Article IX
Transition Provisions
§ 1. Terminology.
The Charter in effect immediately prior to the general election of November 3, 1994, shall for the purposes of this Article IX be known as the old Charter. The Charter as amended at said general election shall be known as the new Charter.
§ 2. Final effective date.
The new Charter shall, except as hereinafter provided, become fully effective as to all its provisions on July 1, 1996. All municipal officials shall do such acts as may be necessary or convenient in preparation for the new Charter's becoming effective.
§ 3. Advanced effective dates.
By resolution, the Board of Estimates may make effective any provision or provisions of the new Charter as of any date from and after the thirtieth day after the election at which the new Charter is approved by the voters and prior to July 1, 1996, in which case, to the extent of any inconsistency or conflict between such provision or provisions of the new Charter and the old Charter, the provision or provisions of the new Charter shall prevail.
§ 4. Existing employees.
(a) Positions and salaries unaffected.
Notwithstanding that the entry into effect of the new Charter will cause the transfer of certain powers and duties among municipal agencies, no position occupied by any employee in the Civil Service as of July 1, 1996, shall be abolished nor shall the salary of any such employee be affected by virtue of the entry into effect of the new Charter.
(b) Civil Service status.
The officers and employees of the City who, on July 1, 1996, are in positions that the new Charter removes from the Civil Service shall retain their Civil Service status until they retire or until and unless their positions are abolished or they are removed from them pursuant to law.
§ 5. Records and funds.
The books, records, property and funds of any municipal agency abolished or superseded by the new Charter are hereby transferred to and vested in the municipal agency to which the powers, duties and functions of the agency so abolished or superseded are transferred; and whenever part of the powers, duties and functions of any municipal agency are transferred by the new Charter to another municipal agency, then the books, records, property and funds relating to the powers, duties, and functions so transferred shall be transferred to and vested in the agency to which such transfer is made.
§ 6. Ordinances, orders, regulations.
All ordinances and all orders, rules and regulations heretofore made in accordance with law by any municipal agency, insofar as the same are not in conflict with the provisions of the new Charter, shall remain in full force and effect until revoked or modified by agencies of the City empowered by the new Charter or otherwise by law, to repeal or amend the same.
References in such ordinances, orders, rules and regulations to any municipal agency existing prior to the applicable effective date of the new Charter, shall be deemed to refer to the municipal agency to whom its powers and duties shall have been assigned by the new Charter.
§ 7. Contracts and obligations.
All contracts, leases and obligations to which the City is a party at the applicable effective date of the new Charter shall remain in full force and effect according to their terms, and shall be performed by or for that municipal agency which, by the new Charter or applicable ordinances, shall have jurisdiction over the subject matter of such contracts, leases or obligations.
§ 8. New terms for boards and commissions.
The first terms of office provided by the new Charter for members of boards and commissions that are coterminous with the Mayor's term of office shall begin on the last day of December, 1995, and the first four year terms of office provided by the new Charter for board and commission members that are staggered with the Mayor's term of office shall begin two years thereafter.