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2-5   CAMPAIGN SPENDING.
2-5.1   Limitations on Campaign Spending in City Preliminary Elections and City Elections.
   (A)   Limitation on monies expended for political campaign. No person being a candidate for the Office of Mayor, City Councillor at Large or School Committee Member, at any regular or special election or preliminary election, and no person acting with his or her leave or authority, or without such leave or authority, including, but not limited to, the Treasurer or Chair of a non-elected political Committee, shall expend, cause to be expended, allow to be expended or suffer to be expended, in the municipal year of such election, any monies in furtherance of the campaign of such a candidate, for whatever purpose, by any person, in excess of the amounts hereinafter set out, which shall be the aggregate of expenditures by all persons, under whatever color or guise, in furtherance of that campaign;
      (1)   The Office of Mayor: $200,000;
      (2)   The Office of City Councillor at Large: $20,000; and
      (3)   The Office of School Committee Member: $20,000.
   (B)   Monies spent in excess; fine established. 
      (1)   Every dollar expended in excess of the above limitations shall be deemed to be a separate offense, and each offense shall be punished by a fine of $2.
      (2)   For the purposes of this Section, the incurring of a liability for goods and services in furtherance of such a campaign shall be deemed to be an expenditure of monies equal to the amount of such liability, and it shall be deemed to have been expended on the date the liability was incurred.
   (C)   Effective date. The provisions of Subsection 2-12.3 to the contrary notwithstanding, this Section shall be published by the action of the Boston City Council in adopting the same, and shall take effect on the first Monday in January of the year 1976.
   (D)   Severability. The provisions hereof are severable and the decision of any court of competent jurisdiction invalidating or impairing the validity of any part or portion hereof shall not be deemed to affect the validity of any remaining part or portion of this Section.
(Ord. 1975 c. 11; CBC 1975 Ord. T2 § 204; CBC 1985 2-5.1)
Editor’s note:
   This Section should be read against Buckley v. Valeo, 44 U.S.L.W. 4127 (U.S. Jan. 30, 1976) which held federal campaign limitations unconstitutional.
2-6   RELATING TO POLICE OFFICERS IN ATTENDANCE AT POLLING PLACES.
   The Police Officer in attendance at the several polling places at primaries, elections, preliminary elections and city elections, in addition to performing the duties otherwise set forth by law, shall:
   (A)   Inspect each voting machine prior to the opening of the polls to ensure that no votes have been cast upon it since being set;
   (B)   Verify by inspection that “protective counter” setting against the number provided by the voting machine custodian;
   (C)   Place a mark next to the name of each voter who casts a ballot at such location, on the voting list provided by law; and
   (D)   Report any machine malfunction, irregularity or disturbance in or round the polling location, both to his or her station house and to the Election Commission.
(Ord. 1978 c. 8; CBC 1985 2-6)
2-7   MAYOR.
2-7.1   Appointments by Mayor.
   The Mayor shall appoint heads of Departments and members of Municipal Boards and fill vacancies therein in the manner provided by law. He or she shall, in the municipal year in which the term of the incumbent expires, appoint the following Officers, to serve for the terms hereinafter specified:
   (A)   For the term of three years, beginning with May 1 in the year of appointment: four Overseers of the Public Welfare;
   (B)   For the term of four years, beginning with May 1 in the year of appointment: the Fire Commissioner, Inspectional Services Commissioner, the Corporation Counsel and the Penal Institutions Commissioner; and
   (C)   For the term of five years, beginning with May 1 in the year of appointment: one Trustee of the Boston Public Library.
(Ord. 1954 c. 2 § 2; Ord. 1954 c. 3 § l; Ord. 1968 c. 14 § 1; Rev. Ord. 1961 (Sup. 1971) c. 2 § 1; CBC 1975 Ord. T2 § 350; CBC 1985 2-7.1; Ord.1995 c. 8 § 13)
Cross-reference:
   Ord. ss 7-2.1; St. 1909 c. 486 s. 13
   See also Chapter XV: Divisions of the Mayor’s Office
2-7.2   Appointment of Weighers, Measurers, Surveyors, Inspectors of Certain Articles.
