The provisions of this Charter shall govern notwithstanding
any law to the contrary; where not contrary to or inconsistent with
the provisions of this Charter, Nantucket County shall remain subject
to the General Laws.
Unless otherwise required by General Law of the Commonwealth,
the fiscal year of the County shall begin on July 1 of the prior calendar
year and end one year later on June 30.
For each fiscal year the financial statements of the County
shall be prepared and shall be annually audited by independent certified
public accountants who shall be engaged for that purpose upon recommendation
of the County Administrator and approved by the five members who perform
the functions of County Commissioners. Such accountants may, but are
not required to be, the same accountants engaged by the Town of Nantucket.
Chapter 71 of the Acts of 1838 and Section 33 of Chapter 20
of the 1902 Revised Laws of Massachusetts, shall be repealed and Chapter
264 of the Acts 1979 shall be modified, to the extent inconsistent
with the provisions of this Charter.
All records, property and equipment whatsoever of any agency
or part thereof, the powers and duties of which are assigned in whole
or in part to another county agency, shall be transferred forthwith
to such agency. All public County records under the jurisdiction of
the County Clerk shall, upon written request, be transferred to and
thereafter maintained in the office of the County Clerk, which records
shall include the original of this Charter and any amendments thereto.
To the extent any specific provision of this Charter shall conflict
with any provision expressed in general terms, the specific provision
shall prevail.
This Charter may be revised or amended in accordance with the
procedure set forth in either Chapter 34A of the General Laws or in
Chapter 328 of the Acts of 1992, and may also be amended in accordance
with the provisions of this Section.
The five members who perform the functions of County Commissioners
may, by a two-thirds vote, provide for the submission of any proposed
amendment of this Charter to the voters. Amendments proposed by the
five members shall become effective if approved by a majority of the
voters voting thereon at the next regular annual Town election held
more than one hundred and fifty days following the date of the vote
of the five members.
Nothing in this Section or in Section 1.3(b) or in this Charter
taken as a whole shall be deemed to grant the power to effect any
alteration, amendment or abolition of (i) the existence of Nantucket
County as a county, (ii) the offices of the County Sheriff, Register
of Probate, Clerk of Courts or the County Register of Deeds, or (iii)
the composition, mode of election or terms of office of the legislative
body or of the County Chair or Vice-Chair.
This Charter shall become effective on the first day of January
or of July, whichever next follows ratification of this charter by
the voters of Nantucket County. All County agencies 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;
provisions of this Charter which differ materially from the present
administrative practices affecting elected County department heads
and their employees shall come into effect upon the respective end
of the current term of the elected incumbent department head.
Any person holding a County office or employment under the County
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 County 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 5. Chapter 7 of the Acts of 1838 is hereby repealed.
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SECTION 6. Chapter 20, Section 33, of the 1902 Revised Laws
of Massachusetts is hereby repealed.
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SECTION 7. To the extent that any provision of this Act is inconsistent
with any of the provisions of Chapter 264 of the Acts of 1979, the
provisions of this Act shall apply.
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Ratified April 8, 1997
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