City of Oneida, NY Article XV TRANSITIONAL PROVISIONS

Section 15.1 Effective date of Charter.

This Charter shall, upon approval by referendum at a special election in the manner provided by law, become effective January 1, 1975.

Section 15.2 Appointive offices abolished; incumbents continued.

A. The office of Commissioner of Charities is hereby abolished. The office of City Physician is hereby abolished. The board of health is hereby abolished. The office of the Executive Director of the Youth Bureau is hereby abolished and the incumbent thereof shall become the Executive Director of the Recreation and Youth Services Department.

[Amended 12-19-2000 by L.L. No. 6-2000]

B. All other offices, boards, bureaus, commissions, agencies and positions of employment of the City shall continue until abolished, modified or superseded by action of the Common Council, but subject to the provisions of this Charter.

Section 15.3 Civil service rights continued.

The civil service status and rights of all City employees and their beneficiaries, including but not limited to those with respect to retirement and social security, shall not be affected by this Charter.

Section 15.4 Transfer of officers and employees.

Wherever, by any provision of this Charter, any functions, powers or duties heretofore exercised by an office, department, board, bureau, commission, agency or committee are assigned to another office, department, board, bureau, commission, agency or committee, all the officers and employees in the classified 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 office, department, board, bureau, commission or agency to which such functions, powers or duties are assigned by this Charter without examination and without affecting existing compensation, pension or retirement rights, privileges or obligations of such officers and employees.

Section 15.5 Transfer of powers.

The powers which are conferred and the duties which are imposed upon any office, department, board, commission or agency of the City by any laws of the state or by any local law, resolution, ordinance, rule or regulation shall, if such office, department, board, bureau, commission or agency is abolished by this Charter, be thereafter exercised and discharged by the office, department, board, bureau, commission or agency upon which are imposed corresponding or like powers, duties and functions pursuant to the provisions of this Charter.

Section 15.6 Transfer of records and property.

All records, property and equipment whatsoever of any office, department, board, bureau, commission, agency or division, the powers and duties of which are assigned to any other office, department, board, bureau, commission, agency or division by this Charter, shall be transferred and delivered to the office, department, board, bureau, commission, agency or division to which such powers and duties are assigned.

Section 15.7 Continuity of authority.

All existing state, local and other laws or enactments having the force of law shall continue in force until lawfully amended, modified, superseded or repealed, either by this Charter or an enactment adopted subsequent to its effective date. Any proceedings or other business undertaken or commenced prior to the effective date of this Charter may be conducted and completed by the City officer or administrative unit responsible therefor under this Charter.

Section 15.8 Pending actions and proceedings.

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 officer, department, board, bureau, commission or agency, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings shall be continued notwithstanding that functions, powers and duties of any officer, department, board, bureau, commission or party thereto may be assigned or transferred by this Charter to another officer, department, board, bureau, commission or agency, but in that event the same may be prosecuted or defended by the head of the office or department to which such functions, powers and duties have been assigned or transferred by this Charter.

Section 15.9 Effect of Charter on existing laws.

A. The Charter of the City of Oneida, as enacted by Chapter 648 of the Laws of 1911, and as amended from time to time, is hereby repealed.

The repeal thereof is not intended, however, to abrogate, diminish or abolish any rights, authority, privileges or immunities accruing thereunder to the City of Oneida or any portion thereof or any of its inhabitants, and any provisions of existing law incorporated into this new Charter shall not be deemed repealed but shall be construed as a continuation of such provisions, modified or amended as herein set forth, and not as new enactments.

B. All laws, ordinances, resolutions, rules and regulations and parts thereof relating to or affecting the City when this Charter takes effect, to the extent to which they are inconsistent with the provisions of this Charter and no further, are hereby repealed and superseded

