Department of Justice Affairs - title
Click Here to go the the Cuyahoga County Home Page.

You are here: Home > The Charter > Article XIII - Transition to Charter Government

Article XIII - Transition to Charter Government

§ 13.01 Offices Abolished

As of the date when any officer elected or appointed pursuant to this Charter assumes an office that succeeds to the powers and duties of a predecessor office, the corresponding predecessor office is abolished, and the duties of those officers shall be assumed by the respective officers as provided herein.

§ 13.02 Initial Election of County Officers

No primary election shall be held in 2010 for any elected office that is abolished pursuant to this Charter. The primary election for the nomination of County officials to be elected at the November 2010 general election shall be held on the first Tuesday after the first Monday in September 2010. That primary election shall be conducted in the manner provided by general law for primary elections for the nomination of county elected officials, provided that filing deadlines and other matters of time relating to a primary election, including those relating to declarations of candidacy for nonpartisan candidates, shall be adjusted as necessary relative to the primary date provided for in this section. The initial terms of the six members elected from Council Districts 1, 3, 5, 7, 9, and 11 shall be for four years, and the initial terms for the members elected from Districts 2, 4, 6, 8, and 10 shall be for two years.

§ 13.03 Officers and Employees

  1. 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 County officers or employees at the time of its adoption.
  2. Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter takes effect a County administrative officer or employee holds any office or position that is or can be abolished by or under this Charter, he or she shall continue in such position until the taking effect of some specific provision under this Charter directing that he or she vacate the office or position.
  3. Human Resource System. An employee holding a County 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 examination as a condition of continuing in the same position, but in all other respects shall be subject to the provision of this Charter and ordinances and regulations enacted pursuant to this Charter relating to the human resource system.

§ 13.04 Departments, Officers and Agencies

  1. Transfer of Powers. If a County department, office or agency is abolished by this Charter, or if a portion of the powers and duties of a department, office or agency is transferred hereby to another department, office or agency, such powers and duties shall be transferred to the County department, office or agency designated in this Charter, or, if this Charter makes no provision therefor, as designated by ordinance.
  2. Property and Records. All property, records and equipment of any department, office or agency in existence when this Charter becomes effective shall be transferred to any department, office or agency that assumes its powers and duties as provided herein, but, in the event that the powers or duties are to be discontinued or divided between such entities or in the event that any conflict arises regarding any such transfer, such property, records or equipment shall be transferred to the department, office or agency designated by the Council in accordance with this Charter.

§ 13.05 Pending Matters

All rights, claims, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to this Charter, and in each case shall be maintained, carried out or dealt with by the County department, office or agency as shall be appropriate under this Charter.

§ 13.06 Laws in Force

All County resolutions, orders and regulations that 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 enacted pursuant hereto. To the extent that general law permits, all laws relating to or affecting the County or its officers, agencies, departments or employees that 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 enacted pursuant hereto.

§ 13.07 Transition Advisory Group

The Board of County Commissioners, not later than March 2010, shall designate three senior administrative officials of the County to act as a Transition Advisory Group, which shall develop recommendations for the orderly and efficient transition to the operation of the County government under the provisions of this Charter and shall work with the newly elected County officials. The Board of County Commissioners shall provide necessary facilities and support for the Transition Advisory Group and shall make provision in the budget of the County for the salaries of the elected officers who are to take office in January 2011 and for such other matters as shall be necessary and practicable to provide for the transition. All County officials and employees shall cooperate with the Transition Advisory Group by providing such information and documents as the Transition Advisory Group shall request in connection with the performance of its duties under this section and shall use their best efforts to assist the newly elected County officials and their designees and representatives in implementing the transition.