Upon the adoption of this Charter, all laws and parts of laws
relating to or affecting the City remaining in force when this Charter
shall take effect are hereby repealed and superseded to the extent
that they are not consistent with the provisions of this Charter.
All local laws and ordinances of the City 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 provisions of
this Charter.
Except as otherwise provided herein, nothing contained in this
Charter shall affect or impair the rights or privileges of officers
or employees of the City or of any agency existing at the time when
this Charter shall take effect, or any provision of law in force at
the time when this Charter shall take effect and not inconsistent
with the provisions of this Charter, in relation to the personnel,
appointment, ranks, grades, tenure of office, promotion, removal,
pension and retirement rights, civil rights or any other rights or
privileges of officers or employees of the City generally or officers
or employees of any agency. Whenever 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 upon the effective date of this Charter shall
continue as officers or members of the board or commission, respectively,
under this Charter for the remainder of their unexpired terms.
Wherever, by any provisions 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 employee in the classified municipal 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 by 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 provisions 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 actions
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.
The Charter of the City of Batavia enacted effective January
1, 2002, as amended, is hereby repealed.
This Charter shall take effect January 1, 2010.
This Charter may be amended pursuant to a local law adopted pursuant to Articles
2 and
3 of the Municipal Home Rule Law or by procedure set forth in Article
4 (Part 2) of said Municipal Home Rule Law.
In the event that any section or provision of this Charter be
declared invalid or unconstitutional by a court of competent jurisdiction,
the same shall in no manner whatsoever invalidate or affect any other
section or provision of this Charter.