City of Boston Municipal Code

CHAPTER V ADMINISTRATION

BookmarkCHAPTER V 
ADMINISTRATION

5-1 ADMINISTRATIVE SERVICES DEPARTMENT.

Bookmark5-1   ADMINISTRATIVE SERVICES DEPARTMENT.

5-1.1 Administrative Services Board; Appointment and Term of Members.

Bookmark   5-1.1   Administrative Services Board; Appointment and Term of Members.
   There shall be in the City a Department, known as the Administrative Services Department, which shall be under the charge of a Board, known as the Administrative Services Board, consisting of an officer, known as the Director of Administrative Services, who shall be Chairman of the Board, an officer known as the Deputy Director of Administrative Services for Fiscal Affairs, an officer known as the Supervisor of Budgets, an officer known as the Supervisor of Labor Relations, an officer known as the Supervisor of Personnel, an officer known as the Purchasing Agent, and the Commissioner of Assessing, the City Auditor and the Collector-Treasurer, ex officio. The Director Administrative Services, the Deputy Director of Administrative Services for Fiscal Affairs, the Supervisor of Budgets, the Supervisor of Labor Relations, and the Purchasing Agent shall each be appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected, and shall devote their whole time to the duties of their respective offices. The Supervisor of Personnel shall be appointed by the Mayor, and hold office, subject to the Civil Service laws and rules, and shall devote his whole time to the duties of his office. The Director of Administrative Services shall exclusively have the powers, and perform the duties, of a department head with respect to the appointment, suspension, discharge, compensation and indemnification of subordinates for the Administrative Services Department and the several officers thereof.
(Ord. 1953 c. 8 § 9; Ord. 1956 c. 3 § 2; Ord. 1961 c. 1 § 3; Ord. 1968 c. 2 § 2; Rev. Ord. 1961 (Sup. 1971) c. 4 § 1; Ord. 1974 c. 5 § 2; CBC 1975 Ord. T5 § 1)

5-1.2 Duties of Director.

Bookmark   5-1.2   Duties of Director.
   It shall be the duty of the Administrative Services Board, and more especially of the Director of Administrative Services, to make, under the Mayor, studies and recommendations with respect to the organization, activities, policies and procedures of all Departments, Boards and officers so that the administration thereof shall be economical and efficient. The Administrative Services Board shall divide the Administrative Services Department from time to time into such divisions as said Board shall adjudge necessary for the proper conduct of the Department. The Director of Administrative Services shall, from time to time, as written studies and recommendations are made by him or by the Administrative Services Board, and at such times as the City Council may order, file a copy thereof with the City Clerk for transmission to the City Council, and shall cause to be included in the annual report of said Board, summaries of all such studies and recommendations.
   Unless otherwise provided by law, it shall be the responsibility of the Director of Administrative Services to provide the City Council with access, during regular business hours, to all information contained within all electronic data retrieval system owned or leased by the City through a terminal located in the City Council Chambers.
   The Director of Administrative Services shall also provide the City Council with a listing of all such retrieval systems currently in use and all changes or additions to such systems as they occur, together with appropriate access codes for entry into all such systems.
   Failure by the Director of Administrative Services to comply with the provisions of this ordinance shall be punishable by a fine not to exceed two hundred ($200.00) dollars. Every day during which such noncompliance shall exist shall be considered a separate offense.
(Rev. Ord. 1961 c. 4 § 2; CBC 1975 Ord. T5 § 2; Ord. 1981 c. 2)

5-1.3 Duties of Deputy Director.

Bookmark   5-1.3      Duties of Deputy Director.
   The Deputy Director of Administrative Services for fiscal affairs shall, under the direction of the Mayor, and in consultation with the Director of Administrative Services, review all aspects of the fiscal affairs of the City and make recommendations for continual modernization and improvement in the basic fiscal policies and procedures of the City, including, but not limited to, the means by which the budget can be used to effectuate policy decision. The Deputy Director of Administrative Services shall be the Chief Procurement Officer of the City for the purposes set forth in chapter 30B of the General Laws.
(Ord. 1968 c. 2 § 1; Rev. Ord. 1961 (Sup. 1971) c. 4 § 2A; CBC 1975 Ord. T5 § 3; Ord. 1991 c. 1 § 1)
Cross-reference:
   Ord. Sec. 2-13

5-1.4 Duties of Supervisor of Labor Relations.

Bookmark   5-1.4   Duties of Supervisor of Labor Relations.
   The Supervisor of Labor Relations shall, under the direction of the Mayor, and in consultation with the Director of Administrative Services, review all aspects of the labor relations of the City and make recommendations for their improvement, represent the Mayor in all collective bargaining in which the City is involved, and by himself or through assistants appear in all grievance, arbitration, and court proceedings involving labor relations.
   This ordinance shall be deemed to be made under Section 5 of Chapter 486 of the Acts of 1909, as amended by Section 1 of Chapter 473 of the Acts of 1953, and shall be so construed that no person holding, whether under general or special law or otherwise, an office or position subject to the Civil Service laws and rules shall, by reason of the adoption of this ordinance, be without a similar office or position or be reduced in rank or compensation.
(Rev. Ord. 1961 c. 4; Ord. 1968 c. 2; Ord. 1974 c. 5 §§ 3, 4; CBC 1975 Ord. T5 § 4)

5-1.5 Duties of Supervisor of Budgets.

Bookmark   5-1.5      Duties of Supervisor of Budgets.
   The Supervisor of Budgets shall, under the direction of the Mayor and in consultation with the Director of Administrative Services, prepare in segregated form the annual and all supplementary budgets to be submitted by the Mayor to the City Council, and shall report to the Mayor on all subsequent revisions of the items of any budget. The Supervisor of Budgets shall also prepare, under the direction of the Mayor and in consultation with the Director of Administrative Services, all transfer order to be submitted by the Mayor to the City Council under Section 3B of Chapter 486 of the Acts of 1909. The Supervisor of Budgets shall further prepare, under the direction of the Mayor and in consultation with the Director of Administrative Services, the form of estimate sheets to be used by each Officer, Board and Department, and each Division of a Department, for which the City appropriates money, and the form of monthly report of such Officer, Board and Department, and each division thereof, showing expenditures to date of all appropriations by item. In order to assist in the implementation of the provisions of Section 16 of Chapter 486 of the Acts of 1909, for each agency to which funds are appropriated, it shall be the responsibility of the Supervisor of Budgets to establish and supervise a system of monthly allotments of the funds in each budget item approved by the City Council; and, except in extreme emergency, as provided by said Section 16, no official in charge of any agency shall expend in any month any sum in excess of said budget item allotment except upon recommendation of the Supervisor of Budgets with the approval of the Mayor and City Council. The Supervisor of Budgets shall, in addition, have the powers and perform the duties conferred or imposed on the Budget Commissioner by any statute other than Section 56 of Chapter 35 of the General Laws. There shall be a fine of two hundred ($200.00) dollars for each violation of this ordinance.
(St. 1909 c. 486 § 3B; Ord. 1956 c. 3 § 3; Rev. Ord. 1961 c. 4 § 3; CBC 1975 Ord. T5 § 5; Ord. 1979 c. 27)
Cross-reference:
   G.L. c. 35 § 56

5-1.6 Duties of Supervisor of Personnel.

Bookmark   5-1.6   Duties of Supervisor of Personnel.
   The Supervisor of Personnel shall:
   a.   Establish and maintain personnel records, as complete as practicable, for all persons in the service of the City;
   b.   Make a continuing study of personnel problems, employment conditions and economic changes affecting the several departments of the City;
   c.   Recommend, from time to time to the Mayor and the several officers appointing subordinates, programs designed to provide opportunities for career service within the City and administrative policies tending to improve and coordinate the handling of personnel matters including providing annually to each City of Boston employee a statement of the City of Boston's child care policy for City employees and a complete listing of all licensed child care centers in the City of Boston; and
   d.   Supervise the administration of all compensation plans established for employees of the City and recommend such changes in those plans as from time to time shall seem to him necessary or advisable; and
   e.   Have the powers and perform the duties conferred or imposed on the Budget Commissioner by Section 56 of Chapter 35 of the General Laws. The Supervisor of Personnel shall furnish the Supervisor of Budgets such assistance as said Supervisor shall require in connection with the performance by said Supervisor of his duties under subsection 5-1.5.
(Rev. Ord. 1961 c. 4 § 4; CBC 1975 Ord. T5 § 6; Ord. 1987 c. 16)
Cross-reference:
   G.L. c. 35 § 56.

5-1.7 Personnel Practices in Youth Activities Commission.

Bookmark   5-1.7   Personnel Practices in Youth Activities Commission.
   The Supervisor of Personnel, on or before September 1, 1979, shall establish, subject to approval of the City Council, rules and regulations to govern personnel in the Youth Activities Commission which shall:
   a.   Insure that for all appointments to positions within the Commission, made after June 30, 1979, every reasonable effort shall be made to guarantee any resident of the City, who is qualified for any such position, timely notice that such position is available, reasonable opportunity to apply for such position and equal opportunity with all qualified applicants for appointment.
   b.   Insure that all employees of the Commission have equal opportunity for promotion, pay increases or other job-related benefits based on their training, experience and work performance as such employees.
   c.   Insure that any such employee is given an opportunity to join a collective bargaining unit, if he or she so chooses, without interference from any official or employee of the City.
   In addition, it shall also be the responsibility of said Supervisor, on or before September 1, 1979, to establish and submit to the City Council, job descriptions and qualifications for all positions within the Commission excepting that of Commissioner.
(Ord. 1979 c. 26)

5-1.8 Duties of Purchasing Agent.

Bookmark   5-1.8   Duties of Purchasing Agent.
   The Purchasing Agent shall, when satisfied of the legality of any requisition in writing signed by the officer in charge of a department requiring material or supplies of any kind, at once comply with such requisition and furnish the material or supplies requisitioned, shall require suitable evidence that the material or supplies furnished are accepted by the officer issuing the requisition, and shall keep suitable records of all requisitions received and materials and supplies furnished.
(Rev. Ord. 1961 c. 4 § 5; CBC 1975 Ord. T5 § 7)

5-1.9 Printing Plant; Union Label.

Bookmark   5-1.9   Printing Plant; Union Label.
   The Purchasing Agent shall have charge of the printing plant, shall, when satisfied of the legality of any requisition in writing signed by any officer to whom the City is required by law to furnish printing or binding, supply the printing or binding requisitioned, and shall, wherever practicable, standardize all such printing and binding. All printed matter done for the City shall, so far as it can legally do so, bear the imprint of the union label of the Allied Printing Trades Council of Boston.
(Ord. 1901 c. 1; Rev. Ord. 1961 c 4 § 6; CBC 1975 Ord. T5 § 8)

5-1.10 City Documents.

