Town of Wakefield, MA Part VIII TRANSITIONAL PROVISIONS

Sec. 8-1 Continuation of Existing Laws

All general laws, special laws, by-laws, votes, resolutions, rules, and regulations of or pertaining to the Town which are in force at the time this charter takes effect, not inconsistent with the provisions of this charter, shall continue in full force until amended or rescinded by due course of law or until they expire by their own limitation.

Where provisions of this charter conflict with provisions of Town by-laws, rules, regulations, orders and special acts and acceptances of laws of the Commonwealth, the charter provisions shall govern. All provisions of Town by-laws, rules, regulations, orders and special acts not superseded by this charter shall remain in force.

Sec. 8-2 Existing Officials and Employees

Any person holding a Town office or employment under the Town shall retain such office or employment and shall continue to perform the duties of the office until provisions shall have been made in accordance with this charter for the performance of the said duties by another person or agency. No person in the permanent full-time service or employment of the Town shall forfeit pay grade or time in service. Each such person shall be retained in a capacity as similar to the person's former capacity as is practical. No person shall be removed from a position without cause.

Sec. 8-3 Continuation of Government

All Town offices, boards, commissions or agencies shall continue to perform their duties until re-appointed or re-elected, or until successors to their respective positions are fully appointed or elected, or until their duties have been transferred and assumed by another Town office, board, commission or agency.

Sec. 8-4 Transfer of Records and Property

(a) In General. All records, property and equipment whatsoever of any office, board, commission, committee or agency or part thereof, the powers and duties of which are assigned in whole or in part to another Town office, board, commission or agency, shall be transferred forthwith to such office, board, commission or agency.

(b) School Department Real Property. The custody and control of all real property and buildings under the School Committee or School Department shall be transferred to the Town Council, and the maintenance of such real property and buildings shall be transferred to the Department of Public Works, on or before July 1, 2000, with the exception of school janitorial duties, which shall remain a function of the School Department.

Sec. 8-5 Time of Taking Effect

This charter shall become fully effective upon adoption by the voters, except as otherwise provided in this section:

(a) Forthwith following the election at which the charter is adopted, the Town Council shall initiate proceedings whereby a screening committee shall be established to review applicants for the position of Town Administrator. The screening committee is to consist of nine (9) persons representing as nearly as possible the Town demographic and occupational base.

	Not more than thirty (30) days following the election at which this charter is adopted, the nine (9) persons appointed as aforesaid shall meet to organize and to plan a process for the selection of the Town Administrator.
	The committee shall review and screen all applications and provide for interviews with such candidates for the position as it deems to be necessary.
	Not earlier than thirty (30) days, but not later than forty-five (45) days, after the first annual Town election following the adoption of this Charter, the committee shall submit to the Town Council the names of not less than three (3) nor more than five (5) candidates for the position. Within sixty (60) days following the date the list of nominees is submitted to it, the Town Council shall choose one of the nominees to be appointed to the office of Town Administrator. Upon the appointment of a Town Administrator, the committee established hereunder shall be considered discharged.

(b) Upon the expiration of the employment contract in effect at the time of adoption of this charter, the office of Executive Secretary shall be abolished.

(c) Until such time as the Town Administrator is appointed, the Executive Secretary shall be appointed by this charter as Acting Town Administrator.

(d) The Town Council shall be increased from five (5) to seven (7) members in the following manner: At the first annual Town election held after the adoption of this Charter, the Town Council shall be increased in size from five (5) members to seven (7) members by increasing by two (2) the number of members of the Town Council to be elected by the voters. The candidate(s) receiving the highest number of votes shall fill any regular vacanc(ies) for three (3) year terms. After the regular vacanc(ies) have been filled, the candidate with the next-highest number of votes shall fill the first new seat and serve for an initial term of two (2) years, and the candidate with the next-highest number of votes shall fill the second new seat and shall serve for an initial term of one (1) year. After expiration of the respective initial terms, each Board member thereafter elected shall serve for a three (3) year term.

(e) The School Committee shall be increased from five (5) to seven (7) members in the following manner: At the first annual Town election held after the adoption of this Charter, the School Committee shall be increased in size from five (5) members to seven (7) members by increasing by two (2) the number of members of the School Committee to be elected by the voters. After the regular vacanc(ies) have been filled, the candidate with the next-highest number of The candidate(s) receiving the highest number of votes shall fill any regular vacanc(ies) for three (3) year terms. Votes shall fill the first new seat and serve for an initial term of two (2) years, and the candidate with the next-highest number of votes shall fill the second new seat and shall serve for an initial term of one (1) year. After expiration of the respective initial terms, each Committee member thereafter elected shall serve for a three (3) year term.

(f) Beginning with the annual Town election held after the adoption of this Charter, the seat of each Finance Committee member whose term expires shall be filled by appointment to a three (3) year term by the Finance Committee Selection Committee.

(g) The Advisory Board of Public Works shall be established in the following manner: Upon adoption of this charter, the Board of Public Works shall be abolished, and each existing member of the Board of Public Works shall be appointed by this charter as an interim member of the Advisory Board of Public Works and shall be permitted to serve on the Advisory Board of Public Works as an interim member for a term equal to his or her remaining elected term with the Board of Public Works. Thereafter, vacated the seats of the interim members shall be left vacant until the Advisory Board of Public Works has been reduced to three (3) members, after which vacancies shall be filled by appointment by the Town Council as provided by this charter.

(h) Except as otherwise provided by this charter, and until such time as the Town Meeting may act, by by-law, to amend, repeal or revise them, the following provisions shall have the force of Town by-laws:

(1) Date of Town Meetings. The spring session of the annual Town Meeting shall be held on the first Monday in April.

(2) Date of Town Elections. The annual Town election for the election of Town officers, and for the determination of all other matters to be referred to the voters, shall be held on the fourth Tuesday in April.

(i) Within thirty (30) days following the adoption of this charter, the Town Council shall appoint a committee of seven (7) voters to review the Town by-laws and report back to the first annual Town Meeting held after the adoption of this Charter, at the latest, with recommendations to bring by-laws into conformity with the provisions of this charter.

(j) Unless otherwise provided by this charter, the composition and term of office of any Town agency, board, commission, committee or department shall continue as it has been until such time as a different form of organization is provided in accordance with the procedures made available in this charter.

(k) The Town Council shall, within thirty days after the adoption of this charter by the voters, appoint a seven (7) member committee to prepare a code of ethics for the Town of Wakefield. Said committee shall be composed of one (1) elected Town official, one (1) appointed Town official, one (1) Town employee and four (4) voters at large from the Town. The code of ethics shall be applicable to all elected and appointed officials and Town employees. The committee shall report back to the Annual Town Meeting, held at least ten (10) months after the committee has been appointed, with a recommended code of ethics for consideration by the Town Meeting.