Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. We, the inhabitants of Nantucket county, in order to provide more perfectly for a regional government known as Nantucket county, to provide for the common welfare and to secure for ourselves and for our community all the rights, powers, privileges, duties and obligations which may now or hereinafter be derived from county government, do hereby establish for ourselves and for our community this instrument to be known as the charter of and for Nantucket county within the commonwealth.

SECTION 1A. Establishment of Charter. The charter of and for Nantucket county shall be, and is hereby declared to be, as set forth in section four; provided, however, that the same shall be adopted by the voters of the town as set forth in section three.

SECTION 2. Grant of Authority. The intent of this act is to confer certain powers upon Nantucket county in addition to those granted by the General Laws applicable to counties generally and, accordingly, the charter and the powers set forth therein are hereby granted to Nantucket county, notwithstanding the provisions of any general or special law to the contrary.

SECTION 3. Ratification by the Voters. On the official ballot, to be used in Nantucket county at the next annual election for town officers at least two months after such enactment, the question shall be placed substantially as follows:

"Shall an act passed by the General Court in the year nineteen hundred and ninety-six entitled 'An Act establishing a charter for Nantucket county' be accepted "

A summary of the charter, which summary is to be prepared and approved by the attorney general shall accompany the ballot question described herein.

If the majority of the votes cast in answer to said question is in the affirmative, the charter set forth herein shall take full effect but not otherwise.

SECTION 4. Text of Charter. The text of the charter of and for Nantucket county shall be as follows: `tuc ARTICLE I County Incorporation and Powers.

Section 1.1 - Incorporation.

Nantucket county shall continue to be a body politic and corporate and a public instrumentality providing regional governmental services within the geographical bounds fixed by law, including the islands of Nantucket, Tuckernuck and Muskeget. The exercise of the powers herein conferred upon the county shall be deemed the performance of an essential governmental function.

Section 1.2 - General Grant of Powers.

It is the intent of this charter to confer on the county all powers permitted under the Constitution of the Commonwealth of Massachusetts and the General Laws and special acts relating to county governments; this charter is intended to be liberally construed so to empower the county.

Section 1.3 - Enumerated Powers.

Without intending to limit the generality of county powers as stated in section 1.2 and notwithstanding the provisions of any general or special law to the contrary, the following enumerated powers are granted to the county government:

(a) to establish, subject to such approvals by the commonwealth as may from time to time be required by the General Laws, the annual operating and capital budgets for the operation and maintenance of the various county offices, departments and functions and for county purposes, including the establishment of grants to the town of Nantucket;

(b) through the adoption, amendment or repeal of ordinances or the provisions of an administrative code, to organize and regulate county internal affairs; to create, alter and abolish county agencies, offices, positions and employments and to provide for the manner of appointment and removal and the salary or other compensation to be paid for such offices, positions and employments. Nothing in this charter shall be deemed to grant the power to effect any alteration, amendment or abolition of (i) the existence of the county of Nantucket as a county; (ii) the offices of the county sheriff, register of probate, clerk of courts or the register of deeds; or (iii) the composition, mode of election or term of office of the legislative body or of the county chair or vice-chair.

(c) notwithstanding any limitation on county purposes as may be contained in chapter thirty-four or chapter thirty-five of the General Laws, to adopt, amend, enforce and repeal resolutions and ordinances, with fines and penalties not to exceed three hundred dollars for a violation thereof, in furtherance of, or not inconsistent with, the bylaws, regulations and resolutions of the town of Nantucket, in order to provide for the general health, welfare and safety of the inhabitants of, and visitors to, the islands; provided, however, that this charter shall not in any way infringe upon or diminish the paramount powers and duties of the town of Nantucket under the General Laws, pursuant to which said town of Nantucket shall retain the right, by exercise of the local police power, to provide for the general health, safety and welfare of its citizens;

