The provisions of this Article shall relate
to the transition from the existing form of government to the form
of government provided in this Charter. Where inconsistent with the
preceding articles of this Charter, the provisions of this article
shall constitute temporary exceptions thereto.
This Charter shall be submitted to a vote of
the electors of Kingston Borough at the general election to be held
on the fifth (5th) day of November 1974. The affirmative vote of a
majority of those voting on the proposed charter shall be sufficient
for its adoption.
The Charter shall, upon approval by referendum
in the manner provided by law, become effective as of the first Monday
of January 1976.
A.
All municipal ordinances, resolutions, rules and regulations,
which are in force at the time this Charter becomes effective and
are not inconsistent with the provisions of this Charter shall continue
in force until amended or repealed. Unless forbidden by the Constitution
of the Commonwealth of Pennsylvania or an Act of the General Assembly,
all laws relating to or affecting this municipality or its agencies,
offices, or employees, which are in force when this Charter becomes
effective, are superseded to the extent that they are inconsistent
or interfere with the effective operation of this Charter or of ordinances
or resolutions adopted pursuant thereto.
B.
All municipal departments, bureaus, administrative
units, offices, agencies, authorities, boards and commissions shall
continue to exercise the powers conferred upon them, unless modified
by the provisions of this Charter or by action take thereunder.
A.
All elected officials in office at the time this Charter
becomes effective shall remain in office for the full term to which
they were elected. However, they shall have the responsibilities,
duties, authority, and compensation as set forth in and pursuant to
this Charter.
B.
The elected tax collector of the borough shall continue
in office under the same term, conditions, and compensation existing
on the date this Charter becomes effective until the expiration of
his current term of office or until the office becomes vacant, whichever
first occurs. When the current term of the tax collector shall become
vacant as provided in this Charter, the office of tax collector shall
cease to exist, and the duties of the tax collector shall be assumed
by the executive branch of the municipality.
A.
Nothing in this Charter, except as otherwise specifically
provided, shall affect or impair the rights or privileges of persons
who are officials or employees at the time this Charter is adopted;
and nothing shall diminish the rights or privileges of any former
employee or any present employee in his pension or retirement benefits.
B.
Employees holding a municipal position on the effective
date as well as the adoptive date of this Charter shall not be subject
to competitive tests as a condition for continuance in the same position,
but in all other respects such employees shall be subject to the personnel
system provided for in this Charter.
C.
Members of authorities, boards, or commissions in
office at the time this Charter takes effect shall remain in office
for as long as their respective terms of appointment shall continue,
unless and until an authority, board, or commission shall be abolished,
combined with another, or reconstituted, pursuant to this charter,
in which case the members thereof shall vacate their respective offices
upon written notice from the Mayor.
A.
The Council may at any meeting held within ninety
(90) days of the effective date of this Charter, adopt temporary ordinances
to deal with cases in which there is urgent need for prompt action
in connection with the transition of government, and in which the
delay incident to the appropriate ordinance procedure would cause
serious hardship or impairment of effective municipal government.
Every temporary ordinance shall be plainly labeled as such but shall
be introduced in the form and manner prescribed for ordinances generally.
B.
A temporary ordinance may be considered and adopted
with or without amendment at the meeting at which it is introduced
and shall become effective upon enactment or at such later time as
it may specify without regard to Section 213B. After enactment of
the temporary ordinance, the council shall cause it to be published
as prescribed for other enacted ordinances in Section 213A.
C.
Every temporary ordinance, including any amendments made thereto after enactment, shall automatically stand repealed as of the effective date of the administrative code and shall not be re-adopted, renewed, or otherwise continued except in the manner prescribed in Article II of this Charter for ordinances.
Subject to the provisions of Article VIII of this Charter and until the effective date of the administrative code, the Mayor shall have the authority to provide for the issuance of written directives for the administration of the executive branch in such a manner as he shall deem necessary for the most efficient operation of the municipality. Copies of all such directives shall be forwarded to the Council within twenty-four (24) hours after being issued.
Until the effective date of the personnel system required by Article VIII of this Charter, the Mayor shall have the authority to establish by written directive a personnel system for municipal employees with regard to the hiring, discharging, or promotion of such employees. All personnel transactions shall be made on the basis of merit and fitness and in accordance with the provisions of said personnel system established by a written directive. A copy of said directive, and copies of any amendments thereto, shall be forwarded to Council within twenty-four (24) hours after being issued.
