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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
THE CHARTER OF THE CITY OF BOSTON.
DEDICATION.
ACKNOWLEDGMENTS.
NOTE
GENERAL PROVISIONS.
FORM OF GOVERNMENT: MODIFIED PLAN
GENERAL POWERS OF MAYOR AND CITY COUNCIL.
CITY DISTRICTS.
PROCEDURES RELATING TO ELECTIONS.
ORGANIZATION OF CITY DEPARTMENTS.
THE FINANCE COMMISSION.
PUBLIC SPENDING.
THE CITY CLERK AND THE CITY AUDITOR.
FISCAL RESPONSIBILITIES.
PUBLIC FACILITIES COMMISSION AND SURPLUS PROPERTY.
MISCELLANEOUS PROVISIONS.
THE SCHOOL COMMITTEE AND SUPERINTENDENT.
APPENDIX A
APPENDIX B STATEMENT OF CANDIDACY
APPENDIX C NOMINATION PETITION
APPENDIX D FORM FOR ELECTION BALLOTS
APPENDIX E CERTIFICATE OF APPOINTMENT FOR HEADS OF DEPARTMENTS
APPENDIX I PLAIN LANGUAGE VERSION OF THE BOSTON CITY CHARTER
APPENDIX J OATH OF MAYOR/CITY COUNCILLOR
APPENDIX K CALENDAR FOR ELECTION CYCLE
TABLE OF AUTHORITIES
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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Section 11.   Three Branches of City Government.
   There shall be in the city a mayor who shall be the chief executive officer of the city, a city council of nine members which shall be the legislative body of the city, and a school committee ... which shall have the powers and duties conferred and imposed by law. [Acts of 1951, c. 376, s. 1.11]
[Without amending this specific section, the number of city council members was increased to thirteen (nine district councillors and four at-large councillors) by Acts of 1982, c. 605, s. 1. The school committee was reorganized by Acts of 1991, c. 108.]
Section 11A.   Oaths of Office.
   Every person elected mayor and every person elected or chosen city councillor or school committeemember shall, before entering upon the duties of his office, take, and subscribe in a book to be kept by the city clerk for the purpose, the oath of allegiance and oath of office prescribed in the constitution of this commonwealth and an oath to support the constitution of the United States. Such oaths shall be administered, to a person elected mayor, by a justice of the supreme judicial court, a judge of a court of record commissioned to hold such court within the city or a justice of the peace, and to a person elected or chosen city councillor or school committeemember, by the mayor or any of the persons authorized to administer said oaths to a person elected mayor.
[Acts of 1951, c. 376, s. 1.11A as amended by Acts of 1983, c. 342, s. 1]
[See Appendix J]
Section 11B.   Provisions for an Acting Mayor.
   Whenever the mayor is absent from the city or unable from any cause to perform his duties, and whenever there is a vacancy in the office of mayor from any cause, the president of the city council, while such absence, inability or vacancy continues, shall perform the duties of mayor. If there is no president of the city council or if he also is absent from the city or unable from any cause to perform such duties, they shall be performed, until there is a mayor or president of the city council or the mayor or president of the city council returns or is able to attend to said duties, by such member of the city council as that body by a vote which, for the purposes of section seventeen D, shall be deemed to be a vote electing an official, may elect, and until such election by the city clerk. The person upon whom such duties shall devolve shall be called “acting mayor” and he shall possess the powers of mayor only in matters not admitting of delay, but shall have no power to make permanent appointments.
[Acts of 1951, c. 376, s. 1.11B]
GENERAL POWERS OF MAYOR AND CITY COUNCIL.
Section 12. Term of Office for Mayor.
   [A]t every second regular municipal election after a regular municipal election at which a mayor is elected, a mayor shall be elected at-large to hold office for the four municipal years following the municipal year in which he is elected and thereafter until his successor is elected and qualified.
[Acts of 1948, c. 452, s. 12 as amended by Acts of 1951, c. 376 s. 1.12]
Section 13.   Vacancy in the Office of Mayor Requiring Special Municipal Election.
   If a vacancy occurs in the office of mayor within sixteen weeks prior to a regular municipal election other than a regular municipal election at which a mayor is elected, or within sixteen months after a regular municipal election, or if there is a failure to elect a mayor or a person elected mayor resigns or dies before taking office, the city council shall forthwith adopt an order calling a special municipal election for the purpose of electing at-large a mayor for the unexpired term, which election shall be held on such Tuesday, not less than one hundred and twenty days nor more than one hundred and forty days after the adoption of such order, as the city council shall in such order fix. If a vacancy occurs in the office of mayor at any other time, a mayor shall be elected at-large at the next regular municipal election to hold office for a term expiring at ten o’clock in the forenoon on the first Monday of the fifth January following his election. A person elected mayor under either of the foregoing provisions shall take and subscribe the oaths required by section eleven A as soon as conveniently may be after the issuance to him of his certificate of election. Such person shall hold office from the time of taking and subscribing such oaths until the expiration of his term and thereafter until his successor is elected and qualified. The provisions of this section shall not apply if a vacancy occurs in the office of mayor in the period beginning on the date of a regular municipal election at which a new mayor is elected and ending at the time he takes office.
[Acts of 1948, c. 42, s. 13 as amended by Acts of 1951, c. 376, s. 1.13 as further amended by Acts of 1996, c. 328, s. 1]
Section 13A.   Salary of the Mayor.
   The mayor shall be paid an annual salary ... as may from time to time be fixed by ordinance. The mayor shall not receive for his services any other compensation or emolument whatever; nor shall he hold any other office of emolument under the city government.
[Acts of 1951, c. 376, s. 1.13A -- See CBC 2-7.11 and M.G.L. c. 39, s. 6A]
Editor’s Note:
   M.G.L. c. 39, s. 6A Municipal Salaries; Increases and Decreases; Procedure. Notwithstanding the provisions of any city charter to the contrary, the mayor and the members of the city council, or other legislative body of a city, shall receive for their services such salary as the city council or other legislative body of a city shall by ordinance determine, and shall receive no other compensation from such city, except that a member of a city council of said city may receive a salary for serving as an instructor in a municipal college of such city, except that a member of a city or town council in a municipality with a city or town council form of government may receive a salary for serving as a municipal employee of said municipality in lieu of receiving compensation for serving as a member of said council and except that, in accordance with the provision of the seventh paragraph of section twenty of chapter two hundred and sixty-eight A, any elected municipal official, other than a mayor, may choose to receive either the compensation for such service or compensation for service as an employee of a housing authority in such municipality, but may not receive both. No increase or reduction in such salaries shall take effect during the year in which such increase or reduction is voted, and no change in such ordinance shall be made between the election of a new council or other legislative body and the qualification of the new council or other legislative body. Such ordinance shall be subject to the provisions of sections forty-two, forty-three and forty-four of chapter forty-three.
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