(d) to construct, acquire, operate and maintain public improvements, projects or enterprises for any public purpose, notwithstanding any limitation upon county purposes as may be contained in chapter thirty-four or chapter thirty-five of the General Laws, and specifically including roads, bike paths, public works, recreation, open space, sewage collection and disposal facilities, solid waste disposal facilities, law enforcement facilities such as regional lockups and corrections and police stations, and other such purposes, and to exercise the power of eminent domain in furtherance of any such purpose, subject to such procedures as are provided for county governments by the General Laws;

(e) to exercise powers of eminent domain, borrowing and taxation to the extent authorized for county governments by the laws of the commonwealth;

(f) to sue and be sued; to establish, maintain and use the corporate seal of the county; to enter contracts; to buy, sell, lease, hold, encumber, impose easements upon and dispose of real and personal property; and to appropriate and expend funds for county purposes;

(g) to contract with or sign agreements with other governmental entities for the provision of a joint, coordinated or cooperative service or function; and

(h) to apply for, to accept and to obtain federal and state grants, loans and other funds and in-kind grants, as if the county was a district, a city, a town, a region, an authority or a state or a state agency within the meaning of legislation authorizing a contract or grant consistent with the purposes of Nantucket county. `tuc ARTICLE II Legislative Functions.

Section 2.1 - Repository of Legislative Functions.

The legislative powers of the county shall be vested generally in the five members who are to perform the functions of county commissioners, except those specific legislative powers later identified in this charter as being vested in the town meeting of the town of Nantucket.

Section 2.2 - Composition and Compensation.

The five persons who have been elected and are serving as town of Nantucket selectmen shall constitute ex officii the members of the board of county commissioners and shall perform the functions of county commissioners; provided, however, that the five selectmen acting as the county commissioners may fix by ordinance an additional compensation for the county chair that is reasonable and commensurate with the special duties of that office.

Section 2.3 - Organization.

Within thirty days following each annual election of the board of selectmen of the town of Nantucket, the five members acting as the board of county commissioners shall choose one of its duly elected members as county chair and another as county vice-chair to serve until a successor is elected. Neither the county chair nor the county vice-chair shall concurrently serve respectively as chair or vice-chair of the Nantucket board of selectmen. The county vice-chair shall, during any temporary absence or temporary disability of the county chair, serve as acting county chair.

Three of the five members acting as the board of county commissioners shall constitute a quorum.

The county chair shall:

(a) execute, and cause the county clerk to affix the county seal to all contracts, bonds or other instruments requiring the signature and seal of the county and having been duly approved by the five members performing the functions of county commissioners;

(b) preside over all meetings of the five members who perform the functions of county commissioners with the right to vote on all questions, absent conflict of interest, and shall serve as representative of the five members at ceremonial and civic occasions;

(c) serve as an ex officio nonvoting member of all appointed bodies in county government; and

(d) report annually to the people of the county on the work of the previous year.

Section 2.4 - Exercise of five-member Legislative Powers.

The county's Article I powers may be exercised by the adoption, by vote of the five members who act as county commissioners, of ordinances or otherwise by the adoption of resolutions.

Section 2.5 - Legislative Ordinances.

After public advertisement in a newspaper of general circulation within the county at least seven days in advance and after holding a public hearing, the five members who perform the functions of county commissioners may vote to adopt legislative ordinances, having an effective date seven days after enactment, unless prior to such effective date a petition as set forth in section 2.8(d) is filed with the county clerk, and such ordinances shall have permanent force and effect until amended or repealed by the five members, or amended or repealed by town meeting of the town of Nantucket as set forth in section 2.8 for the purposes specified below notwithstanding the provisions of any law to the contrary:

(a) to establish, alter or abolish a county department, office or agency except as prohibited by Article I or Article V;

(b) to provide for a fine or other penalty or to establish a rule or regulation as authorized in Article I, violation of which a fine or other penalty not to exceed three hundred dollars is imposed;

