Commissioners in office on the day before this
Charter becomes effective shall continue in office for the remainder
of the term to which they were elected or appointed. On the effective
date of this Charter, they shall assume the functions and duties of
Commissioners as set forth in this Charter.
The elected Treasurer in office on the day before
this Charter becomes effective shall continue in office for the remainder
of the term to which elected or appointed. On the effective date of
this Charter, the elected Treasurer shall assume the powers and duties
of Treasurer as provided in this Charter.
A.
Citizen and property rights. Provisions of the First
Class Township Code[1] affording protections to citizens, property owners, public
and private schools and religious, historic, educational and charitable
properties, which are in force at the time this Charter becomes effective
and are not inconsistent with the provisions of this Charter or general
laws of the Commonwealth of Pennsylvania, shall be incorporated in
the Administrative Code[2] or other ordinance until modified, amended or repealed
by ordinance.
B.
Rights of township officials and employees. Nothing
in this Charter, except as provided specifically otherwise, shall
affect or impair the rights and privileges of elected or appointed
officials or employees of the township at the time of the adoption
of this Charter. An employee holding a position in the township government
at the time of adoption of this Charter shall not be subject to competitive
tests as a condition of continuation in the same or similar position,
but in all other respects shall be subject to the personnel system
set forth in this Charter and in the Administrative Code.[3]
The organization of the township government
under this Charter after the first day of January 1977 shall be as
set forth in this Charter. However, nothing in this section shall
be construed to abolish the office or terminate the terms of office
of any appointed official or employee protected by a tenure-of-office
law or collective bargaining agreement. It is the intent of this Charter
that appointed officials and employees be continued in the same or
similar positions in the organization subject to the provisions of
the Administrative Code.[1] All appointed members of boards, commissions and authorities,
heads of departments or administrative officers shall continue in
office with the same or similar bodies for the balance of the term,
if any, of their original appointment. However, nothing in this section
shall limit the right of the Board to create, modify or abolish boards,
commissions, authorities, departments, administrative offices or individual
positions.
A.
All actions and proceedings of a legislative, executive
or quasi-judicial character, which are pending upon the effective
date of this Charter, shall be maintained, carried on or dealt with
by the elected or appointed township official, department head, administrative
officer, board, commission or authority appropriate under this Charter.
B.
All township ordinances, resolutions, rules and regulations
which are in force at the time of the effective date of this Charter
and which are not inconsistent with the provisions of this Charter
shall continue in force unless amended or repealed.
At the time of the first organizational meeting of the Board, following the effective date of this Charter and not more than sixty (60) days from the date of such meeting, the Board may enact such temporary ordinances as may be necessary to ensure orderly transition to and conformity with the provisions of this Charter. Such temporary ordinances shall be labelled as such and may be enacted and take effect immediately upon enactment at any regular or special meeting of the Board. Such temporary ordinances need not be advertised in advance, but the full text shall be given public notice upon adoption in accordance with § 9.02 of this Charter. Temporary ordinances to implement transition shall stand repealed automatically as of August 1, 1977, if not repealed earlier, replaced by the Administrative Code[1] or such other ordinances required by this Charter or enacted
pursuant to the provisions of this Charter.
To establish an orderly procedure for transition
from the old to the new form of township government provided by this
Charter and to ensure that all necessary action is taken to make this
Charter fully operational, the Board shall, within fifteen (15) days
after adoption of this Charter, appoint a Transition Committee. This
Committee shall be comprised of two (2) members of the Board of Commissioners,
two (2) members of the Government Study Commission, one (1) of the
administrative staff of the township and at least four (4) registered
electors as the Board of Commissioners shall select. Such Committee
shall draft the proposed Administrative Code[1] and such ordinances as are necessary to implement fully
this Charter.
No later than May 16, 1977, the Board shall
meet with the Transition Committee to review and prepare for public
distribution a final draft of the proposed Administrative Code and
other ordinances necessary to implement this Charter. Prior to July
1, 1977, the Board shall enact the Administrative Code[1] and such other ordinances. In the adoption of the proposed Administrative Code and such other ordinances, the procedures specified in Article III of this Charter for legal advertising of ordinances shall not apply. However, the Board shall cause copies of the proposed Administrative Code and such other ordinances to be made available free of charge to any interested township resident upon request at least seven (7) days in advance of the regular or special meeting or meetings at which the proposed Administrative Code and such other ordinances will be given further consideration. Public notice of the availability of the proposed Administrative Code and such other ordinances, as well as the date, time and place of the Board meeting at which they will be considered for enactment, shall be given at least seven (7) days before such meeting. At any such regular or special meeting, the Board shall enact the Administrative Code and such ordinances as proposed by the Transition Committee and accepted by the Board.
