All general laws, special laws, city ordinances, and rules and regulations of or pertaining to Everett, 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of which the city is a member, that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by law, or until they expire by their own limitation.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 records, property and equipment whatsoever of any city agency, or part thereof, the powers and duties of which are assigned in whole or in part to another city agency, shall be transferred immediately to that 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.
(a) 
Certain Special Laws Recognized and Retained – The following special acts are hereby retained: Chapter 417 of the Acts of 1991 relative to the police chief; Chapter 86 of the Acts of 1933 relative to the fire chief, Chapter 33 of the Acts of 1989 relative to the auditor, Chapter 73 of the Acts of 1982 relative to the development and financial corporation and Chapter 133 of the Acts of 1990 relative to the economic development and industrial corporation, Chapter 308 of the Acts of 1988 relative to licensing of establishments with pool tables; Chapter 318 of the Acts of 1988 relative to a general liability insurance fund; Chapter 423 of the Acts of 2002 relative to retiree health insurance; Chapter 60 of the Acts of 1939 relative to the laying out of public ways; and Chapter 24 of the Acts of 2008 relative to special police officers.
(b) 
Certain Special Laws Recognized and Retained, in part - The following special acts relating to the organization of the city’s government are recognized and retained in part as follows: so much of Chapter 432 of the Acts of 1962 creating a purchasing department; Chapter 453 of the Acts of 1990 relative to the board of park commissioners, Chapter 115 of the Acts of 2001 providing for an Executive Director of City Services, and Chapter 332 of the Acts of 2010 creating an inspectional services department. These acts shall remain in effect only until such time as the mayor may act to modify provisions contained in these acts pursuant to Article 5 of this charter.
(c) 
Certain special laws recognized and retained with respect to incumbents in office at the time of charter adoption -Incumbents now serving in the offices of building inspector pursuant to Chapter 518 of the Acts of 1920, the city engineer pursuant to Chapter 136 of the Acts of 1927, the Director of Veterans’ Services (Commissioner of Soldier’s Relief and State and Military Aid) pursuant to Chapter 92 of the Acts of 1932 , the city clerk and assistant city clerk pursuant to Chapter 8 of the Acts of 1926, and the treasurer pursuant to Chapter 166 of the Acts of 1947 shall have all the rights afforded by these acts, but upon the vacating of office by the incumbents by resignation, retirement, or other cause, such offices will be subject to the city’s charter provisions relating to appointment, and the city’s personnel policies and procedures.
(d) 
Certain Borrowing Authorizations, Retained - The following special acts which authorized the city to borrow certain sums of money, for certain purposes, are hereby recognized and retained: Chapter 455 of the Acts of 1998; and Chapter 309 of the Acts of 2002.
(e) 
Certain Other Obsolete Special Laws Repealed – The following acts hereby stand repealed: Chapter 355 of the Acts of 1892, Chapter 366 of the Acts of 1896, and Chapter 152 of the Acts of 1902 of or relating to the city’s charter; Chapter 260 of the Acts of 1917, Chapter 57 of the Acts of 1933, and Chapter 161 of the Acts of 1934 relating to preliminary elections; Chapter 183 of the Acts of 1918 relating to vacancies; Chapter 349 of the Acts of 1928 and Chapter 288 of the Acts of 2002 relating to the mayor’s term; Chapter 361 of the Acts of 1930 relating to biennial municipal elections; Chapter 135 of the Acts of 1933 and Chapter 64 of the Acts of 1935 relating to the municipal inaugural; Chapter 525 of the Acts of 1943 and Chapter 146 of the Acts of 1990 relating to the school committee; Chapter 259 of the Acts of 1949 relating to office-holding; and Chapter 308 of the Acts of 1977 relating to initiative petition.
This charter shall take effect upon its ratification by the voters and in accordance with the following schedule:
(1) 
All city officers and employees shall continue to perform their duties in the same manner and to the same extent as they have performed the same prior to the ratification by the voters of the home rule charter.
(2) 
The first election of officers under this charter shall be held on the first Tuesday following the first Monday in November 2013 for the purpose of electing a mayor, a city council and members of the school committee. A preliminary election for the purpose of nominating candidates to be elected shall be held on the third Tuesday of September 2013, if necessary, as provided in Article 7 of this charter.
(3) 
On the first Monday in January 2014 the persons elected as mayor, city council members, and school committee members shall be sworn to the faithful performance of their duties.
(4) 
Not later than 30 days following the date of the ratification of this charter by the voters, the city clerk shall give to each member of the General Court who represent any part of Everett a copy of the vote ratifying this charter.
(5) 
Immediately after the election at which this charter is adopted, the board of aldermen shall appoint 4 persons to a committee, at least one of which shall be a member of the charter commission elected in November 2009, to begin a review of the city ordinances 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. The city clerk shall be the fifth member and chair of this committee. The committee shall submit a report, with recommendations, within 1 year following its creation and may submit interim reports with recommendations at any time. The city solicitor, or special counsel appointed for this express purpose, shall serve as an advisor to the committee.
(6) 
No later than September 2014, the mayor shall promulgate a series of administrative orders providing for the organization of city government into operating agencies in accordance with section 5-1.
(7) 
Forthwith following the 2013 municipal election, the persons elected as members of the city council shall meet for the sole purpose of reviewing and revising policies and procedures, rules, or interim rules that will govern the conduct of the business of the city council until such time following the taking of the oath of office when the city council adopts permanent rules. Such meetings shall be called by the council member-elect most senior in age and shall be open to the public, although the business of any such meetings shall be confined to the topics identified here. The city clerk shall serve as an advisor to the city council-elect in this endeavor.
(8) 
As soon as practical following the election at which this charter is adopted, the city clerk and the registrars of voters shall, using existing precinct boundary lines and voting places, divide the city into 6 equal voting districts, or, as nearly equal as may be, using such existing precinct lines. At the first municipal election held in the odd numbered year following adoption of this charter, until the city has been reapportioned, as provided in Massachusetts General Laws, chapter 54, 1 ward councilor shall be elected from each such ward, based on the city’s most recent reapportionment pursuant to Massachusetts General Laws, chapter 54, and 5 councilors shall be elected from the city at large.
(9) 
Until such time as another salary is established in accordance with the provisions of this charter, the initial salaries for the mayor and for a school committee member shall be the same amount established for those offices at the time of the municipal election next following the election at which this charter is adopted. Until such time as another salary is established in accordance with the provisions of this charter, the initial salary for a city councilor shall be the same amount established for the board of aldermen at the time of the municipal election next following the election at which this charter is adopted.
(10) 
No later than May 1, 2014, the city council shall promulgate an ordinance providing for a code of conduct and a code of ethics applicable to all appointed and elected officials and employees of the city.
(11) 
The mayor and the board of aldermen and common council, in office at time this charter is adopted, and the mayor and successor city council elected pursuant to this charter, shall have the authority to adopt measures that clarify, confirm, or extend any of the transitional provisions in order that such transition may be made in the most expeditious manner possible.
(12) 
So much of this charter as is possible shall take effect following its adoption by the voters. Provisions relating to the election of the city council shall take effect for the municipal election next following the adoption of this charter. Upon taking of office, such council shall operate pursuant to the provisions of Article 2 of this charter.