C. The following local laws enacted by the City of Oneida, having been superseded by this Charter, are hereby repealed:

1. Local Law Nos. 2 and 4 of the year 1925.

2. Local Law Nos. 1, 2 and 3 of the year 1926.

3. Local Law No. 2 of the year 1927.

4. Local Law Nos. 1, 2 and 3 of the year 1928.

5. Local Law Nos. 1, 3 and 4 of the year 1929.

6. Local Law Nos. 1, 2 and 3 of the year 1935.

7. Local Law No. 2 of the year 1940.

8. Local Law Nos. 1, 3, 4 and 5 of the year 1942.

9. Local Law Nos. 1, 2 and 3 of the year 1943.

10. Local Law No. 2 of the year 1945.

11. Local Law Nos. 1 and 3 of the year 1946.

12. Local Law Nos. 1, 2 and 4 of the year 1947.

13. Local Law Nos. 1 and 3 of the year 1948.

14. Local Law Nos. 3 and 4 of the year 1949.

15. Local Law Nos. 5 of the year 1950.

16. Local Law Nos. 1, 2 and 3 of the year 1951.

17. Local Law Nos. 1, 3, 4 and 5 of the year 1952.

18. Local Law Nos. 1 and 2 of the year 1953.

19. Local Law Nos. 1, 2, 3, 4, 5 and 6 of the year 1954.

20. Local Law Nos. 2, 3, 4 and 5 of the year 1955.

21. Local Law Nos. 2 and 3 of the year 1956.

22. Local Law Nos. 1 and 3 of the year 1957.

23. Local Law Nos. 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the year 1958.

24. Local Law Nos. 1, 2, 3, 5, 6 and 8 of the year 1959.

25. Local Law No. 1 of the year 1960.

26. Local Law Nos. 1, 2, 3, 4 and 5 of the year 1961.

27. Local Law Nos. 1, 2, 4 and 6 of the year 1962.

28. Local Law Nos. 1, 2, 3, 4 and 5 of the year 1964.

29. Local Law No. 1 of the year 1965.

30. Local Law Nos. 1 and 2 of the year 1966.

31. Local Law Nos. 1, 2 and 3 of the year 1967.

32. Local Law Nos. 1, 2, 3, 4, 5 and 6 of the year 1968.

33. Local Law Nos. 1, 2, 3, 4, 5, 6 and 7 of the year 1969.

34. Local Law Nos. 1, 2 and 3 of the year 1970.

35. Local Law Nos. 1 and 2 of the year 1971.

36. Local Law No. 1 of the year 1972.

D. Local Law No. 4 of the year 1970 is modified insofar as it is superseded by the provisions of Section 9.3(2) of this Charter.

E. The following special acts of the State Legislature, having been superseded by this Charter insofar as they apply to the City of Oneida Charter are hereby repealed:

1. Chapter 648 of the Laws of 1911.

2. Chapters 67 and 174 of the Laws of 1913.

3. Chapter 435 of the Laws of 1914.

4. Chapter 63 of the Laws of 1916.

5. Chapter 102 of the Laws of 1917.

6. Chapter 259 of the Laws of 1918.

7. Chapter 58 of the Laws of 1923.

8. Chapter 547 of the Laws of 1925.

9. Chapter 355 of the Laws of 1930.

10. Chapter 154 of the Laws of 1937.

11. Chapter 310 of the Laws of 1938.

12. Chapter 839 of the Laws of 1945.

13. Chapter 617 of the Laws of 1946.

14. Chapter 475 of the Laws of 1948.

15. Chapter 878 of the Laws of 1953.

16. Chapter 873 of the Laws of 1957.

F. The following special acts of the State Legislature are hereby modified or amended as set forth in this Charter:

1. Chapters 116 and 158 of the Laws of 1956.

2. Chapter 968 of the Laws of 1963.

3. Chapter 425 of the Laws of 1965.

4. Chapter 185 of the Laws of 1971.

G. The following general laws or statutes are changed or superseded by the provisions of this Charter as follows:

1. General City Law § 25 as added by Chapter 502 of the Laws of 1921 as amended by Chapter 604 of the Laws of 1923 is superseded by Section 2.8 of this Charter.

2. Real Property Tax Law §§ 900, 904, 920, 924, 926, 928, 936, 938, 940, 942 and 948 as enacted by Chapter 959 of the Laws of 1958, and as last amended by Chapter 845 of the Laws of 1965, and Chapter 285 of the Laws of 1966 are superseded and modified to the extent that they are inconsistent with Sections 5.8, 5.28, 5.29, 5.30, 5.31, 5.33, 5.34, 5.35, 5.36, 5.37, 5.38 5.39, 5.40, 5.41, 5.42, 5.43 and 5.44 of this Charter.

3. Civil Practice Law and Rules §§ 211, 212, 213, 214, 215 and 216 as enacted by Chapter 308 of the Laws of 1962 and as last amended by Chapter 267 of the Laws of 1970, Chapter 388 of the Laws of 1964, Chapter 138 of the Laws of 1966, Chapter 532 of the Laws of 1963, Chapter 1141 of the Laws of 1969 and Chapter 532 of the Laws of 1963, respectively, are superseded and modified to the extent that they are inconsistent with Section 8.4 of this Charter.

4. The enactment of Section 9.6 of this Charter, being a substantial reenactment of Section 102 of the Charter of the City of Oneida, as enacted by Chapter 648 of the Laws of 1911, shall not be deemed to diminish, abrogate or limit any aid or benefits to which the City of Oneida or any portion thereof would be entitled to under the provisions of Highway Law §§ 219 through 229-d, as added by Chapter 983 of the Laws of 1970; §§ 279 through 284, as enacted by Chapter 63 of the Laws of 1936 and Chapter 801 of the Laws of 1945, and as last amended by Chapter 120 of the Laws of 1971; all being subsequent re-enactments, modifications or amendments to the Good Roads Law (Articles 6 and 7 of the Highway Law at the time of the enactment of the Charter of the City of Oneida) or under any other present or subsequent provisions of law heretofore or hereafter enacted by the State Legislature.