This Home Rule Charter for the Town of Cumberland shall be submitted
to the electors of the Town at the general election to be held on
the Tuesday after the first Monday in November, 1978, in such manner
as is provided by State law.
This Charter shall take effect on the first Monday in December, 1980, at twelve o'clock noon, if the same shall have been approved by the electors as provided in section 1801 hereof and such approval shall have been certified by the Canvassing Authority; provided, however, that such provisions of this Charter as relate to the election of the Mayor, the members of the Town Council, and the School Committee shall be deemed to have taken effect on the first day prescribed by State law for the filing of declarations of candidacy for the general election to be held on the Tuesday after the first Monday in November, 1980.
At the general election held on the Tuesday after the first Monday in November, 1980, the electors of the Town shall vote for a Mayor, seven (7) members of the Town Council, and three (3) members of the School Committee, to fill the offices established by this Charter in article III, section 301, article IV, section 401, and article XIV, section 1401, respectively. Said officials thus elected shall take office on the effective date of this Charter as prescribed in section 1802 of this article.
All officials of the Town, elective and appointive, shall continue
in office following the effective date of this Charter, and shall
exercise the powers and duties of their respective offices as these
were constituted at the time of their election or appointment, until
successors have been selected and qualified or duly appointed under
the terms of this Charter, or until their offices have been abolished
by ordinance in implementation of this Charter.
All persons employed in the service of the Town, at the effective
date of this Charter, shall continue in such employment until their
status is altered in accordance with the provisions of this Charter,
or regulations enacted pursuant thereto.
The Town Council shall have authority to make any changes or
transfers in appropriations existing when this Charter takes effect,
where such changes or transfers are required for the operation of
the Town government under the provisions of this Charter.
The Town Council shall, as soon as practicable following the
effective date of this Charter, provide for the creation of such new
departments or agencies, and the reorganization or elimination of
such existing departments or agencies of Town government as may be
required under the terms of this Charter, or which the Council may
deem appropriate in achieving the objectives of the Charter, but not
inconsistent with its provisions. All records, property, and equipment
whatsoever of any office, department or agency or portion thereof,
all of the powers and duties of which are assigned to any other office,
department, or agency shall be transferred and delivered to the office,
department or agency to which such powers and duties are so assigned.
If part of the powers and duties of any office, department, or agency
or portion thereof are assigned to another office, department or agency,
all records, property and equipment relating exclusively thereto shall
be transferred and delivered to the office, department or agency to
which such powers and duties are so assigned. In the event of disagreement
over the transfer of the same the Mayor shall make the final decision.
All contracts and obligations entered into by the Town prior
to the effective date of this Charter shall continue in full force
and effect.
No action or proceeding, civil or criminal, pending at the time
when this Charter shall take effect, brought by or against the Town
or any office, department, or agency or officer thereof, shall be
affected or abated by the adoption of this Charter or by anything
herein contained.
All laws and parts of laws relating to the Town of Cumberland
are hereby superseded to the extent that the same are inconsistent
with the provisions of this Charter, except such laws now in effect
or hereafter enacted, which are in accordance with powers reserved
to the General Assembly by the constitution of the State. All special
laws for the creation of offices, agencies or boards for the Town
of Cumberland in effect prior to the inauguration of this Charter
shall be deemed to have been superseded by the terms of this Charter
unless provision has been made for the continuance of such special
offices, agencies or boards under the terms of this Charter. All laws
of the State relating to or affecting the Town, in force upon the
effective date of this Charter and not inconsistent with its provisions,
shall remain in force until amended or repealed.
All taxes levied or assessed by the Town prior to the effective
date of this Charter which have not been collected by the Town shall
be collected with any interest and penalties thereon by the Town government
hereby established in accordance with State law.
In all instances involving the transition of the Town government
from that under the previous laws governing the Town to that under
this Charter, which are not covered by the provisions of this article
or by other provisions of this Charter, the Council shall supply necessary
details and procedures and may adopt such rules, regulations, and
ordinances as may be required therefor.