Bookmark   5-1.10   City Documents.
   The Purchasing Agent shall number and print as City Documents copies of the Mayor's Inaugural or Annual Address, the Department Reports and such other matter as may be ordered to be printed in the form of a City document by the City Council or by the Mayor. The number of copies of each document to be printed shall, unless specified by the City Council, be determined by the Mayor; provided, however, that the minimum shall be one hundred (100), of which fifty (50) copies shall be bound in sets of volumes containing all such City documents with an alphabetical index. All City documents and sets of volumes shall be delivered to the City Messenger and distributed in such manner as the City Council may direct. The fee chargeable for any available printed City documents provided by the City Council to persons other than City Departments shall be:
   a.   Fifty ($.50) cents for documents measuring six inches by nine inches (6” x 9”) or less and numbering fewer than twenty-five (25) pages;
   b.   One ($1.00) dollar for documents measuring six inches by nine inches (6” x 9”) or less and numbering between twenty-five (25) and one hundred (100) pages;
   c.   Two ($2.00) dollars for documents measuring six inches by nine inches (6” x 9”) or less and numbering more than one hundred (100) pages;
   d.   Two dollars and fifty ($2.50) cents for documents eight and one-half inches by eleven inches (8 ½” x 11”) and numbering fewer than one hundred (100) pages;
   e.   Three dollars and fifty ($3.50) cents for documents eight and one-half inches by eleven inches (8 ½” x 11”) and numbering more than one hundred (100) pages;
   f.   Fifteen ($15.00) dollars for a copy of the book entitled “Boston's Streets” and fifteen ($15.00) dollars for a copy of the book entitled “City of Boston, Municipal Register”.
   The fees shall be collected by the Staff Director or the Librarian of the City Council and used to defray the cost of obtaining printed documents.
   Special publications shall from time to time, be printed on the order of the City Council approved by the Mayor to which the provisions of this section, except as to distribution shall not apply.
(Rev. Ord. 1961 c. 4 § 7; CBC 1975 Ord. T5 § 9; Ord. 1978 c. 3; Ord. 1990 c. 11; Ord. 1999 c. 1)

5-2 ART COMMISSION.

Bookmark5-2   ART COMMISSION.

5-2.1 Art Commissioners; Appointment, Term, Compensation, Powers and Duties.

Bookmark   5-2.1   Art Commissioners; Appointment, Term, Compensation, Powers and Duties.
   There shall be within the Office of the Arts and Humanities a Board, known as the Art Commission, consisting of five (5) Commissioners, all of whom shall be residents of the City of Boston, appointed by the Mayor as follows: - one from three (3) candidates nominated by the Boston Society of Architects, one from three (3) candidates nominated by the Copley Society of Boston, one from three (3) candidates nominated by the Museum of Fine Arts, one from (3) candidates nominated by the Trustees of the Public Library of the City of Boston, and the executive director of the Office of the Arts and Humanities ex officio who shall serve without additional compensation. As the term of any Commissioner in office expires, his successor shall be appointed as such Commissioner for a term of five (5) years. Vacancies in the Commission shall be filled for the unexpired term. The members of the Art Commission shall serve without compensation. Any Secretary elected by the Commission outside of its own members shall also serve without compensation.
   The Art Commission shall not be subject to the supervision or control of the Office of the Arts and Humanities or any member thereof; but unless otherwise ordered by the Mayor, the Art Commission shall not communicate with the Mayor except through the Executive Director of the Office of the Arts and Humanities and shall not make any annual or other report except through the Office of the Arts and Humanities.
   The Art Commission shall have the powers and perform the duties conferred or imposed by law on the Board of Art Commissioners in existence immediately prior to the taking effect of Chapter 8 of the Ordinances of 1953.
(St. 1898 c. 410; Sp. St. 1919 c. 87; Ord. 1953 c. 8 § 9; Rev. Ord. 1961 c. 4 § 8; CBC 1975 Ord. T5 §10; Ord. 1986 c. 4 § 2)

5-3 PUBLIC SAFETY COMMISSION.

Bookmark5-3   PUBLIC SAFETY COMMISSION.

5-3.1 Established; Powers and Duties.

Bookmark   5-3.1   Established; Powers and Duties.
   There shall be in the Administrative Services Department, the Board, known as the Public Safety Commission, provided for by Section 1 of Chapter 203 of the Acts of 1959. Said Board shall exercise the powers and perform the duties provided by statute.
(St. 1959 c. 203 § 1; Rev. Ord. 1961 C. 4 § 9; CBC 1975 T5 § 11)

5-4 DEPARTMENT OF FEDERALLY FUNDED AGENCIES.

Bookmark5-4   DEPARTMENT OF FEDERALLY FUNDED AGENCIES.

5-4.1 Federally Funded Agencies Board; Appointment and Terms.

Bookmark   5-4.1    Federally Funded Agencies Board; Appointment and Terms.
   There shall be in the City of Boston a Department known as the Department of Federally Funded Agencies. This Department shall be under the charge of a Board, known as the Board of Federally Funded Agencies, consisting of an officer known as the Commissioner of Federally Funded Agencies, appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected, who shall be the Chairman of the Board and two (2) other officers known as Associate Commissioners of Federally Funded Agencies, each likewise appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected.
(Ord. 1979 c. 21)

5-4.2 Powers and Duties.

Bookmark   5-4.2   Powers and Duties.
   The Commissioner of Federally Funded Agencies shall exclusively have the powers, and perform the duties of a Department head with respect to the appointment, suspension, discharge, compensation and indemnification of subordinates for the Department; but otherwise, all powers and duties shall be exercised by the Board, and the Commissioner as a member of said Board.
   It shall be the duty of the Department to determine what funds are available from the United States of America to assist the City and its people, to obtain and to monitor the expenditure of all such funds, and to administer all agencies within the Department.
   Any agency, purporting to be a City agency, funded to an extent of fifty (50%) percent or more by such funds, existing on July 1, 1978, and continuing to exist on the date on which this ordinance is in force, which was not created and presently existing by previous ordinance, is hereby created and shall be in and subject to the administrative control of this Department.
   The Department of Federally Funded Agencies shall serve as a liaison between the City of Boston and the various Federal agencies providing funds to municipalities, informing said agencies of the City's needs with respect to federal programs and assistance; shall seek out and provide all Boston municipal agencies with Federal funding information of import to said agencies, shall procure, distribute, and monitor the expenditure of Federal funds to insure compliance with Federal law, rules, regulations and all other applicable laws, ordinances, rules and regulations. All officers and employees of the Department shall be subject to the residency and/or voter registration requirements established by ordinance.
(Ord. 1979 c. 21)

5-4.3 Divisions Within Department.

Bookmark   5-4.3   Divisions Within Department.
   There shall be in the Department the following three (3) Divisions:
   a.   A Division of Information, Application and Distribution; a Division of Federal, State and Municipal Compliance; and a Division of Administration. The Division of Administration shall be under the direction, control and supervision of the Commissioner. Each of the other divisions shall be under the direction, control, and supervision of an Associate Commissioner.
   b.   It shall be the duty of said Division of Information, Application and Distribution to serve as liaison between the City of Boston and the various Federal agencies providing funds to the City to inform such Federal agencies of the City's need with respect to existing Federal programs and assistance, to encourage the establishment of new sources of Federal funding to aid the City, to provide Boston municipal agencies with all relevant Federal funding information, to assist said agencies in applying for such funding and to distribute such Federal funds to all City agencies which are funded to any extent by such funds. In the interest of efficiency in the implementation of such information, application and distribution functions, said Division shall maintain a Washington, D.C., office to be under the direction, control and supervision of the Associate Commissioner for the Division of Information, Application and Distribution.
   c.   The Division of Administration shall contain all City agencies which are funded to an extent of fifty (50%) percent or more by such Federal funds. It shall be the duty of said Division to administer such subordinate agencies within said Division and, in performing this function, to coordinate the activities and expenditure of all such subordinate agencies within said Division.
   d.   It shall be the duty of the Division of Federal, State and Municipal Compliance to monitor the expenditure of such funds by municipal agencies. In serving as monitor, said Division shall insure that municipal agencies receiving such Federal funds comply with all State and Federal laws, rules, regulations and funding guidelines and all other applicable laws, ordinances, rules and regulations.
(Ord. 1979 c. 21)

5-4.4 Annual Report.

Bookmark   5-4.4   Annual Report.
   On or before April 15, 1980, and on or before April 15 of each succeeding year, such Department shall report in writing to the Mayor and City Council. Such report shall include, but not be limited to, a report on all funds received by the City from the United States of America for the twelve (12) month period ending on the previous June 30th, how much of such funds were used by the Department as administrative expense, how much of such funds were distributed to each City agency, how much of such funds distributed to each such agency were used by such agency as administrative expense, and if the Department or City agency which is funded in whole or in part by such funds contracts for services, how much of the funds received by the contractor for such services were used for administrative purposes by the contractor, a narrative style account of the activities of the Department during the year covered by the report and the goals and outlook for the Department in the immediately succeeding years.
(Ord. 1979 c. 21)

5-4.5 Appoints to Subordinate Positions.

Bookmark   5-4.5   Appoints to Subordinate Positions.
   a.   If for any reason any appointment to a position within the Department, excepting that of Commissioner or Associate Commissioner, is not made in accordance with the provisions of Chapter 31 of the General Laws, it shall be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the City Council rules and regulations which shall:
      1.   Insure that for all appointments to positions within the Department made after June 30, 1978, every reasonable effort shall be made to guarantee any resident of the City, who is qualified for any such position, timely notice that such position is available, reasonable opportunity to apply for such position and equal opportunity with all qualified applicants for appointment. All positions established and all appointments to positions in agencies within the Department, excepting that of Commissioner and Associate Commissioner, made after June 30, 1978, are hereby abolished and cancelled as of July 1, 1979, and if reestablished and new appointments made, such appointments shall be made in accordance with this paragraph.
      2.   Insure that all employees have equal opportunity for promotion, pay increases or other job-related benefits based on their work performance as such employees.
      3.   Insure that any employee is protected in his or her employment against any inequitable threat of demotion, loss of pay, job termination, or other unfair labor or discriminatory practice.
      4.   Insure that any employee is given an opportunity to join a collective bargaining unit, if he or she so chooses, without interference from any official or employee of the City.
   b.   In addition, it shall also be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the City Council, job descriptions for all positions within the Department which are not filled in accordance with the provision of Chapter 31 of the General Laws.
   c.   The provisions of this section, however, shall not apply to public service employment positions under the Federal Comprehensive Employment and Training Act which have been filled by lottery, or otherwise.
(Ord. 1979 c. 21)

5-5 BOARDS, DEPARTMENTS: OFFICERS, SUBORDINATES AND EMPLOYEES.

Bookmark5-5   BOARDS, DEPARTMENTS: OFFICERS, SUBORDINATES AND EMPLOYEES.

5-5.1 Acceptance of Office.

Bookmark   5-5.1   Acceptance of Office.
   Every officer appointed by the Mayor or elected by the City Council, unless removed from office in accordance with law or unless such person leaves office by voluntary resignation, shall continue to hold office until his successor is appointed or elected and duly qualified. No such officer shall submit a resignation prior to taking office, and shall, at the time of taking office, submit to the City Clerk, for transmittal to the City Council, a written affidavit duly sworn and witnessed by a notary public, certifying that such person has not submitted any such resignation to the appointing official or body. The Mayor, within five (5) days of receipt of any resignation from such officer or within five (5) days after the expiration of any such officer's term, shall communicate such fact in writing to the City Clerk for notification to the City Council at its next Council meeting. Every such officer shall subscribe in a book, to be kept by the City Clerk for that purpose, a statement that he accepts his office subject to the statutes and ordinances; whoever violates any provision of this ordinance shall be punished by a fine not to exceed two hundred ($200.00) dollars each day, or part thereof, during which such violation exists shall be considered a separate offense.
(St. 1885 c. 266 § 4; St. 1980 c. 418; Ord. 1883 c. 10; Rev. Ord. 1961 c. 3 § 1; CBC 1975 T5 § 100; Ord. 1979 c. 42)

5-5.2 Residency and Voting Requirements for Certain Officers.

