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Town of Dexter

ARTICLE X
TRANSITIONAL PROVISIONS

ARTICLE X
GENERAL PROVISIONS

Section (9.03) 10.01. Charter amendment.
Amendments to this charter may be framed and proposed in the manner provided by law.

Section (9.04) 10.02. Separability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the charter and its provisions to other persons or circumstances shall not be affected thereby.

ARTICLE X
TRANSITIONAL PROVISIONS

Section 10.01. Offices and employees.
(a) Rights and privileges preserved. Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are town officers or employees at the time of its adoption.

(b) Expiration of terms of elected officers. The terms of present elected officers shall expire as of the commencement of the terms of officers, officials or employees in comparable positions under this charter.

(c) Continuance of office or employment. Except as specifically provided by this charter, if at the time this charter takes full effect a town administrative officer or employee holds any office or position which is or can be abolished by or under this charter, the officer shall continue in such office or position until the taking effect of some specific provision in accordance with this charter directing that he vacate the office or position.

(d) Personnel system. An employee holding a town position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for under this charter.

Section 10.02. Department, offices and agencies.

(a) Transfer of powers. If a town department, office or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the town department, office or agency designated in this charter or, if the charter makes no provision, designated by the town council.

(b) Property and records. All property records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the council in accordance with this charter.

Section 10.03. Pending matters.
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as lawfully modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the town department, office or agency appropriate under this charter.

Section 10.04. State and municipal laws.
All town ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of Maine permit, all laws relating to or affecting this town or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto.

Section 10.05. Schedule.
(a) Acceptance by the town. For the sole purpose of submission to the voters of the Town of Dexter at any regular or special town election or state-wide election held before May 1st, 1974. Warrants shall be issued for such election in the manner now provided by law for the municipal elections, notifying and warning the qualified voters of said town to vote on approval or rejection.

(b) Form of ballot. The town clerk shall prepare the required ballots, on which the town clerk shall reduce the subject matter of this proposal to the following question: "Shall the municipality approve the new Charter recommended by the Charter Commission for the Town of Dexter?" The voters shall indicate by a cross or check mark placed against the word "YES" or "NO", their opinion of the same.

(c) Certificate to Secretary of State. The result of the vote shall be declared by the municipal officers of the Town of Dexter and due certificate of the result shall be filed with the Secretary of State by the town clerk.

(d) Election of officers under the charter. This Charter shall take effect for the purpose of nominating and electing officers hereunder immediately upon its acceptance by a majority of voters voting at said election, provided there were 30% of the total number of qualified electors registered to vote at the last regular Gubernatorial Election. The officers shall be elected on or before the Tuesday following the first Monday of November, 1974.

(e) Time of taking full effect. This charter shall be in full effect for all purposes on and after January 1, 1975.

Section 10.06. First council meeting.
(a) Time, place, purpose. On the second Monday of January 1975 following the first election of council members under this charter, the newly elected members of the council shall meet at 7:00 P.M. at the Council Chambers.

(1) For the purpose of electing the Chairman and Vice-Chairman appointing or considering the appointment of a town manager or acting town manager, and choosing, if it so desires, one of its members to act as temporary clerk pending appointment of a Secretary of the Council.

(2) For the purpose of adopting ordinances and resolutions necessary to effect the transition of government under this charter and to maintain effective town government during that transition.

(b) Temporary ordinances. In adopting ordinances as provided, the council shall follow the procedure prescribed in Article II, except that after its first meeting or any meeting held within 60 days thereafter, the council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective town government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, the council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically, stand repealed as of the 91st day following the date on which it was adopted, and it shall not be readopted, renewed or otherwise continue except by adoption in the manner prescribed in Article II for ordinance of the kind concerned.

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