(c) notwithstanding any limitation as may be contained in chapter thirty-four or chapter thirty-five of the General Laws, to appropriate funds for the operation and maintenance of county government and for the furtherance of county purposes and to authorize the transfer of funds between county departments and agencies; or to grant funds to the town of Nantucket; provided, however, that such appropriation, transfer or grant is approved as described in section 2.7 or section 2.8 of Article II; and provided, further, that the amount of the county's assessment upon the town of Nantucket shall be fixed by a Nantucket town meeting pursuant to section 2.8 of Article II; and provided, further, that section twenty A of chapter fifty-nine of the General Laws shall not apply to county assessments applicable to the town of Nantucket;

(d) to grant, renew or extend a franchise, license, lease, permit or other authorization;

(e) to regulate the rate charged for services provided to any other governmental unit or authorize a contract with such unit for services;

(f) to implement the borrowing of money as may be authorized pursuant to section 2.8 of Article II of this charter;

(g) to initiate petitions to the general court for special legislation applicable to Nantucket county, subject to the limitation contained in section 2.8 of this charter;

(h) to acquire property, whether real or personal, including any partial interest therein, by purchase, acceptance of gift or eminent domain and to convey, lease or give by grant any such property, for any purpose permitted by this charter and this act; provided, however, that the procedures for such acquisition or disposition of real property shall comply with the General Laws and the Constitution of the Commonwealth; and

(i) to amend or repeal any ordinance previously adopted.

Section 2.6 - Legislative Resolutions.

The five members acting as the board of county commissioners may act informally at a public meeting without a public hearing to exercise Article I powers by the adoption of resolutions to be immediately effective:

(a) to establish an advisory council or committee on any subject and to conduct an inquiry or investigation;

(b) to elect, appoint and remove county officers and employees to the extent permitted by this charter or otherwise, and to establish general county personnel policies;

(c) to exercise the power of advice and consent to actions of the county administrator and to approve contracts presented by the county administrator;

(d) to adopt rules for the conduct of business and to fix times and places for meetings; to establish all five members as a committee of the whole, and to designate any number of its members as a subcommittee;

(e) to identify emergency situations and to declare emergencies;

(f) to designate newspapers for required advertisements or notices; and

(g) to take any other actions specified as resolutions.

Section 2.7 - Nantucket County Review Committee.

The Nantucket county review committee shall consist of those persons then serving as the finance committee of the town of Nantucket.

It shall be the duty and responsibility of the Nantucket county review committee:

(a) to review every article applicable to county matters presented to an annual or special town meeting of the town of Nantucket in accordance with section 2.8 of this charter and to provide to such town meeting the committee's guidance and recommendations; and

(b) to approve every appropriation and transfer of money.

No appropriation of county funds nor transfer of money nor issuance of a grant pursuant to Article II shall be effective unless and until the same has been approved by the Nantucket county review committee or the denial of approval by the Nantucket county review committee has been overturned as provided in section 2.8(c).

Section 2.8 - Legislative Powers granted to Nantucket Town Meeting.

Notwithstanding any other provision of this charter, the following Article I legislative powers may be exercised exclusively by a town meeting of the town of Nantucket:

(a) to authorize by a two-thirds vote the issuance of county bonds or other county borrowing;

(b) to ratify or confirm by majority vote any petitions to the general court for special legislation applicable to Nantucket county; provided, however, that such petitions may be submitted to the general court in advance of and pending a vote of the next regularly scheduled town meeting, or may be submitted with the proviso that any legislation enacted as a result shall not take effect unless accepted by such town meeting;

(c) to fix by majority vote the amount of the county assessment to be imposed upon the town of Nantucket without regard to any limit contained in section twenty A of chapter fifty-nine of the General Laws; to vote to approve any county appropriation, transfer or grant for which approval has been denied by the Nantucket county review committee pursuant to section 2.7(b); provided, however, that an appropriate article shall have been placed upon the warrant in accordance with the General Laws; and

