CHAPTER VIII. TRANSITION AND MISCELLANEOUS PROVISIONS

Section 8-1 TRANSFER OF POWERS.
The powers which are conferred and the duties which are imposed upon any commission, board, department or office under the General Statutes or any ordinances or regulations in force at the time this Charter shall take effect, if such commission, board, department or office is abolished by this Charter, shall be thereafter exercised and discharged by the commission, board, department or office upon which are imposed corresponding or like functions, powers and duties under the provisions of this Charter. Allcommissions, boards, departments or offices 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, departments or offices and the performance of their duties by other commissions, boards, departments or offices created under this Charter and until the City Clerk shall have notified the members of such commissions, boards, departments or offices as are abolished by this Charter that their successors have qualified.

Section 8-2 PRESENT EMPLOYEES TO RETAIN POSITIONS.
All persons holding permanent positions in the service of the City on the effective date of this Charter shall retain such position until promoted, transferred, reduced in rank or removed in accordance with the provisions of law. All other employees of the City on the effective date of this Charter shall retain such positions pending action by the Council or the appropriate officer charged by this Charter with powers of appointment and removal. Any provision of law in force at the time this Charter shall take effect, and not inconsistent with the provisions of this Charter in relation to the merit system, personnel, appointment, ranks, grades, tenure of office, promotions, removal, pension and retirement rights, civil rights or any other rights or privileges of employees of the City or any office, department or agency thereof, shall continue in effect, until or unless amended or repealed in accordance with provisions of law.

Section 8-3 CONFLICTS OF INTEREST.

a.   Any elected or appointed City officer or City employee has an interest which is in substantial conflict with the proper discharge of his duties or employment in the public interest or of his responsibilities as prescribed in the laws of the State of Connecticut or of the City of Danbury if he has reason to believe or expect that he, his spouse, a dependent child, or a business with which he is associated will derive a direct or indirect monetary gain or suffer a direct or indirect monetary loss, as the casemay be, from any contract or purchase order for supplies, materials, equipment, or services furnished, to be furnished or to be used by the City or any board, agency, commission, or department thereof.
b.   He does not have an interest which is in substantial conflict with the proper discharge of his duties or employment in the public interest or of his responsibilities as prescribed in the laws Of the State of Connecticut or of the City of Danbury if any benefit or detriment accrues to him, his spouse, a dependent child, or a business with which he, his spouse or such dependent child is associated as a member of a profession, occupation or group to no greater extent than any other member of such profession, occupation or group.
c.   All elected or appointed City officers or City employees are prohibited from accepting or receiving, by rebate, gift or otherwise, directly or indirectly, from any person, firm, corporation, or other entity to which any contract or purchase order may be or has been awarded by the City, any money or anything of value whatsoever, or any promise, obligation, contract, future reward or compensation.
d.   The Common Council, by ordinance, shall prescribe penalties for violation of this section.

Section 8-4 TRANSFER OF RECORDS AND PROPERTY.
All records, property and equipment whatsoever of any commission, board, department or office of [or] part thereof, all the powers and duties of which are assigned to any other commission, board, department or office by this Charter, shall be transferred and delivered intact to the commission, board, department or office to which such powers and duties are so assigned. If part of the powers and duties of any commission, board, department or office or part thereof are by this Charter assigned to another commission, board, department or office, all records, property and equipment relating exclusively thereto shall be transferred and delivered intact to the commission, board, department or office to which such powers and duties are so assigned.

Section 8-5 LEGAL PROCEEDINGS.
No action or proceeding, civil or criminal, pending [on] the effective date of this Charter brought by or against the City or any commission, board, department 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 that functions, powers and duties of any commission, board, department or office thereto may, by or under this Charter, be assigned or transferred to another commission, board, department or office, but in that event the same may be prosecuted or defended by the head of the commission, board, department or office to which such functions, powers and duties have been assigned or transferred by or under this Charter.

Section 8-6 EXISTING LAWS AND ORDINANCES.
All general laws and special acts of the State of Connecticut applicable to the City and all ordinances of the City shall continue in full force and effect, except insofar as they are inconsistent with the provisions of this Charter.

Section 8-7 MUNICIPAL CONTRACTS--PREFERENCE TO CITIZENS.
In the employment of mechanics, laborers and workmen in the construction, remodeling or repairing of any public building or other public works by the City, preference shall be given to citizens of the Danbury labor market area as established by the State Labor Commissioner in accordance with Chapter 557, Part III and Section 7-112 of the Connecticut General Statutes, as amended.

Section 8-8 RETIREMENT OF MUNICIPAL EMPLOYEES.
The existing ordinance providing a system of retirement allowances for the City's regular full-time paid employees shall remain in effect and the Council may, by ordinance, provide in connection with said system for contributions by employees and the City to a fund from which such allowances shall be paid, and said Council may authorize the transfer of the management and investment of the City's pension funds to any fiduciary institution chartered or licensed to operate in the State of Connecticut under theprovisions of the General Statutes, as amended. The City may enter into a contract with any insurance company authorized to do business in this State for the purpose of insuring the whole or any part of its retirement plan, may elect to participate in the Connecticut Municipal Employees' Retirement Fund or elect to participate in the Old-Age and Survivors' Insurance system under Title II of the Social Security Act, in accordance with the provisions of Part II of Chapter 113 of the General Statutes, as amended, or may elect any combination thereof. The Council may by ordinance provide for compulsory retirement at any age to be determined.

Section 8-9 POLICE AND FIREMEN'S PENSION FUNDS.
Until such time as the Common Council shall by ordinance create a police pension fund and firemen's pension fund, the police pension fund and the firemen's pension funds as adopted under the special laws of the State of Connecticut and as amended from time to time are not affected by this Charter except that wherever the word "Comptroller" appears, the word "Director of Finance" shall be substituted. Upon the adoption of an ordinance by the Common Council, the special act will be repealed.

Section 8-10 INTENT.
It is the intent of this Charter to repeal and supersede the existing Charter of the City as of the effective dates of this Charter except for the following sections of said existing Charter, which are amended in part and are included herein as the sections hereafter set forth:

A.   Section 8-5 (Ord. of 9-24-63 §§ VII-22) included as Section 710(a).

Section 8-11 AMENDMENT OF CHARTER.
This Charter may be amended In the manner prescribed by law.

Section 8-12 SAVING CLAUSE.
If any section or part of any section of 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; except 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 a section to which such holding shall directly apply.

Section 8-13 EFFECTIVE DATE.
The provisions of these Charter amendments, additions, and deletions shall take effect thirty (30) days after approval by the electors except for the following provision which shall take effect upon the date specified:

a.   The amendment to Section 2-2A.b.--effective November 5, 1991.

Approved by the Electors of the City of Danbury, Connecticut on November 8, 1977, amended by the Electors of the City of Danbury, Connecticut on November 8, 1988, and as amended by the Electors of the City of Danbury, Connecticut on November 6, 1990.

Attest: Elizabeth Crudginton City Clerk