Bookmark   5-5.2   Residency and Voting Requirements for Certain Officers.
   Each officer appointed by the Mayor or elected by the City Council to a cabinet level or Department Head position, and every person who for a period of more than one hundred eighty (180) days acts in place of such an officer, except those officers appointed by the Mayor under the provisions of subsection 5-5.6 of this chapter, shall be, or within the six (6) months next following the date of his acceptance of office shall become, both a resident and registered voter of the City of Boston and each such officer shall continue to be both a resident and a registered voter of the City of Boston during his term of office. This section shall not apply to those officers serving in positions without compensation except for reimbursement for expenses actually incurred in the performance of official duties, or to persons acting in place of such officers; nor shall this section apply to an officer appointed by the Mayor to the position of Department Head, or interim or acting Department Head, before January 1, 2016, who immediately, prior to such appointment, was a member of a collective bargaining unit and who, under the terms of the collective bargaining agreement, previously lived in the City for ten consecutive years during such employment but at the time of his appointment no longer resided in the City. If any such officer shall during his term of office remove from the City of Boston or cease to be a registered voter therein he shall be deemed to have become disqualified from holding his office as of the date of such removal or such cessation. Each officer affected by this section shall upon his acceptance of office or within the six (6) months next following thereupon, and annually on March first thereafter, in writing and under the penalties of perjury, certify to the City Clerk that he is both a resident and a registered voter of the City of Boston, and accompany such certification with two proofs of residency. A copy of every such certificate shall be transmitted by the City Clerk to the Office of Human Resources and the Boston Residency Compliance Commission within five (5) business days of filing. If, upon the expiration of the six (6) months next following his acceptance of office, and annually after March first thereafter, any such officer shall not have so certified to the City Clerk that he is both a resident and a registered voter of the City of Boston, or shall have so falsely certified, he shall be deemed disqualified from holding his office, and the City Clerk shall forthwith so notify the Mayor, the City Council, the Office of Human Resources and the Collector-Treasurer. Upon receipt of such notification the Collector-Treasurer shall strike from the payroll the name of any such officer and shall cause no further payments of salary or other compensation to be made thereto. A person who falsely certifies as to his residency shall be fined the sum of $300.00 for each such false certification filed. No person deemed disqualified hereunder shall be appointed or elected to any office subject to the provisions of this section for a period of five (5) years next after the date he becomes disqualified. This section shall not apply to any person in office on the date of the adoption of this section; provided, however, that this section shall apply to any such person upon the expiration of his current term of office whether or not his successor shall have been appointed or elected; and provided, further, that this section shall apply to any such person who shall be appointed or elected to another office to which this section applies upon the date of his acceptance of such other office. Those provisions of this section which require that an officer be a registered voter shall not apply to any person who is by law ineligible to vote if such person shall certify to the City Clerk his ineligibility and the reason therefor.
   The Mayor, or his or her designee, may grant, by petition subject to ratification by the Residency Compliance Commission, a waiver of the residency requirement and its related provisions herein if the position to be filled requires a unique set of skills, which, without lifting the residency requirement, would render the position difficult to fill within a reasonable time. The petition to waive the residency requirement must be presented to the Residency Compliance Commission for ratification by a majority of its Commissioners. Such waiver may, at the discretion of the Mayor or his or her designee, be granted for the duration of the appointment or for such other limited duration, not to exceed thirty-six (36) months, after which the officer shall become a resident of the City of Boston and shall not cease to be a resident of the City of Boston.
(Rev. Ord. 1961 c. 3; Ord. 1973 c. 7; Ord. 1974 c. 11; CBC 1975 Ord. T5 § 101; Ord. 2014 c. 5; Ord. 2016 c. 2 § 1)

5-5.3 Residency Requirement.

Bookmark   5-5.3   Residency Requirement.
   Every person first employed by the City of Boston on or after July 1, 1976, shall be a resident of the City of Boston, and shall not cease to be a resident of the City of Boston during his employment by the City. For the purposes of this ordinance, an employee shall be any person receiving monies from the City subject to withholding taxes by the State or Federal Government, except principal employees and officers subject to the provisions of subsection 5-5.2 hereof All persons promoted by the City on or after July 1, 1976, shall be, or within one year of such promotion become, a resident of the City as defined herein. Failure to do so shall be determined to be a voluntary termination of employment.
   The provisions of this section shall not apply to any current sworn member of the command staff of the Boston Police Department or senior management appointee in the Boston Fire Department who immediately prior to such appointment was a member of a collective bargaining unit and who, under the terms of the collective bargaining agreement, previously lived in the City for ten consecutive years during such employment but at the time of his appointment no longer resided in the City. Any sworn member of the command staff of the Boston Police Department appointed after January 1, 2016 shall be, or within the six (6) months next following the date of his acceptance of such appointment shall become, both a resident and registered voter of the City of Boston and each such officer shall continue to be both a resident and a registered voter of the City of Boston during his term of office.
   The Mayor, or his or her designee, may grant, by petition subject to ratification by the Residency Compliance Commission, a waiver of the residency requirement herein if the position to be filled requires a unique set of skills, which, without lifting the residency requirement, would render the position difficult to fill within a reasonable time. The petition to waive the residency requirement must be presented to the Residency Compliance Commission for ratification by a majority of its Commissioners. Such waiver may, at the discretion of the Mayor or his or her designee, be granted for the duration of the employment or for such other limited duration, not to exceed thirty-six (36) months, after which the employee shall become a resident of the City of Boston and shall not cease to be a resident of the City of Boston.
   Upon taking employment with the City, and annually on March first thereafter, every person subject to this section shall file with his or her Department head, or like officer, a certificate, signed under the pains and penalties of perjury, stating his or her name, and place of residence, and accompany such certification with two proofs of residency. A copy of every such certificate shall be transmitted by the Department head or like officer to the Office of Human Resources and the Boston Residency Compliance Commission within five (5) business days of filing. Upon receipt of a certificate indicating a place or residence not within the City of Boston, or if no such certificate is filed, the Department head or like officer shall forthwith strike the name of the employee from the payroll, that person shall cease to be employed by the City, and the Department head or like officer shall give notice of his action to the City Clerk, who shall transmit the same to the City Council, the Mayor, the Office of Human Resources and the Collector-Treasurer. A person who falsely certifies as to his residency shall be fined the sum of $300.00 for each such false certification filed. No person so stricken from a payroll shall be reemployed by the City for a period of five (5) years following the cessation of his or her employment. Every employee shall be furnished a copy of the residency ordinance when hired and annually thereafter, but failure to receive a copy shall not be held to excuse any violation.
   The City's Office of Human Resources shall prepare a report on compliance with the residency requirements herein and submit such report annually to the City Clerk and the City Council.
   Any person, acting on behalf of the City who makes payment of wages to any person stricken from a payroll under the provisions hereof, within one year of the date of striking, and any person accepting such payment, shall be punished by a fine of two ($2.00) dollars for each dollar so paid or accepted.
   To the extent permissible by law, no collective bargaining agreement hereafter entered into by the City of Boston shall contain any provision contrary to the provisions hereof, nor shall the absence of any provision with respect to the residency of any person hired after the date of such contract be deemed to prevent enforcement of this section.
   To the extent permitted by Chapter 31 of the General Laws, every examination held to establish a Civil Service list for employment by the City of Boston shall be restricted to City of Boston residents.
   In the event that this section shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern, and shall not defeat the application of this ordinance with respect to any position not governed by that law.
   The provisions hereof are severable, and the action of any court of competent jurisdiction in declaring any part or portion hereof invalid, shall not act to defeat any remaining part or portion hereof, and any such action declaring this section invalid with respect to any position or person shall not be held to apply to any other person or position.
   In construing this ordinance, residence shall be the actual principal residence of the individual, where he or she normally eats and sleeps and maintains his or her normal personal and household effects. This ordinance shall be deemed to affect both Civil Service and non-Civil Service employees of the City.
(Ord. 1976 c. 9; Ord. 1994 c. 10 §§  1-4; Ord. 1995 c. 7 § 1; Ord. 2016 c. 2 § 2)

5-5.4 Selection Process for Applicant for Provisional or Temporary Positions.

Bookmark   5-5.4   Selection Process for Applicant for Provisional or Temporary Positions.
   a.   No appointment on a provisional or temporary basis made to any position in a City or County agency, Department or Commission or in any agency funded to the extent of fifty (50%) percent or more by funds whose expenditure by law requires approval of the City Council, unless such appointment is made in compliance with one of the three (3) ensuing lettered paragraphs.
      1.   The position is filled by appointment from a duly certified Civil Service list of eligible candidates for the position established under the provisions of Chapter 31 of the General Laws of Massachusetts.
      2.   The position is filled by the Office of Personnel within the Administrative Services Department in the following manner:
         (a)   An advertisement inviting applications of such positions shall be placed on one of the first six (6) pages in at least two (2) daily newspapers of general circulation in the City of Boston thirty (30) days prior to the closing date for accepting such applications, setting forth a period of not less than four (4) weeks during which applications will be accepted, the closing date for acceptance of applications; a job description; the specific educational and prior work experience, including experience in a permanent position within the department agency, if any, actually needed in order to successfully perform the work; the office within City or County government to which applications or inquiries may be made during regular business hours; the proposed salary of such position; and all other information reasonably relevant to prospective applicant, including the number of appointments to be made to that position if more than one.
         (b)   Applicants for such positions in City service shall, at the time of application, reside within the City of Boston, and applicants for such position in County service shall reside within Suffolk County at the time of application.
         (c)   Upon expiration of the application period, the names of all persons meeting such eligibility requirements shall be inscribed on individual pieces of paper which shall be folded twice and placed in suitable container by the Supervisor of Personnel or his designee; at a public place to which all such eligible applicants shall be invited, such supervisor or his designee then publicly shall draw out the pieces of paper individually and announce the names in the order in which they are drawn, and shall thereby establish the priority order in filling such position or positions.
         (d)   The Supervisor of Personnel shall present to the Mayor, the City Council, and the Auditor, within fifteen (15) days after the completion of each such drawing, a copy of the list of the names so drawn for such position or positions containing a statement sworn before a notary public and signed by him or his designee, that the procedures set forth in this paragraph b. were followed in establishing such list.
         (e)   Persons appointed through the eligibility and drawing process to positions on a quarterly or semi-annual basis may have reappointment pending preparation of a qualifying examination for Civil Service tenure in the position, but such employee shall not serve more than a year in total on a provisional basis.
         (f)   If several different positions are to be filled on a provisional basis, the Supervisor of Personnel may cause them to be listed in a single, comprehensive advertisement as long as particulars enumerated above are clearly set forth for each position.
      3.   No such position shall be filled in any such agency except in accordance with this ordinance unless otherwise expressly provided by ordinance.
(Ord. 1977 c 8; Ord. 1979 c. 16 § 1)
   b.   This subsection shall not prohibit the reappointment of any person to the provisional or temporary position held by such person on the effective date of this subsection.  (The effective date of this subsection is May 16, 1979)  (Ord. 1979 c. 16 § 2)

5-5.5 Suspension of Employees; Order of Suspension.

Bookmark   5-5.5   Suspension of Employees; Order of Suspension.
   In the event that employees of the City of Boston are to be laid-off or temporarily suspended from employment, employees who are residents of the City of Boston, as defined in subsection 5-5.3, shall be laid-off or temporarily suspended last and those employees who are not residents of the City of Boston, as defined in subsection 5-5.3, shall be laid-off or temporarily suspended first.
   Any person laid-off or temporarily suspended from employment by the City of Boston as prescribed above may be rehired, provided however, that those persons who are residents of the City of Boston, as defined in subsection 5-5.3, shall have priority with regard to rehire.
   If the provisions of this ordinance are in conflict with a contractual agreement between the employer (City of Boston) and the employee or an organization recognized to represent said employee the provisions of the contractual agreement shall rule. The provisions of this ordinance shall be applicable to Civil Service personnel only to the extent permitted by Chapter 31 of the General Laws.
(Ord. 1984 c. 11)

5-5.6 Bonds of Officers and Subordinates.