(d) to vote, by two-thirds vote, to repeal, amend, or veto any county ordinance adopted pursuant to section 2.5; provided, however, that a petition proposing such repeal or veto at the next annual or special town meeting shall have been signed by the number of voters required by the General Laws for inclusion of an article upon the warrant and is presented to the board of selectmen of the town of Nantucket within the time permitted for inclusion in the warrant for such meeting; and, provided further, that if such petition is filed by the proponents thereof with the county clerk prior to the effective date as described in section 2.5, the ordinance shall not take effect, and the same shall be stayed, until after the vote of the town meeting.

Section 2.9 - Appointment Powers.

The five members performing the functions of the county commissioners shall appoint, on such terms and conditions of employment as deemed appropriate, and shall have the power to remove, a county administrator by a majority vote of those present and voting, and may create the office of, appoint and remove, an assistant county administrator by such a majority vote, such assistant to serve as acting county administrator during the temporary absence or disability of the county administrator.

All Article III appointments by the county administrator for which county commissioner confirmation is specified in this charter or in an administrative code which may be adopted hereunder shall not take effect without the advice and consent of the five members who serve as county commissioners. `tuc ARTICLE III Executive Functions.

Section 3.1 - Executive Powers.

The executive powers of the county shall be vested in the county administrator who shall, with the assistance of the various county department heads, be responsible for the enforcement of this charter, the county's legislative actions pursuant to Article II, and any General Laws applicable thereto.

It is the intent of Article II of this charter to confer on the five members who perform the legislative functions of county commissioners broad general legislative and investigative powers as are germane to the exercise of their legislative powers, but at the same time, by virtue of Article III, to retain to the executive branch of county government full control over county administration and of the administration of county services provided for in this charter. Accordingly, this charter seeks to establish clear lines between Article II legislative and Article III executive functions as follows: the five members who perform the legislative functions are to deal with individual Article III county employees only through the executive officials responsible for the overall executive management of the county's affairs as specified in Article III. All routine contact with Article III county employees, all actions and communications concerning the administration of the county's government and provisions of services shall be from the legislative branch to and through the county's executive officials.

Nothing in the foregoing nor in this charter shall be construed to prohibit informal, nondirective conversations of county commissioners with county officials, nor shall they prohibit inquiry by the legislative branch into any act or problem of county administration. Any of the five members who perform the functions of county commissioners may require a report on any aspect of the government of the county at any time by making a request therefor to the county administrator. The five members may, by majority vote, require the county administrator to appear before them sitting as a committee of the whole and to bring before them such records and reports and such officials and employees of the county as the five members shall deem necessary to insure clarification of any legislative matter under study. The five members may further vote to establish any number of its members as an ad hoc committee to consult with the executive branch to study any matter and to report thereon.

Section 3.2 - County Administrator.

Unless the five members who perform the functions of county commissioners vote to appoint another, the county administrator shall be the person then serving as Nantucket town administrator or executive secretary. The person so appointed shall, by education, experience and ability, be qualified to perform the duties established for the position. Such person shall not be required to be a resident of the county at the time of appointment but shall become a resident thereof during the period of service to said county.

The county administrator shall be responsible to the five members who perform the functions of county commissioners, for the efficient administration of the county government and the proper implementation of legislation adopted pursuant to Article II. The county administrator shall have all the powers, rights and duties designated by the five members performing the functions of county commissioners or as commonly associated with the office of chief administrative officer of a local government unit and, in particular, in exercising the county's Article III powers, the county administrator:

(a) may require reports from and may examine the records, accounts and operations of any agency of county government and shall recommend whatever actions or programs necessary or desirable for the county, the welfare of its residents and visitors to the Islands;

