Local Laws and Ordinances Saved. Upon the adoption
of this Charter, all laws and parts of laws relating to or affecting
the City of Canandaigua remaining in force when this Charter shall
take effect are hereby repealed and superseded, but only to the extent
that they or any of them are inconsistent with the provisions of this
Charter. All local laws and ordinances of the City of Canandaigua
in effect on the effective date of this Charter shall remain in full
force and effect thereafter to the extent that they are not inconsistent
with any of the provisions of this Charter.
Except as otherwise provided, nothing in this
Charter shall affect or impair:
(a) The rights or privileges of any officer or employee
of the City, or
(b) The rights or privileges of any agency existing at
the time when this Charter shall take effect, or
(c) Any provision of law in force at the time when this
Charter shall take effect and not inconsistent with the provisions
of this Charter.
Wherever this Charter provides for an office,
board or commission by the same name or title as existed under the
prior Charter, the incumbent or incumbents of such prior office, board
or commission shall continue as officers or members of the board or
commission under this Charter for the remainder of their unexpired
terms.
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Wherever by any provision of this Charter functions,
powers or duties are assigned to any department or officer which have
been heretofore exercised by any other agency or officer, all officers
and employees in the classified civil service who at the time when
this Charter shall take effect are engaged in the performance of such
functions, powers or duties shall be transferred to the department
to which such functions, powers or duties are assigned by this Charter,
without examination and without affecting existing compensation or
pension or retirement rights, privileges or obligations of such officers
and employees.
Any department or officer to whom are assigned
by this Charter any powers and duties shall exercise such powers and
duties in continuation of their exercise by the agency or officer
which the same were heretofore exercised and shall have power to continue
any business, proceeding or other matter commenced by the agency or
officer by which such powers and duties were heretofore exercised.
Any provision in any law, rule, regulation, contract, grant or other
document relating to the subject matter of such powers or duties and
applicable to the agency or officer formerly exercising such powers
and duties shall, so far as not inconsistent with the provisions of
this Charter, apply to the department or officer to which such powers
and duties are assigned by this Charter.
No action or proceeding, civil or criminal,
pending at the time when this Charter shall take effect, brought by
or against the City or any agency or officer, shall be affected or
abated by the adoption of this Charter or by anything therein contained;
but all such action or proceedings may be continued notwithstanding
that functions, powers and duties of any agency or officer party thereto
may by this Charter be assigned or transferred to another agency or
officer; but in that event the same may be prosecuted or defended
by the head of the department to which such functions, powers and
duties have been assigned or transferred by this Charter.
[Amended 11-7-2017]
The Charter of the City of Canandaigua enacted
effective January 1, 1993, as amended, is hereby repealed.
[Amended 11-7-2017]
This Charter, as amended, shall take effect
January 1, 2018.