Bookmark   5-5.6   Bonds of Officers and Subordinates.
   The Collector-Treasurer, Supervisor of Budgets, and the City Auditor, before, and the City Clerk, within five (5) days after, entering upon the duties of their respective offices and annually thereafter and at such other times as the Mayor shall determine, shall give bond to the City, in the case of the Collector-Treasurer, in the penal sum of five hundred thousand ($500,000.00) dollars, in the case of the City Auditor, and the Supervisor of Budgets, in the penal sum of one hundred thousand ($100,000.00) dollars, and in the case of the City Clerk, in the penal sum of five thousand ($5,000.00) dollars.
   Every bond given under this section shall be upon the condition that the person named therein as principal and all his subordinates shall, while he continues in office, by reappointment, re-election or otherwise, faithfully discharge their duties and trusts, and safely hold and lawfully dispose of and account for all money and other property belonging to the City or County which may come into his possession or that of his subordinates; and that he shall deliver, according to law, to his successor in office or such other person as may be authorized to receive the same all money and other property in his possession or that of his subordinates belonging to the City or County. Every bond given under this section shall be executed by a surety company authorized to transact business in Massachusetts as surety, shall be approved by the Mayor, and shall be filed with the City Auditor except that the bond of the City Auditor shall be filed with the Collector-Treasurer.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 2; CBC 1975 Ord. T5 § 102; Ord. 1979 c. 23)
Cross-reference:
   Ord. ss 6-3.4; CBC 1975 Ord. T6 § 1, 153

5-5.7 Personal Liability of Auditor and/or Collector-Treasurer.

Bookmark   5-5.7   Personal Liability of Auditor and/or Collector-Treasurer.
   In the event City funds are expended, with the approval of the City Auditor and/or Collector-Treasurer, in a manner contrary to the provisions of a City ordinance and such Auditor and/or Collector-Treasurer knows such expenditure to be in contravention of such ordinance, such Auditor and/or Collector-Treasurer shall be held personally liable in his individual capacity for any such City expenditure; and the Corporation Counsel shall bring civil action against the person of such Auditor and/or Collector-Treasurer to recover any funds so expended for the City; in the event the Corporation Counsel fails or refuses to so proceed against such Auditor and/or Collector-Treasurer the City Council may retain special counsel to so proceed.
(Ord. 1979 c. 19)

5-5.8 Bonds Not Required by Statute or Ordinance.

Bookmark   5-5.8   Bonds Not Required by Statute or Ordinance.
   Every person intrusted with the collection, custody or disbursement of public moneys who is not required by statute or other ordinance to give bond shall, if the officer appointing him so requires, give before entering upon the duties of his office or position and annually thereafter and at such other times as such officer shall determine, a bond running to the City or, if such officer is bonded to the City upon the condition set forth in subsection 5-5.6, to such officer, in such penal sum not exceeding twenty thousand ($20,000.00) dollars, with such surety, and upon such condition as such officer shall prescribe. Every bond given under this section running to the City shall be filed with the City Auditor.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 3; CBC 1975 T5 § 103)
Cross-reference:
   Ord. ss 6-1.2

5-5.9 Allowance of Premium as Expense.

Bookmark   5-5.9   Allowance of Premium as Expense.
   The premium for the surety upon any bond given under subsection 5-5.6 or subsection 5-5.8 of this chapter or subsection 6-3.4 shall be allowed and paid as an expense of the Department of which the principal on the bond is an officer or employee.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 4; CBC 1975 T5 § 104)
Cross-reference:
   CBC 1975, ss 6-3.4

5-5.10 Salary Categories for Certain Offices.

Bookmark   5-5.10   Salary Categories for Certain Offices.
   a.   Holders of the following offices shall receive such annual salary as shall be fixed by the Mayor within the limits set out below for the category in which said office is placed. In fixing such salary, the Mayor shall consider the salaries paid equivalent offices by comparable governmental units elsewhere in the United States, the salary necessary to attract or retain competent individuals in the City's service and the recommendation of the Boston Compensation Advisory Board. Such salary shall, except as otherwise provided by statute or ordinance, be in full for all services rendered to the City and County, shall be apportionable in the event of service for only part of the year, and shall be subject to deduction for any and all sums due to the City or County from such office holder:
   Category IA shall include: the Director of Administrative Services, the Police Commissioner, and the Fire Commissioner, who shall receive as salary not less than two hundred thousand ($200,000.00) dollars and not more than two hundred fifty thousand ($250,000.00) dollars.
   Category IB shall include: the Corporation Counsel, and the Collector-Treasurer, who shall receive as salary not less than one hundred fifteen thousand ($115,000.00) dollars and not more than one hundred sixty-five thousand ($165,000.00) dollars.
   Category II shall include: the Commissioner of Assessing, the Commissioner of Public Works, the Commissioner of Inspectional Services, the Commissioner of Parks and Recreation, the Commissioner of Transportation, the City Auditor, the Commissioner of Property Management, and the Director of Management Information Systems, who shall receive as salary not less than one hundred ten thousand ($110,000.00) dollars nor more than one hundred fifty-five thousand ($155,000.00) dollars.
   Category III shall include: the Supervisor of Budget, the Supervisor of Personnel, the Supervisor of Labor Relations, the Purchasing Agent, the City Clerk and the Deputy Director for Fiscal Affairs, who shall receive as salary not less than ninety-five thousand ($95,000.00) dollars nor more than one hundred thirty-five thousand ($135,000.00) dollars.
   Category IVA shall include: the Commissioner of Elderly Affairs, the Commissioner of Veterans’ Services, the Chairman of the Election Commission, the Assistant Commissioner of Property Management, the Associate Commissioner of Assessing, the Deputy Commissioner of Parks and Recreation, and the Chairman and members of the Board of Review, Chairman of the Licensing Board, members of the Licensing Board, and Secretary of the Licensing Board, who shall receive as salary not less than eighty-five thousand ($85,000.00) dollars nor more than one hundred ten thousand ($110,000.00) dollars.
   Persons holding the offices mentioned above shall devote their entire time during ordinary business hours to their respective duties. No person holding such an office or serving in such an office on an acting or temporary basis shall receive compensation in the form of overtime. The Mayor may appoint persons to positions not enumerated in categories herein, provided, however that the Department or Agency into which the person is appointed lawfully exists at the effective date of this section or is duly established by statute hereafter by the Legislature or by ordinance in accordance with law and provided further that the assignment of the position to one (1) of the categories enumerated herein will be made by ordinance, and no position shall be transferred from category to category except by ordinance.
   Category V shall set per diem rates as follows: the Chairman and each member of the Board of Appeal in the Inspectional Services Department shall receive for every day or part thereof of actual service four hundred ($400.00) dollars; but in no event shall the Chairman or any member of said board receive in any one (1) calendar year more than thirty thousand ($30,000.00) dollars in the aggregate for services rendered under the Building Code and the Zoning Law. The Chairman and members of the Board of Examiners in the Inspectional Services Department shall receive for every day or part thereof of actual service two hundred fifty ($250.00) dollars, but in no event more than twenty thousand ($20,000.00) dollars in any one (1) calendar year.
   The Chairman and each member of the Zoning Commission shall receive for every day or part thereof of actual service, two hundred fifty ($250.00) dollars, but in no event shall the Chairman or any member of said Board receive in any one (1) calendar year more than seven thousand five hundred ($7,500.00) dollars.
   The Deputy Assessors shall be compensated as if they held an office allocated to Grade No. R-19 of the compensation plan from time to time in effect for the County; Assistant Assessors lawfully required to devote at least thirty-five (35) hours a week to their work shall be compensated as if they held an office allocated to Grade No. R-15 of said compensation plan.
   b.   Reserved.
   c.   The paragraphs of this subsection shall be severable, and if any one (1) or more paragraphs or portions thereof, shall be held invalid by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any of the remaining sections or portions hereof.
(Rev. Ord. 1961 (Sup. 1971) c. 3 § 5; Ord. 1972 c. 13; Ord. 1973 c. 5; Ord. 1974 c. 5; CBC 1975 Ord. T5 § 105; Ord. 1979 cs. 12, 20, 25; Ord. 1980 c. 11; Ord. 1982 cs. 13, 24, 25, 31; Ord. 1983 cs. 15, 16, 27; Ord. 1984 cs. 23, 24; Ord. 1986 c. 23 §§ 1-3; [105]; Ord. 1987 c. 2 § 4; Ord. 1993 c. 5 §§ 1, 2; Ord. 1994 c. 17 § 1; Ord. 1995 c. 3 § 3; Ord. 1998 c. 2 § I; Ord. 2002 c. 6 § 3; Ord. 2004 c. 2 § 2; Ord. 2006 c. 3 § 3; Ord. 2006 c. 6 § 2; Ord. 2006 c. 7 § 1; Ord. 2014 c. 4)

5-5.10A Boston Compensation Advisory Board.

Bookmark   5-5.10A   Boston Compensation Advisory Board.
   There shall be in the City of Boston a Boston Compensation Advisory Board consisting of five (5) members appointed by the Mayor. The Mayor shall annually designate one (1) member as chairman. Said Board shall study the adequacy of salaries and expenses of the Mayor, members of the City Council, members of the School Committee, members of Boards, Commissions, and Authorities in the City of Boston, City Officers whose compensation is set or subject to approval by the Mayor and City Council and other senior municipal officials not covered by collective bargaining agreements. At least two (2) members of the Board shall have demonstrated experience in the field of personnel management.
   Members shall be appointed to the Board on a staggered basis. When the Board is first established, the member designated by the Mayor as initial Board Chairman shall be appointed for a term of five (5) years. The remaining members shall be appointed to initial terms of four (4) years, three (3) years, two (2) years, and one (1) year, respectively. Thereafter, each member shall be appointed for a term of five (5) years. Each member shall serve until June 30 of the year in which his or her term expires and until the member's successor is appointed and approved. Vacancies in the Board shall be filled by the Mayor for the unexpired term. The Supervisor of Personnel shall serve, ex officio, as a non-voting member of the Board and shall provide secretarial support and clerical assistance, including but not limited to, printing and duplicating services.
   The Board shall meet at least once a year and shall, in each even numbered year, report its recommendation to the Mayor, City Council and School Committee by the first Wednesday in March by filing the same with the City Clerk. Nothing in this section shall prohibit the Board from filing recommendations on any subject within its jurisdiction at any time between the required biennial reporting periods. Notwithstanding any other requirement of this subsection, the Board shall, not later than thirty (30) days after the time when it is first established, study the adequacy of all salaries of City Officers whose compensation is set by ordinance and whose salary is subject to approval of the Mayor and City Council, and, report its conclusions and recommendations to the Mayor, City Council and School Committee within said thirty (30) days. Members of the Board shall be deemed special Municipal Employees. The members of said Board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the performance of their duties.
(Ord. 1986 c. 15 § 1)

5-5.11 Provisions Regarding Holdovers.

