This Charter is declared to be a public act, and all courts
shall take judicial notice thereof.
Any ordinance may be proved by a copy thereof, certified by
the City Clerk under the seal of the City, or when printed in code
form by authority of the City, shall be received in evidence in all
courts or other places without further proof of authenticity.
All ordinances now in the records of the Town of Bridgeton,
resolutions, and regulations in force at the time this Charter takes
effect, which are not inconsistent with the provisions of the Charter,
shall remain and be in force until altered, modified, or repealed
by the Council. If any part of an ordinance, resolution, or regulation
is in conflict with the Charter, other provisions thereof which are
consistent with the Charter, shall not be affected.
If any provision of the Charter be held to be unconstitutional
or void by a court of competent jurisdiction, the validity, force
or effect of any other provision shall not thereby be affected.
No action or proceeding, civil or criminal, pending at the time
this Charter takes effect, brought by or against the City or any department
or officer thereof, shall be affected or abated by the adoption of
the Charter or anything herein contained. All rights of action, fines,
penalties and forfeitures accrued to and in favor of the City or against
the City before the Charter takes effect shall remain in full force
and effect as fully in every respect as if the Charter had not taken
effect.
All contracts entered into by the City or for its benefit prior
to the effective date of this Charter shall continue in full force
and effect. Public improvements for which legislative steps have been
taken prior to the time this Charter takes effect under existing laws
and ordinances may be carried to completion in accordance with the
provisions of such laws and ordinances. All taxes and assessments
levied or assessed and all other obligations owing to the City which
are uncollected at the time the Charter becomes effective shall continue
in full force and effect and shall be collected as if no change had
been made.
Any department, agency, office, board or commission whose powers
and duties as provided herein are the same, or substantially the same,
as those of a department, agency, office, board or commission heretofore
existing shall be deemed to be a continuation of such department,
agency, office, board or commission.
All records, property and equipment of any department, agency,
office, board or commission, or part thereof, the powers and duties
of which are assigned to any other department, agency, office, board
or commission by this Charter, shall be transferred and delivered
to the department, agency, office, board or commission to which such
powers and duties are assigned.
No action shall be maintained against the City for or on account
of any injury growing out of alleged negligence of the City unless
notice shall first have been given in writing to the Mayor. Such notice
shall be given within ninety (90) days of the occurrence for which
said damage is claimed, and it shall state the place, time, character
and circumstances of the injury and that the person so injured will
claim damage therefor from the City.
The City shall not be required to give bond in any judicial
proceeding or appeal.
No officer employee or members of a board or commission of the
City shall have financial interest direct or indirect in any contract
with the City or be financially interested, directly or indirectly,
in the sale to the City of any land, materials, supplies, equipment
or services. Any violation of this Section shall render the contract
voidable by the City and the person violating this Section shall forfeit
his office or employment and be subject to such additional penalties
as may be provided by ordinance.
No officer, employee or member of a board or commission of the
City shall engage in any business or transaction or shall have a financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of his official duties in the public interest
or would tend to impair proper discharge of his official duties in
the public interest or would tend to impair his independence of judgment
or action in the performance of his official duties.
Any officer, employee or member of a board or commission who
has a financial or other private interest in the City legislation
shall disclose on the records of the Council the nature and extent
of such interest.
No officer, employee or member of a board or commission shall,
directly or indirectly, solicit, receive or be in any manner concerned
in soliciting, obtaining or receiving any monetary contribution or
assistance, financial or otherwise, for any political purpose whatsoever
from any classified officer or employee of the City. No classified
employee of the City shall participate in the political campaign of
any candidate for City office.
No officer, employee or member of a board or commission shall
request or permit the use of City-owned property for any purpose except
the conduct of City business and no officer, employee or member of
a board or commission shall directly or indirectly, attempt to obtain
any service or benefit from City personnel for the personnel affairs
of such officer, employee or member of a board or commission.
All records of the City kept pursuant to this Charter, statute
or ordinance shall be open for public inspection to any citizen during
regular office hours. Those in charge of such records shall not refuse
the privilege of inspection to any citizen.
The original records of the City kept pursuant to this Charter,
statute or ordinance shall be preserved, provided however, that after
a period of five (5) years after filing thereof, and upon written
authorization of the Mayor, same may be maintained on microfilm or
in such other form which shall accurately reproduce and perpetuate
the original records in all details.
Amendments to this Charter may be submitted to the electors
by a commission as provided for a complete Charter. Amendments may
also be proposed by the Council or by petition of not less than twenty
percent (20%) of the registered voters of the City, filed with the
board of election commissioners, setting forth the proposed amendment.
The Council shall thereupon provide, by ordinance, that any so proposed
shall be submitted to the electors at the next election held in the
City not less than sixty (60) days after its passage, or at a special
election held as provided for by this Charter. Any amendment approved
by a majority of the registered voters voting thereon shall become
a part of the Charter at the time and under the conditions fixed in
the amendment; Sections or Articles may be submitted separately or
in the alternative and determined as provided for a complete Charter.
An employee holding a City position at the time this Charter takes full effect, who was serving in that same or comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position, but in all other respects shall be subject to the personnel system provided for in Article IX.
Throughout this Charter, the general use of the masculine pronoun
is understood to apply to either sex.
