The provisions of this Charter shall govern notwithstanding
any General or Special Law of the Commonwealth to the contrary. Where
not contrary to or inconsistent with the provisions of this Charter,
the Town shall remain subject to the laws of the Commonwealth.
Unless expressly altered or superseded by the provisions of
this Charter, the Code of the Town of Nantucket shall remain in force
and effect notwithstanding ratification of this Charter unless and
until amended, added to or repealed in accordance with this Charter
and the laws of the Commonwealth.
The Town Clerk shall have custody of the original of this Charter
and any amendments thereto.
(a)
To the extent any specific provision of this Charter shall conflict
with any provision expressed in general terms, the specific provision
shall prevail. The provisions are severable, the remaining provisions
being unaffected if a Charter provision is held to be invalid.
(b)
To facilitate bringing Town governmental organization and operations
into conformity with this Charter, the members of the Town and County
Charter Commission elected April 4, 1995 shall serve ex officio as
members of a Committee on Charter Conformance, but only during the
continuance of the Charter Commission and, in any event, not later
than April 4, 2000. Such Committee shall serve in an advisory capacity
to the select board, the Town Manager and to such boards, councils,
commissions and committees as may request advice.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007; Acts of 2019, Ch. 110, approved 11-13-2019]
(a)
This Charter may be replaced, revised or amended in accordance
with the procedure set forth in either Chapter 43B of the General
Laws of the Commonwealth or in c. 328 of the Acts of 1992.
(b)
As permitted by Article II, Sec. 4, of the Articles of Amendment of the Constitution of the Commonwealth, this Charter may also be amended as follows:
The Town Meeting may, by a two-thirds vote, propose amendments of this Charter. All proposed Charter amendments so voted shall be published and submitted for approval at the next annual Town election in the same manner as provided for the adoption or revision of a charter upon the recommendation of a charter commission. Notwithstanding the foregoing, any change in the Charter relating in any way to the composition, mode of election or appointment, or terms of office of the Town Meeting or the select board or a town manager shall be made only by the procedure of charter revision set forth in Section 3 of Article II of the Articles of Amendment of the Constitution of the Commonwealth.
[Amended Acts of 2019, Ch. 110, approved 11-13-2019]
This Charter shall take effect on July first next following
ratification by the voters of the Town. All Town officers, boards,
councils, commissions and committees shall continue to perform their
duties 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.
Any person holding a Town office or employment under the Town
shall continue to retain such office or such employment and shall
continue to perform the duties of the office or of the employment
until such time as provisions shall have been made in accordance with
this Charter for the performance of such duties by another person
or agency. No person in the permanent, full time service or employment
of the Town shall forfeit pay grade or time in service by reason solely
of the adoption of this Charter. All such persons, unless removed
in accordance with this Charter, shall be retained in an employment
capacity as similar to their former employment capacity as is feasible.
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SECTION 2. Continuance of the Charter Commission.
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The Town and County Charter Commission elected April 4, 1995
pursuant to Chapter 328 of the Acts of 1992 shall continue to exist
until thirty days after the enactment of this Act and any act that
it may recommend in furtherance of a merger of the Town and County
of Nantucket, provided that it shall submit a final report of its
recommendations as to such a merger by December 31, 1998 and provided
further that in no event shall such Commission continue beyond April
4, 2000.
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SECTION 3. Ratification by the Voters.
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On the official ballot to be used by the Town of Nantucket at
the next annual election for Town officers at least two months after
enactment of this Act by the General Court, the question shall be
placed substantially as follows:
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"Shall an act passed, by the General Court in the year 1996
entitled 'An Act providing for a Charter for the Town of Nantucket'
be accepted?"
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A summary of the Charter to be prepared by the Town and County
Charter Commission shall accompany the ballot question described herein.
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If the majority of the votes cast in answer to such question
is in the affirmative, this Act shall take full effect but not otherwise.
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Ratified April 8, 1997
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