[Amended 6-7-2016 by L.L.
No. 1-2016]
This Charter shall become effective on January 1, 2012, upon
approval by public referendum in the manner provided by applicable
law. An Administrative Code may be adopted and amended by local law
at any time subsequent to the approval and adoption of this Charter.
This Charter may be amended in the manner provided by the Municipal
Home Rule Law. At least once every 20 years following the effective
date of January 1, 2012, this Charter shall be reviewed and revised
as deemed necessary pursuant to the Municipal Home Rule Law.
The provisions of this Charter shall constitute a continuation
of City functions for the purpose of succession to all rights, powers,
duties, and obligations attached to such functions. Proceedings or
other business undertaken or commenced prior to the effective date
of this Charter may be conducted and completed by the City officer
or department responsible. This Charter shall not invalidate any obligations
previously issued by the City or by any of its commissions, boards,
or agencies, and such obligations shall be and remain binding obligations
of the City. In the event any obligation has been issued in anticipation
of the issuance of bonds by the City or by any of its commissions,
boards, or agencies, the City is hereby empowered to issue such bonds
as legal and binding obligations of the City.
A.
Continuity of City officers' rights and privileges. 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.
B.
Continuity of appointed officials. Appointed officials whose offices
are continued pursuant to this Charter shall continue to hold their
respective offices until the expiration of the term for which they
were originally appointed, and shall perform the duties of their respective
offices as prescribed in this Charter, and shall be subject to removal
only as originally provided at the time of their appointment.
C.
Continuity of powers and duties. Any powers which are conferred and
duties which are imposed upon an officer, board, commission, or department
under any laws of the state or by any ordinance or local law in force
at the time this Charter takes effect shall be retained and exercised
by the officer, board, commission, or department except as amended
by the provisions of this Charter.
D.
Continuity of officers and employees. All officers and employees
of the City who shall hold office or be employed subject to Civil
Service Law and Rules when this Charter takes effect shall continue
in their respective positions and employment and in their respective
civil service classifications and status as officers or employees
of the City, consistent with the provisions of this Charter.
E.
Transfer of functions, powers, and duties. This Charter provides
that any functions, powers, or duties exercised by an officer, department,
board, commission, or agency, including the officers and employees
in the classified civil service, who are engaged in the performance
of such functions, powers, or duties at the time this Charter takes
effect shall be transferred to the office, department, board, commission,
or agency to which such functions, powers, or duties are assigned
by this Charter without examination and without affecting existing
compensation, pension or retirement rights, privileges, or obligations
of such officers and employees.
F.
Transfer of records, property, and equipment. All records, property,
and equipment whatsoever of any office, department, board, commission,
or agency the powers and duties of which are assigned by this Charter
to any other office, department, board, commission, or agency shall
be transferred and delivered to the office, department, board, commission,
or agency to which such powers and duties are assigned.
G.
Transfer of powers and duties. 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 Common Council.
H.
Transfer of Chamberlain's powers and duties. Upon adoption of this
Charter, all powers and duties of the City Chamberlain shall be vested
in the Director of Finance.
If part of any provision of this Charter shall be adjudged by
any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair, or invalidate the remainder of such provision,
but shall be confined in its operation to the clause, sentence, paragraph,
section, or article thereof directly involved in the proceeding in
which such adjudication shall have been rendered.
If any date specified in this Charter falls, in any year, on
a Saturday, Sunday, or legal City holiday, then such date shall be
deemed to refer to the next succeeding date which is not a Saturday,
Sunday, or legal City holiday.