Bookmark   5-5.11   Provisions Regarding Holdovers.
   The term “holdover” as used herein shall mean a person appointed by the Mayor pursuant to statute or ordinance, as head of a Department, Board, Agency, Commission, Authority, or Office, or as a member of any such Department, Board, Agency, Commission, Authority, or Office, for a term, the duration of which is fixed, including those who are subject to the provisions of Sections 9 through 14 of Chapter 486 of the Acts of 1909, as amended, and those subject to the provisions of Chapter 473 of the Acts of 1953, as these statutes have been amended and are now in force, who, having served the term, or initial term, provided by such statute or ordinance, is continuing to serve in the office or position to which appointed, during the pleasure of the Mayor, or is continuing to serve in the office or position to which appointed pending reappointment, or pending appointment and qualification of a successor.
   Any person who is a holdover for sixty (60) days or more in compensated position, including those who are compensated on a per diem basis, shall be compensated while a holdover at the rate of one ($1.00) dollar per year, apportioned for length of service and such compensation shall be in full for all services rendered to the City and County, notwithstanding the existence of any ordinance (including without limiting the generality of the foregoing, subsection 5-5.10 and subsection 5-5.13). This section shall not apply to an office or position occupied by a holdover in an office or position which is subject to confirmation by the City Council if the Mayor has transmitted the appointment to the City Council and the Council has failed to act thereon.
(Ord. 1978 c. 2)

5-5.12 County Officers.

Bookmark   5-5.12   County Officers.
   The officers of the County of Suffolk shall be paid the salaries and allowances provided by law. (Rev. Ord. 1961 c. 3 § 6; CBC 1975 Ord. T5 § 106)

5-5.13 Temporary Officers.

Bookmark   5-5.13   Temporary Officers.
   Every officer temporarily holding, or performing the duties of, more than one office shall receive the salary for the highest paid of such offices, provided, however, that any officer permanently holding an office compensated for overtime, who is appointed temporarily to an office established in subsection 5-5.10 shall not during that appointment be eligible to receive overtime in either office.
(Rev. Ord. 1961 c. 3 § 7; CBC 1975 Ord. T5 § 107; Ord. 1980 c. 11)

5-5.14 Vacation and Other Absence.

Bookmark   5-5.14   Vacation and Other Absence.
   Every officer in charge of a Department receiving a salary from the City shall be entitled to a vacation of two (2) weeks, without loss of pay, during each year of service, and the Mayor may grant additional leave of absence, with or without loss of pay, to such officer.
(R.O. 1885 c. 4 § 4; Rev. Ord. 1961 c. 3 § 8; CBC 1975 Ord. T5 § 108)

5-5.15 Boards to Organize First Monday of May.

Bookmark   5-5.15   Boards to Organize First Monday of May.
   Every Board shall, unless otherwise provided, organize on the first Monday in May annually by the choice of one of its members as Chairman, and by the choice of a secretary, who shall be sworn to the faithful discharge of his duties.
(Rev. Ord. 1961 c. 3 § 9; CBC 1975 Ord. T5 § 109)

5-5.16 Office Hours.

Bookmark   5-5.16   Office Hours.
   Except as otherwise ordered by the Mayor under subsection 2-7.10, the Collector-Treasurer shall daily have an office open for the receipt and disbursement of money from 9:00 a.m. until 2:00 p.m. and every other officer in charge of a Department shall daily have an office open for the transaction of public business for not less than eight (8) hours; provided, however, that every public office in the City shall remain closed on all Sundays and legal holidays and may remain closed on all Saturdays, except that the Board of Health and Hospitals shall have an office open for the issuance of burial permits and permits for the removal of dead bodies from 10:00 a.m. until 12:00 noon on every day in the year.
(Ord. 1954 c. 2 § 9; Ord. 1968 c. 14 § 3; Rev. Ord. 1961 (Sup. 1971) c. 3 § 10; CBC 1975 Ord. T5 §10)
Cross-references:
   Ord. ss 2-7.10; Ord. ss 6-3.5

5-5.17 Records of Acts and Doings of Departments.

Bookmark   5-5.17   Records of Acts and Doings of Departments.
   Every officer in charge of a Department shall keep records of the acts and doings of the Department, in books kept specially for the purpose, including a book in which he shall record all contracts, and all changes and alterations made in contracts or specifications, for work and materials furnished for his Department, and shall keep files of its papers, and a book showing the property belonging to or used by the Department, such book to be corrected at the beginning of each financial year. The records of the proceedings of every board shall be made by the secretary upon the day of the meeting, shall state the names of the members present, and shall be read and submitted for approval at the next meeting.
(Rev. Ord. 1961 c. 3 § 11; CBC 1975 Ord. T5 § 111)

5-5.18 Employment, Compensation, and Tenure of Subordinates.

Bookmark   5-5.18   Employment, Compensation, and Tenure of Subordinates.
   Every officer in charge of a Department shall to the best of his ability cause all statutes, ordinances, regulations, and orders relating to the duties of his Department to be observed and enforced, and subject to the Civil Service laws and rules, when applicable, shall employ, fix the compensation of, and may discharge for such cause as he shall deem sufficient and cause to be recorded in the records of his Department, all subordinates in this Department; [provided, however, that none but citizens shall be employed in any capacity except that alien physicians and nurses may be employed in a hospital or other health care institution under the charge of the Board of Health and Hospitals;] and provided, further, that no emergency, provisional, temporary, intermittent, permanent or other appointment, transfer or promotion nor any reinstatement except upon the expiration of a suspension or a valid leave of absence, nor any increase in the compensation, nor any change in the title or rating, of any subordinate shall take effect until approved in writing by the Director of Administrative Services except in cases where the Mayor by a writing orders otherwise. The Director of Administrative Services shall file each day with the Mayor a copy of all approvals given by him on the preceding day under this section.
(Ord. 1953 c. 8 § 5; Ord. 1969 c. 5; Ord. 1972 c. 20 § 2; Rev. Ord. 1961 (Sup. 1971) c. 3 § 12; CBC 1975 Ord. T5 § 112)
Editor's Note:
   The bracketed portion is unconstitutional Sugarman v. Dougall, 413 U.S. 634; 93 S.Ct. 2842 (1973).

5-5.19 Reimbursement of Legal Expenses to City Employees Incurred Within the Scope of Employment.

Bookmark   5-5.19   Reimbursement of Legal Expenses to City Employees Incurred Within the Scope of Employment.
   a.   No City employee shall be represented by the Corporation Counsel nor shall any City agency make any payment for legal services to such City employee, except in matters arising within the scope of the employee's duties as a City employee.
   b.   No City agency shall make any payment for legal services rendered to a City employee by private counsel in connection with any criminal or administrative proceeding or investigation arising from an alleged violation of the law by such employee; provided that if such employee is fully exonerated or such proceedings or investigation is terminated without findings or action against such employee, and the matter arose within the scope of the employee's duties as a City employee, the cost of such legal services may be reimbursed by the City upon approval of the Corporation Counsel.
   c.   This section shall not apply to employees of law enforcement Departments within the City of Boston and/or Suffolk County.
   d.   Any employee who seeks payment from the City for legal expenses incurred in a criminal matter shall post a bond equal to the amount of the payments or shall offer collateral sufficient to secure the amount of the payments made by the City. This is to ensure that the City can recover the amount it has paid for legal services should the employee not be fully exonerated.
(Ord. 1982 c. 34 §§ 1-4)

5-5.20 Paid Parental Leave for City of Boston Employees.

Bookmark   5-5.20   Paid Parental Leave for City of Boston Employees.
   a.   The City of Boston shall implement paid parental leave for all of its exempt female and male employees and all other employees covered by collective bargaining agreements whose agreements explicitly provide for this benefit for the employee, for the purpose of caring for his or her newborn or newly adopted child or children. This leave shall apply equally to parents regardless of gender, as well as to same-sex couples, in the event of a natural birth by any method, adoption, surrogacy, and stillbirths. Employees who have worked for the City of Boston for a minimum of one (1) year are eligible for the full duration of paid parental leave.
   b.   The paid parental leave shall be up to six (6) weeks long, and may be taken by day or week anytime during the first year after the birth or adoption of the child or children. The leave period is fixed regardless of the number of children born or adopted by the employee. During the leave period, the employee shall be paid one hundred (100%) percent of her or his base wages for the first two (2) weeks, secenty- five (75%) percent of his or her base wages for the following two (2) weeks, and fifty (50%) percent of base wages for the remaining two (2) weeks. Employees shall be eligible to use any accrued leave in order to receive compensation up to one hundred (100%) percent of base pay during the weeks reimbursed at the rates of seventy-five (75%) percent  and fifty (50%) percent. This paid leave will occur concurrently with and count towards the following leaves for which the employee may be eligible: the federally mandated twelve (12) weeks of Family and Medical Leave Act (FMLA) leave, eight (8) weeks of Massachusetts Parental Leave Act (MPLA) leave, and up to twelve (12) months of unpaid leave due to childbirth or adoption offered by the City.
   c.   The number of paid parental leave periods employees may take is unlimited over the duration of their employment with the City of Boston, but employees are only eligible for one (1) six (6)-week paid leave per birth or adoption.
   d.   If both parents work for the City of Boston, each is entitled to a six (6)-week leave period as described in Section b. above and they may take their parental leave periods concurrently, subsequently, or in any other combination they wish..
   e.   The Director of Human Resources for the City of Boston shall have full authority to issue policies relative to paid parental leave benefits offered pursuant to this ordinance for any purpose, including, but not limited to, notification requirements for employees requesting leave, employee eligibility, and documentation requirements for births and adoptions.
(Ord. 1984 c. 36; Ord. 2015 c. 3)

5-5.21 To Expend Gifts as Directed.

Bookmark   5-5.21   To Expend Gifts as Directed.
   Every officer in charge of a Department shall expend any contribution, payment, gift, devise or bequest in accordance with the directions attached thereto.
(Rev. Ord. 1961 c. 3 § 13; CBC 1975 Ord. T5 § 113)

5-5.22 Personal Property Not Required by Department.

Bookmark   5-5.22   Personal Property Not Required by Department.
   If the officer in charge of any Department shall at any time have the care, custody and management of any personal property belonging to the City which is not required for the purposes of such Department, he shall by a writing executed in triplicate, one copy of which shall be retained by him, one copy filed with the City Auditor and one copy delivered to the Purchasing Agent transfer the care, custody and management of such personal property to the Purchasing Agent, who, if such personal property is required for the purposes of another department, shall by a writing executed in like manner transfer the care, custody and management thereof to the officer in charge of such department and, if such personal property is not so required and he estimates the value thereof not to exceed five hundred ($500.00) dollars, may, with the written approval of the Mayor lease, sell or otherwise dispose of same at such time, for such price and in such manner as he shall adjudge most advantageous to the City.
(Ord. 1953 c. 8 §  6; Rev. Ord. 1961 c. 3 § 14; CBC 1975 Ord. T5 § 114)

5-5.23 Inspection and Certificate by Weigher.

Bookmark   5-5.23   Inspection and Certificate by Weigher.
   Every officer, except the Commissioner of Public Works, when contracting for, or accepting delivery of, fuel, or stone, gravel, sand, or ballast from a vessel, shall require that it be weighed and inspected by a duly authorized weigher or measurer, and that the bill therefor shall be accompanied by the certificate of such weigher or measurer.
(Ord. 1954 c. 2 § 10; Rev. Ord. 1961 c. 3 § 15; CBC 1975 Ord. T5 § 115)

5-5.24 Printing and Office Supplies.

Bookmark   5-5.24   Printing and Office Supplies.
   The Board in charge of the Library Department may, and the officer in charge of every other Department shall, when material or supplies of any kind, including printing and binding, are required, obtain the same from the Purchasing Agent by requisition in writing on forms furnished by said agent, who shall cause to be included in the annual report of the Administrative Services Board a statement of the cost of all printing, binding and other material and supplies furnished each Department.
(Ord. 1953 c. 8 § 7; Rev. Ord. 1961 c. 3 § 16; CBC 1975 Ord. T5 § 116)

5-5.25 Settlement of Claims.

