All general laws, special laws, city ordinances, and rules and
regulations of or pertaining to Fall River, including special acts
creating regional entities and arrangements of which the city is a
member, that are in force when this charter takes effect, and not
specifically or by implication repealed by this charter, shall continue
in full force and effect until amended or repealed, or rescinded by
law, or until they expire by their own limitation. In any case in
which the provisions of this charter are found to be inconsistent
with the provisions of any general or special law that would otherwise
be applicable, the provisions of this charter shall be deemed to prevail.
Every inconsistency between the prior law and this charter shall be
decided in favor of this charter.
All city agencies shall continue to perform their duties until
re-elected, reappointed, or until successors to their respective positions
are duly appointed or elected, or until their duties have been transferred
and assumed by another city agency.
All official bonds, recognizances, obligations, contracts, and
other instruments entered into or executed by or to the city before
the adoption of this charter, and all taxes, assessments, fines, penalties,
forfeitures, incurred or imposed, due or owing to the city, shall
be enforced and collected, and all writs, prosecutions, actions and
causes of action, except as otherwise provided in this charter, shall
continue without abatement and remain unaffected by the charter; and
no legal act done by or in favor of the city shall be rendered invalid
by reason of the adoption of this charter.
The following special acts for the city of Fall River are hereby
specifically repealed:
Chapter 131, Acts of 1937, An Act relative to the arrangement
of the names of candidates on ballots to be used at preliminary elections
in the City of Fall River; Chapter 160, Acts of 1941, An Act providing
for the holding of biennial municipal elections in the city of Fall
River in odd-numbered years instead of even-numbered years and establishing
the date of said elections; Chapter 90, Acts of 1950, An Act relative
to the filling of vacancies in the city council of the city of Fall
River; Chapter 223, Acts of 1951, An Act relative to the filling of
vacancies in the school committee in the City of Fall River; Chapter
438, Acts of 1979, An Act establishing the term of office of the school
committee in the city of Fall River to be coterminous with that of
the mayor and city council of said city; Chapter 292, Acts of 1980,
An Act providing for recall elections in the City of Fall River; Chapter
295, Acts of 1981; An Act relative to recall elections in the City
of Fall River.
The charter will take effect upon its adoption by the voters
except as follows:
(a)
Section 3-3 regarding the mayor posting vacancies on multiple-member bodies shall take effect on or before February 28, 2019.
(b)
The mayor taking office in 2020 shall initiate the review of planning needs and priorities as referenced in section 3-11 of this charter by May 1, 2020.
(c)
Section 6-2 requiring a meeting on the proposed budget will be in effect for the budget prepared for the fiscal year beginning July 1, 2019.
(d)
Section 6-3 relative to submission of the budget to the council shall be in effect for the budget prepared for the fiscal year beginning July 1, 2019.
(e)
Section 6-4 relative to council adoption of the budget shall take effect for the budget prepared for the fiscal year beginning July 1, 2019.
(f)
Section 6-5 relative to preparation and submission of the capital improvement plan shall be effective upon submission of a plan submitted to the council on or before February 1, 2019.
(g)
Section 6-6 relative to the annual independent audit shall take effect for the fiscal year ending June 30, 2019.
(h)
Section 6-8 relative to quarterly budget updates shall take effect for the fiscal year ending June 30, 2018.
(i)
Section 6-9 relative to the long term financial forecast shall take effect for the fiscal year beginning July, 1 2019.
(j)
Article 7 provisions relative to the conduct of preliminary and regular
municipal elections shall be in effect for the municipal election
to be held on November 5, 2019.
(k)
By June 15, 2021, the city council will review the city's wards to ensure uniformity as required by section 7-6 of this charter.
(l)
The public comment rules or policies as referenced in section 9-18 of this charter shall be posted on the city website by June 15, 2018, and such policies or rules must be in effect on or before July 1, 2018.
(m)
Immediately following the adoption of this charter, the mayor and
city council shall undertake a review of the city ordinances to determine
the need for any revisions and amendments as may be needed to bring
the ordinances into conformity with the charter, and to fully implement
the charter. This review shall be made by a special committee to be
established by ordinance, provided however, that (1) the committee
shall be composed of voters in the city, (2) that the city clerk shall
be a member of the committee, and (3) that the city attorney, or special
counsel appointed for this express purpose, shall serve as an advisor
to the committee. A report from the committee shall be filed with
the city council within one year of its appointment. The committee
may make interim reports with recommendations at any time, as the
committee may deem necessary.
(n)
Notwithstanding section 9-6 of this charter, not later than May 1, in the fifth year following the adoption of this charter, the mayor and city council shall provide for a review to be made of the city charter. This review shall be made by a special committee to be composed of 9 members to be appointed as follows: the mayor shall appoint 5 members to include 1 member of the school committee and 4 representatives of the city's business, academic, and civic associations and institutions. The city council president shall appoint 4 members to include 1 city councilor, 1 member of the charter commission elected in 2015 if able and willing to serve, provided however if no such charter commission member is able and willing to serve, the council shall choose another councilor; and 2 representatives of established neighborhood or social service organizations. All members of the committee shall be voters of the city. Except as noted herein, no other city officials or employees shall be appointed to the committee. Appointments shall, to the most practicable extent, assure geographic and demographic diversity of the committee's membership. The city attorney shall serve on the committee ex officio. The special committee shall hold a minimum of 2 public hearings, and shall file its report with the city clerk by June 30 in the year following its appointment. Recommendations shall be posted on the city website and copies shall be made available to the public at a cost not to exceed the actual cost of the reproduction.
