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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
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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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
2-7.4   Execution of Instruments by Mayor.
   The Mayor shall countersign all notes, bonds or scrip of the city, and may execute in its behalf all instruments to be executed by the city; but this provision shall not be construed to prevent any Office from executing any instrument in the performance of his or her duties.
(Ord. November 18, 1833; Rev. Ord. 1961 c. 2 § 4; CBC 1975 Ord. T2 § 353; CBC 1985 2-7.4)
2-7.5   Discharge of Mortgages; Releases by Mayor.
   The Mayor may, upon payment to the Collector-Treasurer of the amount due on the mortgage of an estate mortgaged to the city, discharge or release the mortgage, or assign the same without recourse to the city, and may execute and deliver in behalf of the city all legal instruments necessary to effectuate such discharge, release or assignment.
(Ord. 1954 c. 2 § 4; Rev. Ord. 1961 c. 2 § 5; CBC 1975 Ord. T2 § 354; CBC 1985 2-7.5)
Cross-reference:
   Ord. ss 6-3.6
2-7.6   Release of Conditions.
   The Mayor may execute and deliver to any person holding land the title to which is derived under a deed given by the city and creating an estate upon condition, a deed of release, acknowledging that up to the time when such deed of release is given such condition has been fully complied with, and releasing such land from the possibility of forfeiture to the city for any breach of condition happening prior to the date of the release.
(Ord. July 31, 1878; Rev. Ord. 1961 c. 2 § 6; CBC 1975 Ord. T2 § 355; CBC 1985 2-7.6)
2-7.7   Cancellation of Bonds.
   The Mayor may, upon the execution of a new bond satisfactory to him or her, cancel, or release the sureties on, any bond given to the city for the performance of a contract or the duties of an Office.
(Ord. 1895 c. 4; Rev. Ord. 1961 c. 2 § 7, CBC 1975 Ord. T2 § 356; CBC 1985 2-7.7)
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