Bookmark   5-5.25   Settlement of Claims.
   Every officer in charge of a Department shall immediately make a report in writing to the Law Department whenever any transaction, act or negligence of the Department in his charge occurs which results in, or may occasion the bringing of, a claim against the City. All claims against the City or any Department thereof shall be transmitted to the City Clerk for reference to the Corporation Counsel, who, by himself or his assistants, shall make an investigation of the claim, and for this purpose shall be furnished, on request, with all necessary departmental books, papers or records, and may require any official or employee of a department who may have information concerning such claims to attend any hearing thereon. The Corporation Counsel shall have authority to settle any such claim, subject to the approval of the Mayor. However, no such settlement shall be made for an amount exceeding five hundred ($500.00) dollars.
   Nothing herein contained shall affect the provisions of these ordinances respecting the settlement of claims upon which suits have been entered.
(Ord. 1866 c. 2; Ord. 1914 c. 5; Rev. Ord. 1961 c. 3 § 17; CBC 1975 Ord. T5 § 117; Ord. 1980 c. 1)
Cross-references:
   Ord. ss 5-8.1; Ord. ss 6-1.6

5-5.26 Fees, Etc., Received for Services.

Bookmark   5-5.26   Fees, Etc., Received for Services.
   Every officer or employee receiving a salary from the City, who receives for his services as such officer or employee any other salary, or any fees, charges, or commission, shall pay such other salary, fees, charges, and commissions into the City Treasury, as the property of the City, provided, however, that this provision shall not apply to the fees received by the City Clerk under Chapter 131 of the General Laws or Acts in amendment or addition thereto; and any officer or employee through whom, or for whose supplies, sales, or services as such officer or employee, or for any notes, securities, leases, or other agreements in his custody, payments are due or to be made to the City, or to him for the City, shall keep suitable books and accounts of all such dues and payments, and shall, unless otherwise specially provided by law, on or before the fifth day of every month send to the Auditor a statement of the total amount of such payments made to him, or which have become due since the date of the last statements or which will become due within a month from said day, and deliver to the Collector-Treasurer all such money paid to him, and bills of such dues and, unless authorized to the contrary by the Collector-Treasurer, shall furnish therewith, in suitable books with proper details, alphabetical lists by wards of such moneys and bills, with the columns and figures added and carried forward continuously to the end of the lists.
(R.O. 1885 c. 15 § 7; Ord. 1954 c. 2 § 11; Rev. Ord. 1961 c. 3 § 18; CBC 1975 T5 § 118)
Cross-references:
   Ord. ss 2-8.1; Ord. ss 6-3.1; G.L. c. 131

5-5.27 Bills and Demands Sent to Auditor.

Bookmark   5-5.27   Bills and Demands Sent to Auditor.
   Every person selling any goods to, doing any work for, or rendering any services to, the City of Boston or the County of Suffolk, shall submit his bill or demand for the same to the City Auditor in such form as said Auditor may require. The Board or Officer contracting for such work, goods or services shall certify to the City Auditor, at such time and in such form as said Auditor may require, that such work has been done, goods delivered, or services rendered, as the case may be, and that payment therefor, in a specified amount, should be made. This section shall not apply to the payment of the salary or wages of any officer or employee.
   Effective July 1, 1980, every bill rendered by vendors or contractors to the City of Boston or County of Suffolk for payment for goods, services, provisions or other articles supplied in quantity shall clearly itemize the number and unit cost on the statement submitted for payment and shall separately itemize additional charges, gratuities, taxes, etc., which are properly to be included in the total sum requested. If such sum is to be reduced by discount or other allowances, these shall clearly be listed and applied as adjustment.
   This ordinance shall apply to all services, goods and provisions, including those supplied by food catering services, and obtained through purchase orders, service orders or payments against contractual reserves in any budget of City agencies and agencies funded wholly or in part by Federal funds or State funds.
(Ord. 1949 c. 9 § 1; Rev. Ord. 1961 c. 3 § 19; CBC 1975 Ord. T5 § 119; Ord. 1980 c. 10)
Cross-reference:
   Ord. ss 6-1.3; ss 6-1.4

5-5.28 Certification by City Auditor.

Bookmark   5-5.28   Certification by City Auditor.
   No officer in charge of a Department shall incur any obligation payable from the treasury of the City unless the City Auditor shall have certified on the document intended to evidence such obligation that an appropriation in the amount of such obligation is available therefor, and no contract, purchase order, or service order shall be deemed to have been made until the City Auditor shall have so certified.
(Rev. Ord. 1961 c. 3; Ord. 1972 c. 11 § 1; CBC 1975 Ord. T5 § 120)
Cross-reference:
   Ord. ss 6-1.1; ss 6-3.5

5-5.29 Pay Rolls.

Bookmark   5-5.29   Pay Rolls.
   The pay rolls of all Departments, Divisions, Offices and Bureaus of the City of Boston and County of Suffolk shall be prepared on forms furnished by the Auditing Department and shall be certified, approved, audited and paid in conformity with the system and procedure established from time to time by the City Auditor.
(Ord. 1945 c 12; Rev. Ord. 1961 c. 3 § 20; CBC 1975 Ord. T5 § 121)
Cross-reference:
   Ord. ss 6-1.3

5-5.30 Conditions in License of Permits.

Bookmark   5-5.30   Conditions in License of Permits.
   Every officer in charge of a Department issuing a license or permit shall insert therein a condition that the person accepting the same shall conform to the statutes and ordinances and the specifications in the license or permit; that such person, corporation or business entity has signed an affidavit informing the department issuing the permit or license of any and all Occupational Safety and Health Administration violations, currently outstanding or resolved; that the license or permit may be revoked at any time by the authority issuing it; that the violation of any of its specifications shall work an immediate revocation of the license or permit; and that such person shall indemnify and save harmless the City from any damage it may sustain, or be required to pay, by reason of the doing of the work licensed or permitted, or by reason of any act or neglect of himself or of any of his employees relating to such work, or by reason of any violation of any specifications; provided that nothing herein contained shall be construed to prevent the insertion of any other specifications deemed advisable by the authority issuing such license or permit.
(R.O. 1890 c. 3 § 21; Rev. Ord. 1961 c. 3 § 21; CBC 1975 Ord. T5 § 122; Ord. 2016 c. 18 § 3)
Cross-reference:
   Ord. ss 11-6.11; Ord. Chapters XIV , XVI , XVII , XVIII of the City of Boston Code Ordinances.

5-5.31 Subordinate Acting Temporarily for Officer.

Bookmark   5-5.31   Subordinate Acting Temporarily for Officer.
   Any officer may, with the approval of the Mayor, by a writing deposited with the City Auditor, or in the case of the City Auditor with the Collector-Treasurer, designate a subordinate, who shall, for such time, not exceeding one (1) year from the date of such designation, as shall be specified in the writing, be authorized to perform the duties required of such officer, and for the acts of such subordinate such officer shall be responsible. Such designation may be in the form of a signature card or such other form as the City Auditor shall from time to time determine.
(Ord. 1953 c. 8 § 8; Ord. 1954 c. 2 § 11; Rev. Ord. 1961 c. 3 § 22; CBC 1975 Ord. T5 § 123; Ord. 1995 c. 4 §§ 1, 2)
Cross-reference:
   Ord. ss 6-1.1; ss 6-3.4

5-5.32 Mandatory Referral of Capital Improvements.

Bookmark   5-5.32   Mandatory Referral of Capital Improvements.
   Every Board and Officer of the City and of the County of Suffolk having power to incur, in carrying on the work of the Department, Office or undertaking entrusted to it or him, obligations payable from the Treasury of the City, shall submit to the Boston Redevelopment Authority on or before October first in each year a list of all capital improvements proposed to be made in carrying on the work of such Department, Office or undertaking in the six (6) succeeding years; and no such Board or Officer shall request the Mayor to originate any appropriation or loan order for any capital improvements unless within the preceding six (6) months such Board or Officer has referred such capital improvement to the Boston Development Authority and requested said authority to report specifically upon such capital improvement and accompanies the request to the Mayor with the report of said Authority thereon or certifies that said Authority was duly requested to report specifically on such capital improvement but has allowed two (2) months to elapse without making such report. As used in this section, the term “capital improvement” shall be construed to mean an acquisition, improvement, construction or installation for which the City is authorized to incur debt for a period of ten (10) years or more.
(St. 1960 c. 652 § 12; Ord. 1952 c. 4; Rev. Ord. 1961 c. 3 § 23; CBC 1975 Ord. T5 § 124)

5-5.33 Estimates of Appropriations and Income.

Bookmark   5-5.33   Estimates of Appropriations and Income.
   Every officer in charge of a Department shall annually, on or before the first day of November, send to the Mayor an estimate in detail of the appropriations required for such Department for the next financial year, and an estimate of the income of such Department during said year.
   Department and Agency heads and employees of the Budget Division of the Administrative Services Department, when testifying before the City Council or a Committee thereof concerning an appropriate order pending before the Council in accordance with CBC St. T. 6, S 251, or a loan order or an order approving the expenditure of funds received from the State or Federal governments, shall do so under oath and subject to the penalties of perjury in accordance with the procedure set forth in Massachusetts General Laws, Chapter 233, Section 8, and such testimony shall be recorded by a stenographer, excepting when the Council or a Committee to which the examination of any Department or Agency budget is assigned by express vote authorizes the dispensation of said requirement for sworn testimony and stenographic record.
(Rev. Ord. 1961 c. 3 § 25; CBC 1975 Ord. T5 § 125; Ord. 1980 c. 15)
Cross-reference:
   Ord. ss 6-1.8

5-5.34 Annual Reports of Departments.

Bookmark   5-5.34   Annual Reports of Departments.
   Every officer in charge of a Department shall within thirty (30) days after the close of the financial year transmit to the Mayor a report containing a statement of the acts and doings, and receipts and expenditures, of the Department for such financial year, together with such other matters as may be required by law, or as the Mayor or officer may deem to be of public interest. Every Board within a Department not subject to the supervision or control of the officer in charge of the Department shall make an annual report containing a statement of its acts and doings and such other matters as may be required by law or as it or the Mayor may deem to be of public interest, which report shall be annexed by the officer in charge of the Department as an appendix to his annual report.
(Ord. 1954 c. 2 § 12; Rev. Ord. 1961 c. 3 § 25; CBC 1975 Ord. T5 § 126)
Cross-reference:
   Ord. ss 6-1.8; Ord. ss 11-1.1; Ord. ss 12-3.2; Printing of Reports, 5-1.10

5-5.35 Notice of Illness of Inmates of Public Institutions.

Bookmark   5-5.35   Notice of Illness of Inmates of Public Institutions.
   Every Officer or Board in charge of a public institution shall, in case of serious illness of any inmate of such institution, notify or cause to be notified, promptly, the nearest relatives or friends of such inmate.
(Ord. 1900 c. 3; Rev. Ord. 1961 c. 3 § 27; CBC 1975 Ord. T5 § 127)
Cross-reference:
   Ord. ss 12-8.3

5-5.36 Equal Opportunity Policy.

Bookmark   5-5.36   Equal Opportunity Policy.
   No Officer of the City shall deny to any person access to opportunity, including without limitation employment, educational, and recreational opportunity, solely by reason of sex or gender identity or expression. It shall be the policy of the City to afford to every person equal access to opportunity, including without limitation employment, educational and recreational opportunity.
(Ord. 1974 c. 4; CBC 1975 Ord. T5 § 128; Ord. 2002 c.9)

5-5.37 Public Access to Computerized Information.