(b) shall appoint the heads of all county administrative departments, other than those who are elected, with the advice and consent of the five members who perform the functions of county commissioners, and shall appoint all members of county committees and other county administrative personnel whose appointment is not prescribed elsewhere in this charter; and may, except as may be provided by the General Laws or any applicable civil service regulations, at the administrator's discretion remove, suspend or otherwise discipline any such appointee subject to the provisions of Article IV of this charter; and may, subject to any applicable provisions of the General Laws, delegate to any department head the county administrator's powers of appointment and removal of departmental employees;

(c) shall coordinate, with the director of county finance, the preparation, for submission to the five members performing the functions of county commissioners, of a proposed annual operating budget and a capital budget, and any proposal for budget amendment; and shall establish the schedules and procedures to be followed by all county departments and agencies in connection therewith and shall coordinate, with the director of county finance, all phases of the budgetary process throughout each fiscal year;

(d) may be present at all meetings of the five members who perform the functions of county commissioners and may participate in all deliberations, without the right to vote;

(e) shall insure through the office of the various county department heads adequate supervision, direction and control of all county administrative departments and the care and maintenance of all county properties, institutions and agencies;

(f) shall organize the work of the county departments, subject to this charter, the General Laws and any administrative code adopted by the five members performing the functions of county commissioners, and make any recommendations pertaining thereto;

(g) shall review, analyze and forecast trends of county services and programs of all county departments and other agencies and make reports and recommendations thereon;

(h) shall negotiate contracts for the county with the approval of the five members performing the functions of county commissioners, including any county employment and union contracts;

(i) shall assure that all terms and conditions imposed in favor of the county or its inhabitants in any statute, franchise or contract are faithfully kept and performed;

(j) may order any county agency or department head to undertake tasks for any other county agency, on a temporary basis, if deemed necessary for proper and efficient administration;

(k) shall make recommendations to the five members who perform the functions of county commissioners for actions they might take for the improvement of the county and for the welfare of its residents and visitors to the Islands; and

(l) shall perform any other duties as may be required by this charter, by county ordinance or by majority vote of the five members performing the functions of county commissioners.

Section 3.3 - Executive: Department Heads.

The following administrative positions and offices, all holders of which shall be charged with the implementation of county legislation adopted pursuant to Article II and with the enforcement of the laws of the commonwealth, shall be included in the executive branch:

(a) County Sheriff, Register of Probate, Clerk of Courts & Register of Deeds.

Nothing in this charter shall alter, change or affect the positions of sheriff, register of probate, clerk of courts or register of deeds, who shall continue to remain elected county officials and shall perform their duties in accordance with the General Laws. Such officials shall provide such reports to the five members who perform the functions of county commissioners or the county administrator and shall coordinate through the county administrator with other county departments as necessary or desirable for the county to exercise the powers and perform the duties given by this charter.

(b) Clerk to the Five members performing the functions of County Commissioners.

The clerk to the five members performing the functions of county commissioners shall be the clerk of the superior court for Nantucket county.

(c) Other County Officials.

Nantucket county offices which have counterpart town offices as part of the town of Nantucket shall be deemed to be filled ex officii by the person holding the counterpart town office, including:

(i) the director of county finance who shall be that person duly appointed and serving as director of municipal finance for the town of Nantucket; and

(ii) the county treasurer who shall be that person duly appointed and serving as the town treasurer of the town of Nantucket.

The county clerk created and established in section 3.5 of this charter shall be that person duly elected or appointed and serving as the town clerk of the town of Nantucket. The assistant county clerk shall be that person duly elected or appointed and serving as the assistant town clerk of the town of Nantucket.

County counsel shall be that person duly appointed and serving as town counsel for the town of Nantucket.

Section 3.4 - Executive: Department of County Finance.

