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Section 12-1 Transfer of Powers
The powers which are conferred and the duties which are imposed upon any office, board, commission or similar body under the General Statutes or any ordinance or regulation, in force at the time of this Charter shall take effect, if such office, board, commission or similar body is abolished by this Charter or superseded by the creation herein of a new commission, board, similar body or office to which are granted similar powers and jurisdiction, shall be thereafter exercised and discharged by the commission, board or similar body, or office upon which are imposed corresponding or like functions, powers and duties under provisions of this Charter. All commissions, boards, similar bodies or office abolished by this Charter, whether elective or appointive, shall continue in the performance of their duties until provisions shall have
been made for the discontinuance of such commissions, boards, similar bodies or offices and the performance of their duties by other commissions, boards, similar bodies or offices created under this Charter and until the Town Clerk shall have notified the members of such commissions, boards, similar bodies or offices as are abolished by this Charter that their successors have qualified. All records, property and equipment whatsoever of any commission, board or similar body or office or part thereof, all the powers and duties of which are assigned to any other commission, board, similar body or office by this Charter, shall be transferred and delivered intact forthwith to the commission, board, similar body or office to which such powers and duties are so assigned.
Section 12-2 Transfer of Records and Property
If part of the powers and duties of any commission, board, similar body or office by this Charter assigned to another commission, board, similar body or office, all records, property and equipment relating exclusively thereto shall be transferred and delivered intact, in accordance with the General Statutes, forthwith to the commission, board, similar body or office to which such powers and duties are so assigned.
Section 12-3 Status of Employees
All employees of the Town on the effective date of this Charter shall retain such positions, pending action by the appropriate person or agency charged by this Charter with powers of appointment or removal of said employees. Any provisions in force at the time of this Charter, in relation to personnel, appointments, ranks, grades, tenure of office, promotions, removals, pension and retirement rights, civil rights or any other rights or privileges or employees of the Town or any office, department, or agency thereof, shall continue in effect, unless and until amended or repealed in accordance with the provisions of this Charter.
Section 12-4 Continuation of Appropriations and Town Funds
All appropriations approved and in force and all funds, including special or reserve funds in the name of the Town, at the time of the adoption of this Charter, shall remain in full force and effect unless and until the same shall be amended, transferred or abolished by the Board of Finance under the provisions of this Charter.
Section 12-5 Legal Proceedings
No action or proceeding, civil or criminal, pending on the effective date of this Charter, brought by or against the Town or any board, commission, similar body or office thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained, but all such actions or proceedings may be continued notwithstanding the fact that the functions, powers and duties of any board, commission or similar body or office, party thereto, under this Charter may be assigned or transferred to another board, commission, similar body or office to which such functions, powers and duties have been assigned or transferred by or under this Charter.
Section 12-6 Existing Laws and Ordinances
A) On and after the effective date of this Charter, all general laws and special acts of the State of Connecticut applying to the Town, all ordinances and bylaws of the Town, and all rules and regulations of commissions, boards and similar bodies of the Town not inconsistent with the provisions of this Charter or repealed thereby, shall be and shall continue to remain in full force and effect unless and until repealed or amended.
B) Referenced ordinances shall be compilated as set forth in Connecticut General Statutes '7-148a.
(Amended 11/93)
Section 12-7 Review and Amendment of Charter
This Charter may be amended in the manner prescribed by the General Statutes. The Board of Selectmen shall review this Charter from time to time as it deems to be in the best interest of the Town, but not less than once every five years, said review to be published as part of the Annual Town Report. The Board of Selectmen shall appoint a commission not later than five years from the effective date of this Charter, to review, amend or revise said Charter, in the manner prescribed by the General Statutes.
Section 12-8 Rules of Construction and Saving Clause
A) This Charter is intended to avail, make use of and exercise the full home rule powers of the Town under the Home Rule Law, and any other statute now in effect or hereafter enacted, and any other home rule powers thereof under the Constitution of the State of Connecticut, under the common law or otherwise. Said Charter to be construed as an assertion of the Town's full power and authority to prescribe its organic law for the administration of its local affairs.
B) If any section, or part of any section, in 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 said section or part thereof so held invalid may appear, 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 the section to which such ruling shall directly apply.
Section 12-9 Usage
When the context so requires, the masculine gender shall include the feminine, the singular shall include the plural and the plural, the singular.
Section 12-10 Reference to the General Statutes, Special Acts, and Ordinances
All references to the General Statutes made herein are to the General Statutes of Connecticut, and all references to said General Statutes, to the Special Acts or Special Laws of the State of Connecticut, and to the ordinances, regulations and bylaws of the Town of East Windsor are to them as they exist on the effective date of this Charter, as the same may be amended from time to time.
(Amended 11/93)
Section 12-11 Effective Date
The revised Charter will become effective upon the approval of a majority of the Town electors in accordance with the provisions of Chapter 99 of the General Statutes, as amended, except that all elected officials serving a specific term shall serve until the expiration of their elected terms, with all of their powers and duties unchanged during said term.
(Amended 11/93)
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