   (A)   The Mayor shall annually appoint, subject to confirmation by the Boston City Council, Officers to act as weighers, measurers, surveyors or inspectors of certain articles, each for a term of one year beginning with May 1 in the year of appointment, who shall exercise the powers and perform the duties provided by the statutes and ordinances relating to the weighing, measuring, surveying or inspecting of such articles, shall be sworn to a faithful performance of their duties, shall be paid the fees established by law, and shall receive no compensation from the city, viz.:
      (1)   One or more employees of any person, firm or corporation to be weighers of goods, who shall have no other authority than to weigh, for the benefit of their employers, all goods or materials (except beef and coal) sold or purchased by such employers in the ordinary course of business;
      (2)   One or more weighers of coal, one of whom shall not be engaged in the business of selling coal;
      (3)   One or more weighers of beef, who shall not be dealers in cattle;
      (4)   One or more weighers of vessels and ballast, who shall not at the time of appointment or during their term of Office own, or act as Agent of, or have any interest in, a vessel engaged in the transportation of stone, gravel, sand or ballast, or be engaged or interested in the sale of stone, gravel, sand or ballast;
      (5)   One or more measurers of wood and bark;
      (6)   One or more weighers of grain; and
      (7)   One or more measurers of leather who have been certified by the Director of Standards as fit persons for such appointment.
   (B)   The Mayor shall annually appoint, subject to the confirmation of the Boston City Council, Constables for the term of three years beginning with May 1 in the year of appointment. Notwithstanding anything to the contrary contained in Subsections 5-5.2 and 5-5.3, all such Constables shall be residents of the city upon appointment and shall remain residents of the city during their tenure in Office, except for Housing Inspectors in the Housing Inspection Department, who need not so reside, but who shall cease to act as Constables and shall be removed from such Office immediately upon the termination of employment as Housing Inspectors, unless they reside at that time in the city as required of other Constables. Appointments of Constables shall specify in each case whether the appointment is for a position connected with the city or county service to serve without bond, or for the service of civil process upon the filing of the bond required by law.
   (C)   The bond required in order to authorize the service of civil process by Constables shall be in the sum of $5,000 with an incorporated surety company, approved by the Collector-Treasurer as surety thereon, and only such surety shall hereafter be accepted by the Boston City Council on said bonds.
   (D)   Satisfactory completion of such training course or other requirements as are, from time to time, found necessary and prescribed by the Mayor for the effective performance of the duties of Constable shall be a prerequisite for appointment to the position of Constable.
   (E)   The Mayor may, with the consent of the Boston City Council, remove a Constable from Office for gross misconduct. The Commissioner of the Boston Police Department shall promulgate regulations supplementing the appointment and/or removal of Constables pursuant to Subsection 2-7.2.
(St. June 18, 1802; St. 1848 c. 308; Ord. 1931 c. 7, 8, 10; Ord. 1954 c. 2 § 3; Ord. 1965 c. 5; Ord. 1966 c. 4; Ord. 1970 c. 6; Rev. Ord. 1961 (sup. 1971) c. 2 § 2; CBC 1975 Ord. T2 § 351; Ord. 1977 c. 4; Ord. 1979 c. 38; Ord. 1982 c. 9; ; CBC 1985 2-7.2; Ord. 2003 c. 20)
Cross-reference:
   M.G.L. Chapter 94; M.G.L. Chapter 95; M.G.L. Chapter 102; Ord. ss 2-8.2; Ord. ss 6-3.6
2-7.3   Transmission of Department Reports to Boston City Council.
   The Mayor shall, upon receiving any report of a Department required by the Boston City Council to be made to him or her, transmit the same to the Boston City Council with such suggestions as he or she shall deem proper.
(Rev. Ord. 1961 c. 2 § 3; CBC 1975 Ord. T2 § 352; CBC 1985 2-7.3)
Cross-reference:
   Ord. ss 6-1.6
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