The provisions of this article shall relate to the transition from the City of Pittston's existing form of government (Third Class City) 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 Pittston City at the general election to be held on the sixth day of November 2012. 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 2, 2013.
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becomes effective and are not inconsistent with the provisions of this Charter shall continue in force until amended or repealed.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divisions, agencies, offices, departments, or employees, which are in force when this Charter becomes effective, are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.
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.
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 and they shall assume the duties, powers and responsibilities of their respective offices as set forth in this Charter.
Upon approval of this Charter by the voters of Pittston City, a Transition 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.
The Transition 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.
Any vacancy on the Transition Committee shall be filled by a majority vote of the remaining members of the Transition Committee. Any person filling a Transition Committee vacancy shall be an elector of the City of Pittston.
The Transition Committee shall have the following powers and duties:
A. 
Shall be responsible for drafting 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.
B. 
Shall engage in other activities it deems appropriate for ensuring transitional activities are successfully completed.
C. 
Shall complete all tasks and responsibilities by December 31, 2013, and the Transition Committee shall be dissolved on said date.
D. 
Members of the Transition 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 their 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 Manager/Clerk holding that position on the effective and adoptive date of this Charter shall become the City Administrator with the full duties, responsibilities and powers as outlined in this Charter.
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.
Subject to provisions of this Charter and until the effective date of the Administrative Code, the City Administrator with consent of the City Council shall have the authority to provide for the issuance of written directives for the administration of the City government in such a manner as the City Administrator and City Council shall deem necessary for the most efficient operation of the City. All directives shall be copied to the Transition Committee upon issuance.
Subject to provisions of this Charter and until the effective date of the personnel policy required by Article XIII of this Charter, the City Administrator 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 Transition Committee and the City Council upon issuance.
A. 
The 110% revenue cap instituted in § C11.06A shall not be effective for the 2013 budget and shall be applied initially for the 2014 budget.
B. 
City Council shall have all taxing authority under this Charter and the Pennsylvania Home Rule Charter and Optional Plans Law, Act 62 of 1972, effective immediately upon adoption of the Charter for the preparation and adoption of the 2013 budget. Any tax rate changes made under this authority shall not be effective prior to January 2, 2013. City Council shall further have the ability to amend the 2013 budget until March 1, 2013.