A.
Except as otherwise provided in the Charter, all elected
or appointed officers whose successors are by this Charter required
to be elected or appointed shall continue to hold their respective
offices until the expiration of the terms for which they were elected
or appointed and shall perform the duties of their respective offices
as prescribed herein and be subject to removal therefrom as though
they were originally appointed or elected to office under the provisions
of this Charter.
B.
The powers which are conferred and the duties which
are imposed upon an officer, board, commission or department under
any laws of the state or by any ordinance or local law in force at
the time of the taking effect of this Charter, whose title is changed
by this Charter, shall be exercised and discharged by the officer,
board, commission or department upon which is imposed the corresponding
or like functions, powers and duties under the pursuant to the provisions
of this Charter.
C.
All officers and employees of the City who shall hold
office or be employed under the subject to Civil Service Law and Rules
thereunder when this Charter shall take effect shall continue in their
respective positions and employment and in their respective Civil
Service classifications and status as officers or employees of the
City, insofar as such may be consistent with the provisions of this
Charter.
Whenever, by any provisions of this Charter,
any functions, powers or duties heretofore exercised by an officer,
department, board, commission or agency, all the officers and employees
in the classified Civil Service, who at the time when this Charter
shall take effect are engaged in the performance of such functions,
powers or duties, shall be transferred to the office, department,
board, commission or agency to which such functions, powers or duties
are assigned by this Charter without examination and without affecting
existing compensation, pension or retirement rights, privileges or
obligations of such officers and employees.
The powers which are conferred and the duties
which are imposed upon any officer, department, board, commission
or agency of the City by any laws of the state or by any ordinance
or local law shall, if such officer, department, board, commission
or agency be abolished by this Charter, be thereafter exercised and
discharged by the officer, department, board, commission or agency
upon which are imposed corresponding or like powers, duties and functions
pursuant to the provisions of this Charter.
The Office of City Treasurer shall be abolished
as of the effective date of this Charter and the functions, duties
and responsibilities of the office shall be transferred to the Office
of the Controller.
All records, property and equipment whatsoever
of any office, department, board, commission or agency, the powers
and duties of which are assigned to any other office, department,
board, commission or agency by this Charter, shall be transferred
and delivered to the office, department, board, commission or agency
to which such powers and duties are assigned.
Upon the effective date of this Charter, the
previous Charter of the City of Amsterdam and acts amendatory thereto
are repealed and all laws, ordinances, resolutions, rules and regulations
and parts thereof relating to or affecting the City when this Charter
takes effect, to the extent to which they are inconsistent with the
provisions of this Charter and no further, are hereby repealed and
superseded. All other laws, ordinances, resolutions and parts thereof
shall continue in force until the same are required, amended, modified
or superseded.
This Charter shall take affect on the first
day of January, 1980, except as otherwise provided by this Charter.
[Amended 8-31-1979 by L.L. No. 1-1979]
Upon approval of this Charter by the electors
of the City, the Mayor, pursuant to current schedules and procedures,
shall prepare and present to the Common Council a proposed transition
budget to cover a six-month period from the beginning of the next
full fiscal year under this Charter on July 1, 1980, and shall recommend
the revenues necessary to fund the proposed expenditures for such
period.
If any section, clause or provision of this
Charter shall be held unconstitutional, invalid or ineffective in
whole or in part or inapplicable to any person or situation, it is
the purpose and intent of this Charter that all other sections, clauses
and provisions thereof shall nevertheless be separably and fully effective
and that the application of any such invalidated or ineffective section,
clause or provision to other persons or situations shall not be affected.
This Charter shall be liberally construed to effectuate its objectives
and purposes.
The terms of office of all officers elected
as provided in this Charter shall commence on the first day of January
next following their election, except as otherwise provided by this
Charter or by law. Except as otherwise provided by this Charter or
by law, when the term of any elective or appointive officer shall
be for a year or a series of years, such terms of office shall be
computed from the first day of January. For the purpose of determining
when the term of such office shall end, the year in which the officer
shall take office shall be deemed to be the entire year, although
such officer may not have taken office until after such calendar year
shall have begun, so that the terms of office of all such officers
shall terminate at the end of a calendar year.
The proposition that this Charter be adopted
shall be submitted to the electors of the City at the General Election
on November 7, 1978, in accordance with Subdivision 5(b) of § 36,
Article 4, of the Municipal Home Rule Law. At such election there
shall be submitted the question: "Shall the new City Charter commission
be adopted?" At least 10 days before such election, this Charter shall
be published in full at least once in the official newspaper of the
City.
