All persons holding permanent positions in the Service of the
Town, on the effective date of this Charter, whose positions are included
in the classified service by the terms of this Charter, shall remain
members of the classified service and retain such positions until
promoted, transferred, reduced or removed in accordance with the provisions
of this Charter. All other employees of the Town on the effective
date of this Charter, whose positions are not abolished by the provisions
of this Charter, shall retain such positions pending action by the
Board of Selectmen or the appropriate officer, charged by this Charter
with powers of appointment and removal. Any provision of law in force
at the time when this Charter shall take effect, and not inconsistent
with the provisions of this Charter, in relation to personnel, appointment,
ranks, grades, tenure of office, promotions, removals, pension and
retirement rights, civil rights or any other rights or privileges
of employees of the town or any office, department or agency thereof,
shall continue in effect.
All records, property and equipment whatsoever of any commission,
board, department or office or a part thereof, all the powers and
duties of which are assigned to any commission, board, department,
or office by this Charter, shall be transferred and delivered intact
to the commission, board, department or office to which such powers
and duties are so assigned. If part of the powers and duties of any
commission, board, department, or office, or part thereof, are by
this Charter assigned to another commission, board, department or
office, all records, property and equipment relating exclusively thereto
shall be transferred and delivered intact to the commission, board,
department or office to which such powers and duties are so assigned.
No contribution by the Town of more than five hundred dollars
($500.00) shall be made to any organization or private corporation
unless the Town is represented on its board by one or more members
nominated thereto by the Board of Selectmen.
No action or proceeding, civil or criminal, pending on the effective
date of this Charter brought by or against the Town or any commission,
board, department or office thereof, shall be effected or abated by
the adoption of this Charter or by anything herein contained; but
all such actions or proceedings may be continued notwithstanding that
functions, powers and duties of any commission, board, department
or office party thereto may by or under this Charter be assigned or
transferred to another commission, board, department or office, but
in that event the same may be prosecuted or defended by the head of
the commission, board, department or office to which such functions,
powers and duties have been assigned or transferred by or under this
Charter.
All general laws in their application to the Town and all ordinances
and by-laws of the Town shall continue in full force and effect, except
insofar as they are inconsistent with the provisions of this Charter.
All Special Acts or parts of Special Acts relating to the Town of
Winchester, inconsistent with the provisions of this Charter are repealed.
This Charter may be amended in the manner prescribed by law.
If any section of this Charter shall be held invalid by a court
of competent jurisdiction, such holding shall not affect the remainder
of this Charter, nor the context in which a section or part of section
is held invalid may appear, except to the extent that an entire section
or part of a section may be inseparably connected in meaning and effect
with the section or part of a section to which such holding shall
directly apply.
As used in this Charter an "Elector" means any person who is
an Elector of the Town or a property owner of the age of eighteen
(18) years or more, who, jointly or severally, is liable to the Town
for taxes assessed against him on an assessment of not less than one
thousand dollars on the last completed Grand List, or who would be
so liable if not entitled to a statutory exemption.
This Charter was submitted to the Electors of the Town of Winchester
and Adopted on April 23, 1960, becoming effective on October 2, 1961.