shall be collected with any interest and penalties thereon by the Town government hereby established in accordance with State law.
In all instances involving the transition of the Town government from that under the previous laws governing the Town to that under this Charter, which are not covered by the provisions of this article or by other provisions of this Charter, the Council shall supply necessary details and procedures and may adopt such rules, regulations, and ordinances as may be required therefor.