All general laws, special laws, town by-laws, votes, rules and
regulations of or pertaining to the town which are in force when the
charter takes effect and which are not specifically or by implication
repealed directly or indirectly hereby, shall continue in full force
and effect until amended or rescinded by due course of law or until
they expire by their own limitation.
All town agencies shall continue to perform their duties until
reappointed, reelected, or until successors to their respective positions
are duly appointed or elected, or their duties have been transferred
and assumed by another town agency in accordance with the provisions
of this charter.
Any person holding a town office, or a position in the administrative
service of the town, or any person holding full time employment under
the town, shall retain such office, or position, or employment, and
shall continue to perform the duties of such office, position or employment
until provision shall have been made for the performance of those
duties by another person or agency; provided, however, no person in
the permanent full time service of the town shall forfeit their pay
grade, or time in the service of the town as a result of the adoption
of this charter. All such persons shall be retained in a capacity
as similar to the capacity in which they were serving at the time
this charter is adopted as is practicable and any reduction in the
personnel needs of the town shall be accomplished through a policy
of attrition, unless specific provision is otherwise made in this
article.
All records, property and equipment whatsoever of any office,
department, or agency or part thereof, the powers and duties of which
are assigned in whole or in part to another office or agency shall
be transferred forthwith to the office, department or agency to which
such powers and duties are assigned.
This charter shall take effect upon its adoption by the voters
of Dartmouth, except as is hereinafter provided:
(a)
Not later than ninety days following the election at which this charter
is adopted the select board shall appoint seven persons to be a committee
to begin a review of the town by-laws for the purpose of preparing
such revisions and amendments as may be needed or necessary to bring
them into conformity with the provisions of this charter and to fully
implement the provisions of this charter. At least two of the persons
appointed to the committee shall have been members of the Dartmouth
Charter Commission. The committee shall submit a report, with recommendations,
to the annual town meeting in the year following the year in which
this charter is adopted. The review shall be conducted under the supervision
of the town counsel, or, by special counsel appointed for that express
purpose.
(b)
The select board shall have authority to adopt measures which have
the force of transitional provisions of this charter in order to clarify,
confirm or extend any provision of the charter in order that the transition
may be made in the most expeditious and the least contentious manner
possible.
(c)
Forthwith following the election at which this charter is adopted
the incumbent members of the select board shall be invited to attend
a drawing, to be conducted by the town clerk, at which a number, drawn
by lot, shall be permanently assigned to represent each of the five
"seats" which constitute the select board. As the terms of office
of the incumbent members of the select board thereafter expire, candidates
shall run for the office of select person by the number assigned to
a specific "seat". No person may be a candidate for more than one
numbered "seat" at any one election.
(d)
Until such time as a different form of organization is provided, in accordance with the provisions of section 4-1 of this charter, the administrative structure of the town, as it is presently constituted, shall continue to be operative.
(NOTE: A listing of all appointments, the terms of office, the
number of members and the officer or agency responsible for each appointment
is available for examination by the public in the office of the select
board, and at other public places in the town.)