The department of county finance shall be headed by the director of county finance. The director may draw upon the personnel and equipment of the office of municipal finance of the town of Nantucket as needed, and shall be responsible for the management of all financial aspects of county government, including:

(a) the preparation of financial statements and reports, including periodic reporting to appropriate agencies on the status of accounts;

(b) the receipt of all funds due to the county or to be held by the county for other agencies;

(c) the management, investment and control of county funds;

(d) the expenditure of all such funds;

(e) the preparation of budgets for all county departments;

(f) the assistance to all other county departments and officials in any matter related to financial affairs;

(g) the supervision of all purchases of goods, materials, supplies and equipment and of contract administration, and to the extent that the director deems necessary, maintenance of inventory controls;

(h) the supervision of all data processing facilities; and

(i) such other matters as may be determined necessary by the five members performing the functions of county commissioners.

Section 3.5 - Executive: County Clerk.

There is hereby established the position and office of county clerk, separate and distinct from the clerk of courts and clerk to the five members performing the function of county commissioners, with the duties set forth in this charter. The county clerk shall have jurisdiction over all county records and, unless otherwise provided by law not to be a public record, shall assure that the same are available to the general public to the same extent as records of the town of Nantucket. The county clerk shall have jurisdiction over and may impress the county seal.

Section 3.6 - Executive: County Personnel Board.

The personnel board of Nantucket county shall consist of those persons then serving as the personnel board of the town of Nantucket in accordance with chapter two hundred and sixty-four of the acts of nineteen hundred and seventy-nine, which board shall be vested with all the rights, powers and duties given the county personnel board under the General Laws; provided, however, that notwithstanding such law or any other law to the contrary, the employees of the sheriff's department shall be served by such statewide sheriff's personnel board as may hereafter be designated by the general court for sheriffs' employees statewide. Until such agency is designated, the five members serving the functions of county commissioners shall act as the sheriff's personnel board for the employees of the county sheriff's department. `tuc ARTICLE IV Personnel: Elections, Appointments and Dismissals.

Section 4.1 - Elections.

The regular elections of those county officers who are elected to their positions shall be held in conjunction with town elections except to the extent state law requires they be held in conjunction with biennial state elections. Nothing in this charter, except as may be provided generally for county governments by the General Laws, shall grant any power to remove or dismiss any elected county official.

Section 4.2 - Dismissal or Removal of Appointed Executive Branch Officials and Employees.

(a) No member who performs the function of county commissioner shall individually or collectively seek to influence the executive branch to dismiss any person from or to appoint or to promote any person to any position in the executive branch of county government, except that the five members may, by a resolution of disapproval adopted by a majority vote of those present and voting, prevent the dismissal or suspension or other discipline of county officials and employees as set forth in paragraph (b).

(b) Nantucket county, by legislative ordinance, may adopt an employee personnel grievance procedure providing for progressive discipline and a hearing on dismissals, suspensions or other discipline. Unless and until so adopted, the procedures set forth as follows shall apply:

(i) suspensions, dismissals or other discipline shall take effect immediately upon personal service of notice setting forth the order of suspension, dismissal or other discipline. However, if within seven days of such service the officer or employee in writing requests a public hearing on his dismissal, suspension, or discipline, the action taken shall be deemed to be a temporary suspension with pay until the individual to be suspended, disciplined or dismissed is given a public hearing before the five members who perform the functions of county commissioners.

(ii) if, within thirty-five days of receiving such written request, the five members shall pass a resolution of disapproval by a majority vote of those present and voting, all proceedings, and any suspension, discipline or dismissal of the individual, shall be voided, and for purposes of pay, seniority and civil service standing, the action shall be deemed never to have transpired. If no resolution of disapproval is passed, the suspension, discipline or dismissal shall take final effect.

Section 4.3 - Indemnification of County Officials.

The county shall indemnify and hold harmless all county officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, to the same extent as municipal officials of the town of Nantucket are indemnified and held harmless by the town of Nantucket pursuant to section thirteen of chapter two hundred and fifty-eight of the General Laws. More particularly, the county shall indemnify and hold harmless all such county officers from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission, except for an intentional violation of the civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment. `tuc ARTICLE V General Provisions.