Bookmark   5-5.37   Public Access to Computerized Information.
   Notwithstanding any ordinance to the contrary, all information gathered for or stored in computerized, data processing, “mini computers”, punch card data banks, or any other retrieval systems operated, leased or owned by any City agency shall be considered as public records under the law. This ordinance shall apply to operations in Little City Halls and every City Agency financed in part or whole with Federal funds.
   This ordinance shall apply to information in the aforesaid systems relating to City agencies, whether stored centrally, in a network informational system, or a data bank located any distance outside Boston. Upon the written request of any citizen, City agency, or news media representative, information shall be produced within a reasonable time for inspection and a record copy issued at cost. Nothing herein shall be construed to create a right in other than the City agency owning or operating said data bank to request information through other than an existing City-owned or leased computer program or to reprogram said computer system.
   This ordinance shall not apply to any data or information exempt from disclosure by State or Federal law or rule of court and is subject to the provisions of G.L. Chapter 66A or any similar Federal Law.
(Ord. 1979 c. 9)

5-5.38 Public Information Officer; Prohibition of.

Bookmark   5-5.38   Public Information Officer; Prohibition of.
   On or after July 1, 1980, no person shall be paid from City of Boston funds, no matter the source, for public relations or public information purposes, unless the person receiving such payment is employed by the City in accordance with Chapter 31 of the General Laws as a public information officer, or as an employee under the supervision of such an officer; nor shall any person be employed as a public information officer unless a specific appropriation has first been made for such position by order of the City Council. Public information officers so employed shall receive an annual salary of not less than fifteen thousand ($15,000.00) dollars nor more than twenty thousand ($20,000.00) dollars.
(Ord. 1980 c. 4)

5-5.39 Comparable Worth Commission.

Bookmark   5-5.39   Comparable Worth Commission.
   a.   There shall be hereby established in the City of Boston “The Comparable Worth Commission”, herein after referred to as the “CWC”.
   b.   Definitions. The following terms shall have the meaning as prescribed herein, unless the context of this subsection demands otherwise.
   Comparable Worth Commission or CWC shall mean the Commission of the City of Boston created by this subsection.
   Comparable Worth shall mean the equalization of the salary levels of employment for males, females, and minorities in similar or comparable job positions in the employ of the City of Boston, its Departments, Agencies, Boards, Commissions and/or Offices.
   Personnel Department of the City of Boston shall mean that Department within the structure of the City that deals with matters of employment, its successors or assigns.
   Reclassification and Pay Equity Study shall mean the study conducted by a private consultant hired by the office of Personnel Management to examine and reclassify the City's job positions.
   c.   The CWC shall consist of fifteen (15) members, appointed by the Mayor, to serve staggered terms of one (1) and two (2) years. The members of the CWC shall be as follows:
      1.   Six (6) persons who are representatives of municipal labor unions and women's advocacy organizations. Due consideration shall be given to appoint individuals who have a record of involvement with issues related to comparable worth.
      2.   Two (2) persons who are employed in the private sector.
      3.   The Supervisor of the City of Boston Office of Labor Relations, to serve ex officio.
      4.   The Mayor's Advisor on Women's Issues, to serve ex officio.
      5.   The Director of the City of Boston Office of Personnel Management, to serve ex officio.
      6.   The Director of the City of Boston Affirmative Action office, to serve ex officio.
      7.   The Director of the City of Boston Office of Budget and Program Evaluation, to serve ex officio.
      8.   The Equal Rights Advisory to the Mayor, to serve ex officio.
      9.   A member of the City Council designated by the President of the City Council.
   Members of the CWC shall serve without compensation and shall be designated special municipal employees for the purposes of Chapter 268A of the General Laws.
   d.   The CWC shall provide advice on issues related to comparable worth to the Office of Personnel Management during the conduct of the reclassification and pay equity study. During the course of the study, the Office of Personnel Management shall consult with the CWC, or a subcommittee thereof, at CWC's request upon reasonable notice, and shall provide access to information related to comparable worth issues, also at CWC's request upon reasonable notice, prior to the Office of Personnel Management's making decisions on comparable worth issues. The Supervisor of the Office of Labor Relations, the Commissioner of the Women's Commission and, where appropriate, other Administration Officials, shall provide CWC with assistance at CWC's request upon reasonable notice. The CWC shall meet at least monthly at the call of the Chair. Notwithstanding any other provision herein to the contrary, powers with respect to the executive and administrative business of the City remain with the Mayor, and he does not hereby delegate those powers to any person or entity.
   This ordinance shall take effect upon its passage.
(Ord. 1987 c. 1, §§ 1-5; Ord. 1988 c. 12, §§ 1-5)

5-5.40 Notification of Employees Regarding Municipal Ethics Laws.

Bookmark   5-5.40   Notification of Employees Regarding Municipal Ethics Laws.
   Upon taking employment, a promotion, and when leaving employment, every employee of the City of Boston shall be furnished a copy of the handbook, Introduction To The Conflict Of Interest Law for City Of Boston Employees, by the Human Resources Department, outlining the pertinent municipal ethics requirements under c. 268A of the Massachusetts General Laws. A Department Head shall explain relevant sections to an employee and provide a certificate stating that an employee has received and read this handbook. Thereafter, a copy of each certificate shall be transmitted by the Department Head to the City of Boston Human Resources Department within five (5) business days, and in the case of the City Council or the City Clerk's Office, to the staff director of the Boston City Council.
(Ord. 1997 c. 7)

5-5.41 Reporting Requirements to the City of Boston Retirement Board.

Bookmark   5-5.41   Reporting Requirements to the City of Boston Retirement Board.
   a. The City of Boston's Office of Human Resources, Workers' Compensation division, and every officer in charge of a City of Boston Public Safety Department shall provide a copy of a notice of injury to the Boston Retirement Board within six (6) months of receipt of notice of any injury alleged to have arisen out of and in the course of employment that incapacitates an employee from earning full wages for a period of five (5) or more calendar days.
   b.   Every officer in charge of a City of Boston Department shall file the statements required by 840 CMR 10.07 with the Boston Retirement Board within ten (10) business days, not including legal holidays, of the date that the department head receives it.
   c.   Every officer in charge of a City of Boston Department shall annually, and upon appointment, attend an approved educational training seminar on disability retirement, as established and/or designated by the Boston Retirement Board.
   d.   The provisions of these sections shall be effective thirty (30) days after passage.
(Ord. 2008 c. 17)

5-5.42 Gender Identity Nondiscrimination in Health Care Coverage for City of Boston Employees.

Bookmark   5-5.42   Gender Identity Nondiscrimination in Health Care Coverage for City of Boston Employees.
   The City of Boston, to the extent permissible by federal and state law after this ordinance is in force, shall not contract with any health insurance company that refuses to insure any person or that discriminates in the amount of premium, policy fees, or rates charged for any policy or contract of insurance, or in the benefits payable thereunder, or in any of the terms or conditions of such contract, because of gender identity or expression.
(Ord. 2014 c. 6)

5-6 PENSIONS, RETIREMENT ALLOWANCES AND ANNUITIES.

Bookmark5-6   PENSIONS, RETIREMENT ALLOWANCES AND ANNUITIES.

5-6.1 Pension Reserve Fund.

Bookmark   5-6.1      Pension Reserve Fund.
   In order to provide reserves that may be used to offset the anticipated future costs of funding the contributory retirement systems of the City of Boston, the City Council by majority vote, upon the request of the Mayor, may appropriate in any fiscal year an amount or amounts in the aggregate in any one year not exceeding five (5%) percent of the real and personal property tax levy of the next preceding fiscal year. All amounts so appropriated shall be credited to the Pension Reserve Fund established hereby (the “fund”) of the system provided for in Section 22 of the pension act. Notwithstanding the foregoing, the aggregate amount of deposit in such fund at any time shall not exceed ten (10%) percent of the equalized valuation of the City, as defined in Section 1 of Chapter 44 of the General Laws, as last determined in accordance with law.
(Ord. 1984 c. 1)

5-6.2 Allocation of the Fund.

Bookmark   5-6.2      Allocation of the Fund.
   Except as hereinafter provided, amounts appropriated to the fund shall be applied as provided herein, in the pension act and in the funding act, to meet expected future pension costs payable with respect to all employees of the City. The City Council with the approval of the Mayor may designate by order all or any portion of the amount appropriated to meet expected future pension costs payable with respect to employees of particular Departments, Commissions, Agencies, Boards, or distinctive parts or units thereof (hereinafter, collectively, “Departments” or “Department”) of the City; provided that no amount so specifically designated for a particular Department in any year shall exceed the amount reasonably expected to be received in that year on account of fees, charges, payments-in-aid or other departmental revenues relating to the activities of or services provided by that Department, nor shall the amount so specifically designated for any year for any particular department exceed the sum of the amounts (determined in accordance with recognized actuarial methods) which are (a) normal pension costs on an accrual basis for that year for the employees of that Department, including, if so provided in the order, an allocation relating to such employees of other Departments as provide overhead, support or ancillary service to the Department, in proportion such other Department provides service to the Department who are members of the system and (b) the annual amount required to amortize in not less than twenty (20) years the unfunded past service liability attributable to such employees of that Department, or such other Departments.
(Ord. 1984 c. 1)

5-6.3 Use and Maintenance of the Fund.

Bookmark   5-6.3   Use and Maintenance of the Fund.
   As provided in the funding act, all sums appropriated to the fund shall be appropriated and used only for the purpose of offsetting the anticipated future cost of funding the contributory retirement systems of the City. Separate subaccounts shall be maintained in the fund for each Department for which appropriations have been specially designated and the Collector-Treasurer shall maintain all monies so specially designated in the sub-account established therefor. The Collector-Treasurer shall maintain all other monies appropriated hereunder in a general account within the fund.
(Ord. 1984 c. 1)

5-6.4 Custody of the Fund.

Bookmark   5-6.4   Custody of the Fund.
   The Collector-Treasurer may enter into one or more custodial arrangements for safekeeping and investment, in whole or in part, of the fund with one or more banks or trust companies the principal offices of which are located in the City. Amounts in the fund shall be deposited and invested, at the direction of the Collector-Treasurer, as provided in the pension act and the funding act. Interest and other investment earnings on any amounts appropriated to the fund shall be credited to the account or sub-account within the fund on which they are earned.
(Ord. 1984 c. 1)

5-6.5 Appropriation of Fund Monies.

Bookmark   5-6.5   Appropriation of Fund Monies.
   Amounts appropriated to the fund in accordance with this ordinance, and interest and other income thereon, may be applied in any fiscal year, upon appropriation, to offset amounts certified by the Board of the system under the pension act, or any successor provision of law, as necessary to be paid for such fiscal year to the funds of the system; provided that no such appropriation from the fund or any account therein shall exceed the amount, certified by the Collector-Treasurer upon the advice of the City Auditor, of the pension liability for which the amount to be so appropriated was reserved.
(Ord. 1984 c. 1)

5-6.6 Fund Not to Vest, Etc.

Bookmark   5-6.6   Fund Not to Vest, Etc.
   This ordinance is not intended to, and shall not, create rights or entitlements of any kind in the establishment or funding of the fund, in amounts appropriated thereto or held therein in accordance with this ordinance, or in the disbursement or disposition of any such amounts, in favor of any member of the system or any other employee of the City. If the limitation on this ordinance stated in this section shall be ineffective as a result of any existing or future provision of law or any final judicial or administrative determination, this ordinance shall be void and all amounts theretofor appropriated to and then held in the fund in accordance with this ordinance, and all interest and other income thereon, shall be transferred without further appropriation to the general fund of the City.
(Ord. 1984 c. 1)

5-6.7 Construction.

Bookmark   5-6.7   Construction.
   This ordinance shall be liberally construed to further the purposes of the funding act and shall be deemed and construed to be supplemental and additional to, and not in derogation of, all powers conferred on the City by law.
(Ord. 1984 c. 1)

5-6.8 Custodial Accounts, Deposits.

