The provisions of this article shall relate to the transition from the existing form of government (Third Class City Code) to the form of government provided in this Charter; the provisions of this article shall constitute temporary exceptions thereto.
This Charter shall be submitted to a vote of the electors of Nanticoke City at the general election to be held on the 8th day of November 2011. The affirmative vote of a majority of those voting on the proposed charter shall be sufficient for its adoption.
This Charter shall, upon approval by referendum in the manner provided by law, become effective as of January 1, 2012.
A. 
All 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becomes effective and are not inconsistent with the provisions of this Charter shall continue in force until amended or repealed.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 of Pennsylvania, all laws relating to or affecting this City or any of its divisions, agencies, offices, departments or employees which are in force when this Charter becomes effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.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 City departments, units, offices, agencies, authorities, boards, commissions and committees shall continue to exercise the powers conferred upon them, unless modified by the provisions of this Charter or by action taken hereunder.
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.
B. 
The current Mayor shall assume the duties, powers and responsibilities of the Mayor set forth in this Charter except for § 3.04G, the initial hiring of the City Manager, which shall be completed by the Transitional Committee.
C. 
The current City Council members and those City Council members that shall take a new term effective January 2, 2012, shall assume the duties, power and responsibilities of the City Council set forth in this Charter. The one vacancy in the City Council shall be filled by a majority vote of the total number of City Council no later than the February 2012 Business Meeting. With consideration that the elected positions of the City Controller and City Treasurer are abolished under this Charter and their duties and responsibilities are to be assigned by the Mayor under this Charter, City Council shall first select from the current elected City Controller or City Treasurer for the City Council vacancy. In the event the Controller and Treasurer refuse the appointment to the City Council, the City Council shall fill the vacancy pursuant to § 2.09 of this Charter.
D. 
If the Controller and Treasurer refuse the appointment or are not selected to be appointed to the City Council, they shall complete their respective terms of office as required by state law. The Mayor shall resolve any disputes that may arise between the elected Controller and elected Treasurer and the individuals and/or departments to which their duties and responsibilities have been assigned.
E. 
When current elected offices shall become vacant that are no longer an elective position under this Charter, those offices shall cease to exist, and the duties shall be assumed by the executive and/or administrative branch of the City as deemed necessary.
A. 
Upon approval of this Charter by the voters of Nanticoke City, a Transitional Committee shall be formed to help ensure that necessary and desirable transitional activities are successfully completed to the ends that this Charter shall become fully operational on its effective date resulting in a smooth, orderly and seamless transition from the City's existing form of government to the form provided under this Charter.
B. 
The Transitional Committee shall be comprised of the seven members of the Government Study Commission, one of whom shall be designated as the Chair of the Committee, one member of the City Council who shall be selected by the City Council at its January 2012 Business Meeting, and the Mayor, totaling nine members.
C. 
Any vacancy on the Transitional Committee shall be filled by a majority vote of the remaining members of the Transitional Committee. Any person filling a Transitional Committee vacancy shall be an elector of the City of Nanticoke.
The Transitional Committee shall have the following powers and duties:
A. 
Shall be responsible for drafting and adopting the Administrative Code, Code of Ethics, Conflict of Interest, Personnel Policy, Procurement Policy, Competitive Bidding Process and any other policy, rule, regulation and procedure that is necessary or desirable to advance the efficient transition of the administration of the City under the Charter. No changes shall be made to codes, policies, rules, regulations and procedures adopted by the Transitional Committee until at least two years have elapsed after adoption.
B. 
Shall undertake the search, recruitment, hiring and appointment of the initial City Manager.
C. 
Shall hire a legal advisor, recording secretary and consultant to guide and assist the Transitional Committee, and the City Council shall appropriate funds and approve payment for the legal advisor, recording secretary and consultant services pursuant to the terms and conditions accepted and approved by the Transitional Committee.
D. 
Shall engage in other activities it deems appropriate for ensuring transitional activities are successfully completed.
E. 
Shall incur and authorize expenses necessary to effectively carry out transitional activities.
F. 
Shall have the authority to make binding decisions in order to effectually carry out transitional activities.
G. 
Shall complete all tasks and responsibilities by January 1, 2013, and the Transitional Committee shall be dissolved on said date.
H. 
Members of the Transitional Committee shall serve in their capacity without compensation.
A. 
Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are City elected officials or employed by the City under the terms of a collective bargaining agreement at the time this Charter is adopted; and nothing shall diminish the rights or privileges of any former employee or any present employee relative to his/her 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 policy and other sections provided for in this Charter.
C. 
The City Administrator holding that position on the effective and adoptive date of this Charter shall become the City Manager on an interim basis, with the full duties, responsibilities and powers as outlined in this Charter, and shall serve in that capacity until the Transitional Committee makes a permanent hiring and appointment of the City Manager.
D. 
Members of authorities, boards, commissions or committees 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, commission or committee shall be abolished, combined with another, or reconstituted pursuant to this Charter, in which the case the members thereof shall vacate their respective offices upon written notice from the Mayor.
Subject to provisions 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 the Mayor shall deem necessary for the most efficient operation of the City. All directives shall be copied to the Transitional Committee and the City Council upon issuance.
Subject to provisions of this Charter and until the effective date of the personnel policy required by Article XV of this Charter, the Mayor shall have the authority to establish by written directive a personnel policy for City employees with regard to the hiring, discharging, disciplining and promotion of such employees. All personnel actions shall be made on the basis of merit and in accordance with the provisions of said personnel policy established by written directive. A copy of the directive shall be copied to the Transitional Committee and the City Council upon issuance.