Section 5.1 - Application of General Laws of the Commonwealth.

The provisions of this charter shall govern notwithstanding any law to the contrary; where not contrary to or inconsistent with the provisions of this charter, Nantucket county shall remain subject to the General Laws.

Section 5.2 - Fiscal Procedures.

Unless otherwise required by the General Laws, the fiscal year of the county shall begin on July first of the prior calendar year and end one year later on June thirtieth.

For each fiscal year the financial statements of the county shall be prepared and shall be annually audited by independent certified public accountants who shall be engaged for that purpose upon recommendation of the county administrator and approved by the five members who perform the functions of county commissioners. Such accountants may, but shall not be required to be the same accountants engaged by the town of Nantucket.

Section 5.3 - Repeal and modification of special laws pertaining to the County.

Chapter seventy-one of the acts of eighteen hundred and thirty-eight and section thirty-three of chapter twenty of the nineteen hundred and two Revised Laws of Massachusetts, shall be repealed and chapter two hundred and sixty-four of the acts of nineteen hundred and seventy-nine shall be modified, to the extent that such act is inconsistent with the provisions of this charter.

Section 5.4 - Transfers of records and property.

All records, property and equipment whatsoever of any agency or part thereof, the powers and duties of which are assigned in whole or in part to another county agency, shall be transferred forthwith to such agency. All public county records under the jurisdiction of the county clerk shall, upon written request, be transferred to and thereafter maintained in the office of the county clerk, which records shall include the original of this charter and any amendments thereto.

Section 5.5 - Specific prevails over general.

To the extent any specific provision of this charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.

Section 5.6 - Amendment of charter.

This charter may be revised or amended in accordance with the procedure set forth in either chapter thirty-four A of the General Laws or chapter three hundred and twenty-eight of the acts of nineteen hundred and ninety-two, and may be amended in accordance with the provisions of this section.

The five members who perform the functions of county commissioners may, by a two-thirds vote, provide for the submission of any proposed amendment of this charter to the voters. Amendments proposed by the five members shall become effective if approved by a majority of the voters voting thereon at the next regular annual town election held more than one hundred and fifty days following the date of the vote of the five members.

Nothing in this section or in section 1.3(b) or in this charter taken as a whole shall be deemed to grant the power to effect any alteration, amendment or abolition of (i) the existence of the county of Nantucket as a county, (ii) the offices of the county sheriff, register of probate, clerk of courts or the county register of deeds, or (iii) the composition, mode of election or terms of office of the legislative body or of the county chair or vice-chair.

Section 5.7 - Time of taking effect.

This charter shall become effective on the first day of January or the first day of July, whichever next follows ratification of this charter by the voters of Nantucket county. All county agencies shall continue to perform their duties until re-appointed or re-elected or until successors to their respective positions are fully appointed or elected or until their duties have been transferred and assumed by another; provisions of this charter which differ materially from the present administrative practices affecting elected county department heads and their employees shall come into effect upon the respective end of the current term of the elected incumbent department head.

Any person holding a county office or employment under the county shall continue to retain such office or such employment and shall continue to perform the duties of the office or of the employment until such time as provisions shall have been made in accordance with this charter for the performance of such duties by another person or agency. No person in the permanent, full time service or employment of the county shall forfeit pay grade or time in service by reason solely of the adoption of this charter. All such persons, unless removed in accordance with this charter, shall be retained in an employment capacity as similar to their former employment capacity as is feasible.

SECTION 5. Chapter seven of the acts of eighteen hundred and thirty-eight is hereby repealed.

SECTION 6. Section thirty-three of chapter twenty of the nineteen hundred and two Revised Laws of Massachusetts is hereby repealed.

SECTION 7. To the extent that any provision of this act is inconsistent with any of the provisions of chapter two hundred and sixty-four of the acts of nineteen hundred and seventy-nine, the provisions of this act shall apply.