Bookmark   5-6.8   Custodial Accounts, Deposits.
   In accordance with this ordinance, a separate subaccount shall be established and maintained in the fund into which shall be deposited and segregated all amounts on deposit on the effective date of this ordinance. All such amounts so deposited, and interest earnings thereon, are hereby designated in accordance with this ordinance to meet expected future pension costs payable with respect to employees of the department of health and hospitals. All actions of the collector-treasurer and the commissioner of health and hospitals heretofore taken in establishing such custodianship account, and the deposit therein during the fiscal year ended June 30, 1981, on account of pension costs of said department in the prior fiscal year of cash and securities in the amount of $9,737,000 and the deposit therein during the fiscal year ended June 30, 1982, on account of pension costs of said department in the prior fiscal year of $2,500,000, and the accumulation in said account of the interest earnings on such amounts, is hereby ratified and confirmed, and all such amounts shall be deemed, and are, transferred and appropriated as of their respective dates of deposit for the purposes of the fund and the sub-account therein designated for the department of health and hospitals. The collector-treasurer and the commissioner of health and hospitals are hereby authorized and directed to do all things and execute all instruments as may be required to transfer the aforesaid custodianship account to the fund and to establish it therein as a sub-account to be administered in accordance with the provisions of this ordinance.
(Ord. 1984 c. 1)

5-6.9 Severability.

Bookmark   5-6.9   Severability.
   Except for Section 5-6.6, inserted hereunder, the provisions of this ordinance are severable and if any provision hereof except said section shall be held invalid in any circumstances, such invalidity shall not affect any other provision or circumstance.
(Ord. 1984 c. 1)

5-7 BOSTON RETIREMENT BOARD.

Bookmark5-7   BOSTON RETIREMENT BOARD.

5-7.1 Powers and Duties.

Bookmark   5-7.1   Powers and Duties.
   The Boston Retirement Department shall be under the charge of the Boston Retirement Board, who shall exercise the powers and perform the duties provided by statute.
(St. 1922 c. 521; St. 1945 c. 658; Rev. Ord. 1961 c. 8 § 1; CBC 1975 Ord. T5 § 400)

5-8 LAW DEPARTMENT.

Bookmark5-8   LAW DEPARTMENT.

5-8.1 Corporation Counsel.

Bookmark   5-8.1   Corporation Counsel.
   The Law Department shall be under the charge of the Corporation Counsel, who shall furnish opinions on the law of any subject or question that may be submitted to him by the Mayor or the City Council and on any subject or question relating to the discharge of their or his official duties that may be submitted to him by the School Committee, by any Committee of the City Council, or by four (4) members of the City Council, or by any Officer in charge of a Department of the City government provided, however, that in the event the interests of the Mayor and Council appear to the Council to be divergent or in conflict, the Council may have the benefit of the services of special counsel; shall, on application, advise any officer or employee of the City on any question of law connected with the discharge of his official duties; shall, subject to the direction of the Mayor, or of any Committee of the City Council having charge of matters before the general court of the Commonwealth, appear by himself or assistants as Counsel for the City before the general court or before any committee thereof, when the interest or welfare of the City is directly or indirectly affected; shall draft and approve the form of all written contracts; shall by himself or by the City conveyancers examine all titles to real property which the City is to acquire, and furnish without charge all deeds or other legal papers necessary for the transfer of property to or from the City which the City is required by law, or has been accustomed, to so furnish; and shall audit all bills incurred by the Department; shall, subject to the direction of the Mayor, institute any suit or proceeding in behalf of the City which he shall deem the interest of the City requires; shall by himself or by his assistants in the Law Department appear as Counsel in all suits, actions, or prosecutions which may involve the rights or interests of the City, and defend the officers of the City in suits against them for their official actions, or for the performance of their official duties, or when any estate, right, privilege, interest, ordinance, act, or direction of the City is brought in question; may take such steps, and incur such expenses, for the prosecution and defense of suits as he deems necessary; shall examine into the settlement of a claim when requested so to do by the Mayor or the head of any Department, and, if he deems such settlement advantageous to the City, shall approve the same; and may settle any suit against the City.
(Ord. June 18, 1827; Ord. April 2, 1866; Ord. March 25, 1882; Rev. Ord. 1961 c. 17 § 1; CBC 1975 Ord. T5 § 450; Ord. 1979 c. 14)
Cross-reference:
   Statutes, Title 3 § § 1, 2; Statutes, Title 4 § § 1, 8; Ord. ss 5-5.25; Ord. ss 11-7.6

5-8.2 Prohibition.

Bookmark   5-8.2   Prohibition.
   No person connected with the Law Department shall, except as hereinbefore provided, appear in court in any case to which the City is not a party.
(Rev. Ord. 1961 c. 17 § 2; CBC 1975 Ord. T5 § 451)

5-9 BOSTON CULTURAL COUNCIL.

Bookmark5-9   BOSTON CULTURAL COUNCIL.

5-9.1 Creation; Members.

Bookmark   5-9.1   Creation; Members.
   Subject to the provisions of chapter 10, section 58 of the M.G.L, there shall be created the Boston Cultural Council consisting of at least fifteen (15) and not more than twenty-one (21) members who shall be appointed by the Mayor for staggered terms of three (3) years, with each member limited to two (2) consecutive terms.
(Ord. 2012 c. 2)

5-9.2 Qualifications for Members.

Bookmark   5-9.2   Qualifications for Members.
   The Council members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences and shall be broadly representative of all fields of the performing arts, the fine arts and humanities. One member shall be appointed from each of the nine (9) districts within the City of Boston and shall be a resident of that district for at least two (2) years.
(Ord. 2012 c. 2)

5-9.3 Purpose.

Bookmark   5-9.3   Purpose.
   The Boston Cultural Council shall distribute funds allocated by the Massachusetts Cultural Council, a state agency, to support innovative arts, humanities, and interpretive sciences programming within the City of Boston as established under the provisions of chapter 10, section 58 of the M.G.L.
(Ord. 2012 c. 2)

5-9.4 Election of Chairman; Vacancy.

Bookmark   5-9.4   Election of Chairman; Vacancy.
   Elected or appointed public officials shall not be eligible for membership on said Council. The council shall elect a Chairman, Secretary and Treasurer from among the membership. Upon a vacancy, for any reason, the member's successor, if any, shall be appointed for a term of three (3) years, and shall serve until the qualification of such member's successor.
(Ord. 2012 c. 2)

5-9.5 Powers and Duties.

Bookmark   5-9.5   Powers and Duties.
   The Boston Cultural Council shall hold public meetings and may enter into contracts with individuals, organizations, and institutions for services furthering the objectives of the Council's purpose.
(Ord. 2012 c. 2)

5-9.6 Reimbursement of Expenses.

Bookmark   5-9.6   Reimbursement of Expenses.
   The members of the Boston Cultural Council shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties. Provided further that the council shall not utilize more than five (5) percent of the monies received from the State Arts Lottery Fund for administrative purposes, including member expenses.
(Ord. 2012 c. 2)

5-9.7 Guidelines Established.

Bookmark   5-9.7   Guidelines Established.
   The Boston Cultural Council shall promulgate necessary guidelines, rules or regulations for the use of state arts funds and for its own operations and procedures.
(Ord. 2012 c. 2)

5-9.8 Application for Funds; Use of Funds.

Bookmark   5-9.8   Application for Funds; Use of Funds.
   The Boston Cultural Council shall receive applications on a rolling basis annually and shall determine if said applications for funds comply with its guidelines, rules and regulations.
   The Boston Cultural Council shall certify to the City Auditor and Collector-Treasurer the payment of funds for those applicants who are eligible upon receipt of vouchers itemizing the use of the funds.
(Ord. 2012 c. 2; Ord. 2016 c. 12 § 1)

5-9.9 Audit of Expenditures.

Bookmark   5-9.9   Audit of Expenditures.
   The Boston Cultural Council shall conduct an annual audit of the expenditures of those funds and file a report, and copies of the report, to the City Clerk no later than three (3) weeks after the close of the fiscal year.
(Ord. 2012 c. 2)

5-9.10 Severability.

Bookmark   5-9.10   Severability.
   The provisions of this section are severable, and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity will not affect the remaining provisions, which will remain in full force and effect.
(Ord. 2012 c. 2)

5-10 RESIDENCY COMPLIANCE.

Bookmark5-10   RESIDENCY COMPLIANCE.

5-10.1 Residency Compliance Commission.

Bookmark   5-10.1   Residency Compliance Commission.
   There shall be a Residency Compliance Commission (“Commission”) comprising seven (7) Commissioners, five (5) to be appointed by the Mayor of Boston so long as one is a City union representative and two (2) are members of the citizens group Save Our City; the City’s Affirmative Action Officer shall serve ex-officio, and the City Council President, or such other Councillor designated from time to time by the Council President, shall serve ex-officio. The purpose of the Commission shall be to investigate and make findings, pursuant to the following provisions, relative to compliance with the Boston Residency Ordinance, CBC subsections 5-5.2, 5-5.3 (“Residency Ordinance”) and to consider whether to grant waivers in accordance with said Residency Ordinance.
   All Commissioners, with the exception of the City Council President, shall serve coterminous with the Mayor and any vacancies shall be filled by the Mayor of Boston for the unexpired term. The Commissioners shall annually elect a Commission Chairperson. Commissioners shall serve without compensation and shall be classified as Special Municipal Employees for purposes of the State Ethics Law, G.L. c. 268A.
   The Commission shall have the power to investigate, conduct hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and in connection therewith to require the production for examination of any documents, books, papers, or evidence relating to any matter in question or under investigation by the Commission. The Commission may appoint from within or without its membership a hearing officer to conduct particular hearings. Subpoena power shall be exercised by the Chairperson of the Commission, or his or her designee, upon majority vote of the Commission. The employee who is the subject of a hearing shall be afforded notice and an opportunity to provide testimony, witnesses, documents and to have counsel present.
   Should the Commission, after hearing, find that an employee, who is subject to the Residency Ordinance, does not reside within the City of Boston, the Commission shall issue its findings to the employee's Department head. The Commission shall also, with its findings, advise that the employee's failure to reside within the City of Boston constitutes a voluntary termination of employment under the Residency Ordinance and said Department head or appointing authority shall, consistent with the Residency Ordinance, notify the Treasurer to remove the employee's name from the payroll.
   Semi-annually, the Commission shall provide a written report to the Mayor, who shall file a copy with the City Council. This report shall include all investigations and findings by the Commission with respect to the Residency Ordinance.
(Ord. 1994 c. 10 § 5; Ord. 2016 c. 2 § 3)

5-10.2 Residency Compliance Unit.

Bookmark   5-10.2   Residency Compliance Unit.
   There shall be a Residency Compliance Unit (“Compliance Unit”) within the Office of Human Resources, which shall also have the power to conduct investigations of City employees and officers where there is reason to believe that an employee or officer may be in violation of the Residency Ordinance. There shall be not less than one investigator to conduct investigations for both the Compliance Unit and the Compliance Commission. The Compliance Unit may hire outside investigators to assist in its investigations.
   The Compliance Unit shall ensure, pursuant to the Residency Ordinance, the filing of residency affidavits and submission of additional documentation to verify residency. It shall also serve as a vehicle whereby employees and the general public may report those who are believed to be in violation of the Residency Ordinance. Where questionable claims of residency exist, the Compliance Unit shall forward such to the Compliance Commission for further investigation as delineated by subsection 5-10.1.
(Ord. 1994 c. 10 § 5; Ord. 2016 c. 2 §§ 4, 5)
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