Upon the effective date of the Charter, all
laws and parts of laws relating to or affecting the City of Lackawanna
are hereby repealed and superseded to the extent that they or any
of them are inconsistent with the provisions of the Charter. All local
laws, ordinances and resolutions of the City in effect on the effective
date of the Charter, to the extent that they are not inconsistent
with any provision of the Charter, shall remain in full force and
effect.
All administrative rules and regulations adopted
prior to the effective date of this Charter shall remain in full force
and effect to the extent that they are not inconsistent therewith.
Any reference in any such rule or regulation to any office, board
or body which is abolished by the Charter shall be deemed to refer
to such office, board or body to which the respective functions, powers
and duties are transferred by the Charter.
Except as expressly provided in this Chapter,
nothing in the Charter shall be construed to impair or change the
employment rights or privileges of officers or employees of the City
or of any office, agency or instrumentality thereof existing upon
the effective date of the Charter, relating to the personnel, appointment,
promotion, classification, tenure, removal, pension and retirement
rights, or any other rights or privileges of any person holding an
office, employment or position under the City government.
All officers and employees in the classified
civil service of the City, except those in exempt positions, who are
engaged in the performance of functions, powers or duties which are
continued by the Charter, shall be transferred to the department to
which their functions, powers or duties are respectively assigned
by the Charter, without examination, and without change in classification,
compensation, pension or retirement rights or any other rights, privileges
or obligations of such officers and employees.
Upon the effective date of the Charter, all
offices, employments and positions in the City government, other than
those in the classified service, which are not continued by provisions
of the Charter shall be abolished, and their respective functions,
powers and duties shall be transferred, performed, exercised and discharged
as provided by this Charter.
Any department or officer to whom the Charter
assigns any powers or 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 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
the Charter, apply to the department or officer to which such powers
and duties are assigned by the Charter.
All records, property and equipment whatsoever
of any department or part thereof, all the powers and duties of which
are assigned to any other department by this Charter, shall be transferred
and delivered to the department to which such powers and duties are
so assigned. If part of the powers and duties of any department or
part thereof are by this Charter assigned to another department, all
records, property and equipment relating thereto shall be transferred
and delivered to the department to which such powers and duties are
so assigned.
No action or proceeding, civil or criminal,
pending at the time when the Charter shall take effect, brought by
or against the City or any agency or officer, shall be affected or
abated by the adoption of the Charter or by anything therein contained.
All such actions or proceedings may be continued notwithstanding that
functions, powers and duties of any agency or officer party thereto
may by the Charter be assigned or transferred to another agency or
officer, but in that event the same may be prosecuted or defended
by the department to which such functions, powers and duties have
been assigned or transferred by the Charter.
The budget, appropriations and tax levy for
the fiscal year 1964 shall be governed by the provisions of this Charter
from and after a favorable referendum thereon, and to that end, the
dates prescribed for action to be taken with respect to such budget,
appropriations and tax levy shall be deemed directory only for such
first fiscal year.
Notwithstanding the general rule that the salary
of an officer may not be increased or diminished during his or her
term, the salaries of the first Mayor and Council elected under this
Charter may be fixed by local law after they take office.
The Lackawanna City Charter, being Chapter 574
of the Laws of New York 1909, as amended, is hereby repealed, except
as to the provisions relating to the City Court. [L. 1909, Ch. 574,
§ 37 of Title three and Title ten pertaining to City Court
repealed L. 1988, Ch. 397, § 38. Law provision relating
to Lackawanna City Court is contained in the UCCA and Judiciary Law.]
This Charter shall take effect January 1, 1964,
except that the provisions hereof relating to the wards and boundaries,
and the election of the Mayor and Council, and all other provisions
of law relating to the nomination and election of such elective offices
of the City shall take effect immediately upon approval of the Charter
by vote of the electors.
