Article XII: Succession in Government

Section 12.01 Right of Officers or Employees: Nothing contained in this charter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department, or agency existing at the time when this charter shall take effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights, or any other rights or privileges of officers or employees of the city or any office, department, or agency thereof.

Section 12.02 Continuance of Officers: All persons holding administrative office at the time this charter takes effect shall continue in office and in the performance of their duties until provision shall have been made for the appointment and qualification of their successors in accordance herewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department, or agency of the city by the laws of the state shall, if such office, department, or agency, be abolished by this charter, or under its authority, be thereafter exercised and discharged by the office, department, or agency designated by the city council unless otherwise provided herein.

Section 12.03 Continuation of Property Rights: The public buildings, lands, and property, all rights of property and rights of action, all monies, revenues, and income belonging or appertaining to the City of Vancouver, are hereby declared to be vested in said city and it shall continue to have, hold, and enjoy the same subject to all obligations, debts, liabilities, dues, and duties, of the existing municipality.

Section 12.04 Transfer of Records and Monies: All records, property, and equipment whatsoever of any office, department, or agency, or part thereof, all the powers and duties of which are assigned to any other office, department, or agency by this charter, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency, or part thereof are by this charter assigned to another office, department, or agency, all records, monies, securities, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned.

Section 12.05 Continuity of Offices: Any office, department, or agency provided for in this charter with a name or with powers and duties the same or substantially the same as those of an office, department, or agency heretofore existing shall be deemed to be a continuation of such office, department, or agency. Such office, department, or agency shall continue to exercise its powers and duties which were heretofore exercised, and shall have power to continue any business, proceeding, or other matter within the scope of its regular powers and duties commenced by an office, department, or agency by which such powers and duties were heretofore exercised. Any provision in any law or contract, relating to such a formerly existing office, department, or agency, shall, so far as not inconsistent with the provisions of this charter, apply to such office, department, or agency provided for by this charter.

Section 12.06 Continuance of Contracts and Improvements: All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements in the City of Vancouver which were begun prior to, and remain uncompleted on, the date when this charter becomes effective, shall be completed in accordance with the laws and ordinances existing at the time such improvements were ordered. All special assessments levied and remaining unpaid on the date this charter becomes effective, shall be paid and be collected as provided by the laws and ordinances in effect at the time the same were levied.

Section 12.07 Pending Actions: No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any office, department, or agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any office, department, or agency, or officer party thereto may be or under this charter be assigned or transferred to another office, department, or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department, or agency to which such functions, powers, and duties have been assigned or transferred by, or under this charter. Suits, actions, and proceedings may be brought in the name of the City of Vancouver for the recovery of any property, or for the enforcement of any rights of contracts with said city, whether made or arising or accruing before or after the adoption of this charter.