Transitional Provision

Section 10-1. Continuation.

All by-laws, ordinances, resolutions, of the previous City Council votes, and rules and regulations of the City which are in force at the time the Charter is adopted, not inconsistent with the provisions of the Charter, shall continue in force until amended or repealed.

Section 10-2. Continuation of Government.

All City agencies shall continue to perform their duties until re-appointed, re-elected, or until successors to their respective positions are duly appointed or elected or their duties have been transferred.

Section 10-3. Continuation of Administrative Personnel.

person holding an office or position in the administrative service of the City, or any person serving in the employment of the City shall retain such office or position and shall continue to perform his duties until provisions shall have been made in accordance with the Charter for the performance of the said duties by another person or agency; provided, however, that no person in the permanent full time service of employment of the City shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do.

Section 10-4. Transfer of Records and Property.

All records, property, and equipment whatsoever of any City agency or part thereof, the powers and duties of which are assigned in whole or part to another City agency shall be transferred forthwith to the City agency to which such powers and duties are assigned.

Section 10-5. Effect on Obligations, Taxes and other Legal Acts.

All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by or to the City before its adoption of the Charter, and all taxes, special assessments, fines, penalties, forfeitures incurred or imposed, due or owing to the City, 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; and no legal act done by or in favor of the City shall be rendered invalid by its adoption of the Charter.

Section 10-6. Council Salary.

The salary to be paid to each member of the City Council elected at the first election shall be determined by the City Council but under no circumstances shall exceed $1,000.00 per annum. This salary if any shall continue until changed by ordinance under the provisions of Section 2-3 of the Charter.

Section 10-7. Time of Taking Effect.

This Charter shall become fully effective on January 1, 1978 but it shall take partial effect in accordance with the following schedule:

(a) The first regular election shall be held in accordance with Article 7-1 of this proposed Charter on the first Tuesday following the first Monday in November, 1977. All of the provisions of the Charter which relate to the conduct of regular City elections including a preliminary election with regard to the City Council shall take effect as stated in the Charter.

(b) The School Committee shall only elect three members at large in November of 1977 for a term of two years. The three School Committeemen elected at the regular City election of April, 1977 shall continue to serve until the election of November, 1979. At that time, six School Committeemen will be elected every two years in accordance with the Charter proposed.

(c) The powers and duties of the City Council shall not become fully effective until the first secular day of January, 1978, but in the meantime, the City Council shall prepare for the transition to the new form of government as follows:

1. They shall establish qualifications and procedures to follow in the selection of a City Manager to serve under the Charter. The appointment of a City Manager shall be effective on the second Monday of January following their election.

2. They shall cause to be prepared rules and regulations governing the conduct of Council business. They shall study the requirements of the new Council and may prepare all necessary ordinances to be effective, for the orderly and convenient exercise of the administrative affairs of the City. They shall consider and prepare such agency reorganizations as they deem advisable, such as a Community Development Authority and a Human Service Board, for their consideration at the first session of the Council after January 1, 1978 but shall take no such action until they have taken the oath of office on the first secular day of 1978.

(d) Representatives to Greater Lawrence Regional Vocational Technical High School.

The committee members elected by the City of Methuen to the Greater Lawrence Regional Vocational Technical High School district shall be elected in the following manner.

1. The committee member to be elected at the April, 1977 election shall serve until the end of 1979 and his replacement shall be elected at the November, 1979 election.

2. The committee member whose term would have expired after the April, 1979 election shall serve until the end of 1979 and his replacement shall also be elected in the November, 1979 election.

Thereafter, both representatives that Methuen is entitled to will be elected at the regular election held every two years in accordance with this Charter.

(e) Representatives to Nevins Library.

The representatives elected by the City of Methuen to the Nevins Memorial Library will be elected in the following manner:

1. The delegate who will be elected in April, 1977 will serve until the end of 1979 and his replacement will be elected in the November, 1979 election.

2. The delegate who would have been elected in the April, 1978 election will continue serving as a holdover and he will serve until the end of 1979 and his replacement will be elected at the November, 1979 election.

Thereafter, both representatives will be elected in the regular manner.

(f) Any officials elected under the previous Charter shall remain in office until January 1, 1978 unless specific provisions for their continuance is provided for in this Charter.

(g) Community Development Department. The City Council, within sixty (60) days after taking office, shall file a special act with the Great and General Court of the Commonwealth of Massachusetts to create a Community Development Department which will combine the Methuen Housing Authority, Methuen Redevelopment Authority, Methuen Planning Board and any other boards and commissions that the City Council feels is necessary to coordinate the present responsibilities of these boards and commissions.

(h) Elimination of Fiscal Autonomy for the Methuen School Department. The City Council shall, within thirty (30) days after taking office in January 1978, submit home rule legislation which shall eliminate fiscal autonomy for the Methuen School Department. Such legislation shall allow the City Council, by a 4/5 vote, to reduce the budget as submitted by the Methuen School Department.

(i) The City Manager appointed in January following the election at which the Charter is adopted shall assist the City Council in the establishment of the new Charter as they may request him to do.

(j) The Councillors in office at the time of the first November election shall continue to serve in that office until December 31st of that year. They shall be responsible for general operation of the government and shall continue to perform all of the powers, duties and functions of their office as though, this, the Charter, had not been adopted except that they shall coordinate all of their long-range plans with the new members of the new City Council.

Section 10-8. Disposition of Special Acts.

(a) Partial Repeal of Certain Special Acts – The following special acts, insofar as they confer power upon the City of Methuen which the City would not otherwise hold under the Charter, General Laws or the Constitution, are retained; otherwise, they are hereby repealed, it being the explicit intention of this paragraph that portions of any special acts retained which limit or restrict a power conferred or the manner in which it is to be exercised be repealed and that powers so conferred are to be exercised in accordance with the Charter.

Chapter 310 of the acts of 1892; Chapter 176 of the acts of 1909; Chapter 57 of the acts of 1968.

(b) Special Act Specifically Retained – The following act is hereby recognized, confirmed and retained: Chapter 12 of the acts of 1725.

Section 10-9. City Solicitor Appointment/Time of Taking Effect.

The provisions of Section 2-8(c) relative to the appointment of the City Solicitor shall take effect on July 1st, 1986, provided, however, that the City Council shall, upon the effective date of the act, assume supervision and direction of the City Solicitor and he/she shall become directly responsible and accountable to the City Council. (Approved by voters November 5, 1985, see Resolution #1380 Chapter 182 of the Acts and Resolves 1985.)