All by-laws, resolutions, rules, regulations and votes of the
town meeting which are in force at the time this charter is adopted,
not inconsistent with this charter, shall continue in full force until
amended or repealed.
If provisions of this charter conflict with provisions of town
by-laws, rules, regulations, orders, or special acts or acceptances
of laws, the charter provisions shall govern. All provisions of town
by-laws, rules, regulations, orders and special acts not superseded
by this charter shall remain in force.
Any person holding a town office or employment under the town
shall retain such office or employment and shall continue to perform
the duties of the office until provisions shall have been made in
accordance with this charter for the performance of such duties by
another person or agency.
All town offices, boards, commissions or agencies shall continue
to perform the duties thereof until re-appointed or re-elected, or
until successors to their respective positions are fully appointed
or elected or until their duties have been transferred and assumed
by another town office, board, commission or agency.
All records, property and equipment whatsoever of any office,
board, commission, committee or agency or part thereof, the powers
and duties of which are assigned, in whole or in part, to another
town office, board, commission or agency, shall be transferred forthwith
to such office, board, commission or agency.
[Approved 6-13-2011 by Ord. No. 2011-012]
Any person holding a town office, or a position in the administrative
service of the town, or any person holding full-time employment under
the town, shall retain such office, position or employment and shall
continue to perform the duties of such office, position or employment
until provision shall have been made for the performance of those
duties by another person or agency; provided, however, that no person
in the permanent full-time service of the town shall forfeit his pay
grade or time in service of the town.
Upon the adoption of this charter, the incumbents serving in
the office of treasurer-collector, town clerk and the incumbent assessor
serving as a full-time assessor shall be subject to the town's
personnel by-law and shall be granted all benefits and rights provided
by said by-law. The incumbents shall be granted sick leave, vacation
leave or other such leave based upon the number of years such incumbents
have served in an elective office and as an employee of the town of
Randolph. Such incumbents shall be entitled to and credited with retroactive
sick leave at the rate of 9 days for each year of full-time service
as an elected official and as an employee of the town.
All official bonds, recognizances, obligations, contracts and
other instruments entered into or executed by or to the town before
the adoption of this charter and all taxes, assessments, fines, penalties,
forfeitures, incurred or imposed, due or owing to the town, shall
be enforced and collected and all writs, prosecutions, actions and
causes of action, except as herein otherwise provided, shall continue
without abatement and remain unaffected by the charter. No legal act
done by or in favor of the town shall be rendered invalid by reason
of the adoption of this charter.
This charter shall take effect such that elections for office
shall be held on the first Tuesday following the first Monday in November
beginning in the first year when no regular state election in November
is scheduled following adoption of this charter and biannually thereafter,
unless the date of such election would be more than 3 months after
the adoption of the charter, in which case the board of selectmen
then in office may schedule a special transition election as promptly
as possible after adoption, but not later than 180 days after the
adoption of the charter. The officials so elected shall take office
on the first day in January that does not fall on a weekend or holiday,
of the year after adoption by the voters of the town. The initial
transitional term expires when the successors to those officials initially
elected by the charter take office after the date of the next election
to be scheduled for the first Tuesday following the first Monday in
November beginning in the first year when no regular state election
in November is scheduled.
Forthwith following the election at which this charter is adopted,
the town moderator, or if the position of town moderator is not in
effect, the person to last hold the position, shall initiate proceedings
whereby a screening committee shall be established to review applicants
for the position of town manager. The screening committee shall consist
of 9 persons, representing as nearly as possible the town demographic
and occupational base.
Not more than 30 days following the election at which this charter
is adopted, the 9 persons appointed as aforesaid shall meet to organize
and to plan a process for the selection of the town manager.
The committee shall review and screen all applications and provide
for interviews with such candidates for the position as it deems necessary.
Not more than 120 days following the date the committee meets
to organize, the committee shall submit to the town council the names
of not less than 3, but not more than 5 candidates for the position.
Within 60 days following the date the list of nominees is submitted,
the town council shall choose 1 of the nominees to be appointed to
the office of town manager.
Upon the appointment of a town manager, the committee established
hereunder shall be discharged.
