ARTICLE VIII. TRANSITIONAL PROVISIONS

8.1 Transition date.

This charter shall supersede the charter of the city of Plainfield approved April 4, 1872 (P.L. 1872, p. 1134) and shall take effect on January 1, 1969, subject to the provisions of this article.

8.2 Existing laws and ordinances.

(a) All laws and parts of laws relating to or affecting the city of Plainfield are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this charter, and only to that extent and with respect to such application.

(b) All ordinances and resolutions of the city, to the extent that they are not inconsistent with the charter, shall remain in full force and effect until repealed or amended pursuant to law.

8.3 Elective officers.

A mayor and council shall be first elected under the charter at the general election in November, 1969, and shall take office at noon on January 1, 1970. The mayor and common council as constituted and elected pursuant to the charter of April 4, 1872, shall continue in office and shall have, exercise and discharge the functions, powers and duties of the mayor and council, respectively, under this charter until noon on January 1, 1970.

8.4 Appointive officers and employees.

(a) At 12:00 o'clock noon on the effective date of the charter, all offices, boards and commissions then existing in the city shall be abolished and the terms of all elected and appointed officers shall immediately cease and determine; provided that nothing in this section shall be construed to abolish the office or terminate the term of office of any member of the board of education, trustees of the public library, commissioners of the local housing authority, parking authority, or of any official or employee now protected by any tenure uf office law, or under the provisions of Title 11 of the Revised Statutes (Civil Service) as of the effective date of the ordinance adopted by the common council to authorize a petition for a special law enacting this charter.

(b» The adoption or taking effect of the charter shall not adversely affect the civil service tenure, pension, seniority or promotional rights of any city officer or employee.

(c) No subordinate board, department, body, office, position, or employment shall be created and no appointments shall be made to any subordinate board, department or body, or to any office, employment or position, including without limitation patrolmen and firemen, between the date of election of officers and the date the newly elected officers take office under the charter.

8.5 Administrative code.

(a) On or before the thirtieth day following the effective date of the charter the council shall adopt an administrative code, to take effect not later than that date, to provide for the organization and administration of the city government pursuant to the charter.

(b) Provision for the organization and administration of the city government, and the creation and filling offices under the charter may be made temporarily by resolution pending the adoption of the administrative code, but any such resolution shall expire not later than 30 days after the effective date of the charter.

8.6 Transfer of employees.

Officers and employees in the classified service upon the effective date of this charter shall be transferred to the department, division or agency to which the functions, power or duties in which they were engaged are allocated by this charter, without examination and without affecting existing compensation, pension, or retirement rights, privileges or obligations of any such officers or employees.

8.7 Continuity of functions.

Any department, agency or officer to whom the charter or administrative code allocates or assigns any powers and duties shall exercise such powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such powers or duties and applicable to the agency or officer formerly exercising such powers and duties shall, so far as not inconsistent with the provisions of this charter, apply to the agency or officer to which such powers and duties are assigned by this charter.

8.8 Pending actions and proceedings.

No action or proceeding, civil or criminal, pending at the tune when this charter shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of the charter or administrative code. All such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer, party thereto, may be assigned or transferred to another agency or officer, and in that event the action or proceeding may be prosecuted or defended by the head of the agency to which such functions, powers and duties are assigned or transferred.

8.9 Referendum on adoption of this act.

This act shall be submitted to referendum, and shall take effect upon a favorable vote thereon, as herein provided. The question of adoption of this act shall be submitted to the legal voters within the city of Plainfield at the next general election to be held not less than 25 days after its passage.

(a) There shall be printed in the space provided for public questions on the ballot to be used in such special election the following question:

(b) If at such election a majority of all the valid votes cast for and against the adoption of this act shall be cast in favor of the adoption thereof, the act shall take effect and become operative in accordance with its terms.

8.10 Validation.

All proceedings of the charter committee of the city of Plainfield, including the appointment and qualification of its members and the submission of its report and recommendations, and all actions of the mayor and common council with respect thereto including the petition to the Legislature for the passage of this special act, and the time and manner of publication of notice of intention to apply thereof, are hereby ratified, confirmed and validated.

8.11 Repealer.

All acts and parts of acts inconsistent with the provisions of this act are, to the extent of such inconsistency, hereby repealed.

8.12 Effective Date.

This act shall take effect immediately, subject to the results of the referendum under section 8.9. The city clerk of the city of Plainfield shall, following such referendum, forthwith file his certificate of the results of the vote on the public question with the Secretary of State.

Approved July 12, 1968.

Introductory Statement

This is a special act applicable only to the city of Plainfield, for which the city has petitioned upon recommendation of its charter study committee.