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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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2-12.4   Departments Created.
   The Departments named in the following chapters are hereby created, and placed under the charge of the Officers or Boards designated therefor, under the general supervision and control of the Mayor.
(Rev. Ord. 1961 c. 1 § 16; CBC 1975 Ord. T2 § 753; CBC 1985 2-12.4)
Cross-reference:
   Ord. ss 2-7.1
2-12.5   Adoption and Promulgation of Forms and Regulations.
   (A)   City Departments shall, in adopting and promulgating forms and regulations, adhere to the requirements of M.G.L. Chapter 30A, Commonwealth Administrative Procedure, particularly Sections 1 through 6; provided, however, that the City Clerk shall appropriately perform those duties designated therein to be performed by the Secretary of State.
   (B)   Forms and regulations in effect prior to June 30, 1978, if not readopted and repromulgated in accordance with the above standards shall become null and void on June 30, 1978.
(Ord. 1975 c. 8; CBC 1975 Ord. T2 § 754; Ord.1976 c. 15; Ord.1977 c. 18; CBC 1985 2-12.5)
2-13   REQUIRING THE ATTACHMENT OF A FISCAL NOTE TO CERTAIN LEGISLATION.
2-13.1   When Required; Information to Be Included.
   The Deputy Director of Administrative Services for Fiscal Affairs of the city shall prepare a fiscal note for all orders or ordinances which would result in an expenditure of funds, except those which propose specific sum appropriations. A fiscal note shall report:
   (A)   The estimated change effected by an order or ordinance upon city expenditures over a period of five years after the implementation of the order or ordinance unless the Deputy Director for Fiscal Affairs certifies that the cost of the order or ordinance over the initial five-year period will not exceed $25,000;
   (B)   The estimated change effected by an order or ordinance upon city expenditures after the initial five-year period if substantial increases or decreases in the annual cost of the order or ordinance are expected to occur after the initial five-year period; and
   (C)   What portion of the funds which will finance the order or ordinance will be provided by the local, commonwealth and federal governments respectively. The fiscal note shall also include actuarial data where relevant.
(Ord. 1976 c. 6; CBC 1985 2-13.1)
2-13.2   Form of Fiscal Note.
   A fiscal note may consist of one or more sheets, but each sheet shall be in substantially the following form:
 
   CITY OF BOSTON
   FISCAL NOTE
 
   Docket number (here insert docket number of proposed order or ordinance); date of referral (date of referral to committee); date due (date two weeks from date of referral); date of return (date fiscal note is returned to City Clerk); subject (here insert general area of concern of proposed order or ordinance).
 
   I hereby certify that, to the best of my knowledge, the total cost of Docket Number (here insert above docket number) over the initial five-year period of its implementation will not exceed $25,000. (If the above statement is correct, the Deputy Director of Administrative Services for Fiscal Affairs shall affix his or her signature in the space provided. If the above statement is not correct, the Deputy Director for Fiscal Affairs shall complete the remainder of the sheet.)
 
   The estimated cost of Docket number (here insert above docket number) over the initial five-year period of its implementation exceeds $25,000.
 
(Ord. 1976 c. 6; CBC 1985 2-13.2)
2-13.3   Information and Procedures.
   (A)   The information required by Section 2-13 of the Revised Ordinances of 1985, as amended, is as follows:
 
FISCAL NOTE WORKSHEET
 
(The aforementioned worksheet shall include a total amount of estimated expenditures of the proposed order or ordinance for the initial five-year period of implementation and shall also include a breakdown under headings Year 1, Year 2, Year 3, Year 4 and Year 5 of tabulations of the estimated expenditures of said proposal throughout the initial five-year period of implementation. The estimated expenditures of the proposed order or ordinance shall be categorized under the headings entitled) 1. Estimated total cost of proposal; (subdivision) A. personal services, B. contractual services, C. supplies and materials, D. current charges and obligations, E. equipment, F. structures and improvements, G. land and nonstructural improvements; 2. portion of financing provided by (subdivision) A. city funds, B. state funds, C. federal funds, D. Other funds (with accompanying explanation).
   If substantial increases or decreases in any of the above categories are expected to occur after the initial five-year period, please outline and explain (here respondent shall explain any such expected increases or decreases).
 
   Attach actuarial data when relevant.
 
   (The Deputy Director of Administrative Services for Fiscal Affairs shall here affix his or her signature in the space provided if he or she has not already certified the above portion.)
 
   (B)   Upon referral of any proposed order or ordinance to Committee, the City Clerk shall forthwith provide a copy of the proposed order or ordinance and a form entitled “Fiscal Note”, with the appropriate matter required by the first three paragraphs of the foregoing form printed or inserted thereon, to the Deputy Director for Fiscal Affairs. The fiscal note shall be prepared by the Budget Division in cooperation with the Departments, Agencies or governmental units to be affected by the order or ordinance. The Deputy Director for Fiscal Affairs shall return the proposed order or ordinance with the fiscal note attached, to the City Clerk within a period of two weeks from the date of referral of the proposed order or ordinance to Committee. The City Clerk shall forward the fiscal note to the appropriate Committee, from which time the fiscal note shall be permanently attached to the order or ordinance and shall be a matter of public record. Upon receipt of the fiscal note, the Chair of the Committee shall request of the sponsor(s) of the order or ordinance any comment regarding the contents of the fiscal note.
   (C)   If, for any reason, the Deputy Director for Fiscal Affairs is unable to prepare the fiscal note within two weeks from the date of referral to committee of the proposed order or ordinance, the Deputy Director for Fiscal Affairs shall so inform the City Clerk, whereupon a meeting of the Executive Committee of the Boston City Council shall be called for one hour following the commencement of the next regularly scheduled Boston City Council meeting and at which the Deputy Director for Fiscal Affairs shall appear and state his or her reasons for failure to present the fiscal note. The Boston City Council, at its discretion, may grant an extension of time to the Deputy Director for Fiscal Affairs for preparation of the fiscal note, or may employ its powers under Section 17F of Chapter 452 of the Acts of 1948, as amended, or any other authority vested in the Boston City Council to assist the Deputy Director for Fiscal Affairs in the preparation of the fiscal note.
   (D)   The requirement to prepare a fiscal note shall be deemed waived if two-thirds of the members of the Boston City Council so vote.
(Ord. 1976 c. 6; CBC 1985 2-13.3)
2-14   STATEMENT OF FINANCIAL INTERESTS.
2-14.1   Title and Purpose.
   This Section shall be known as the “Statement of Financial Interests Ordinance”. The purpose of this Section is to ensure that all City Councillors are fully reporting their relevant financial interests on a yearly basis. Such disclosures are in the interest of transparency and good governance and will help to prevent conflict of interest problems.
(CBC 1985 2-14.1; Ord. 2009 c. 2)
2-14.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. Any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business or real estate trust or any other legal entity organized for profit or charitable purposes.
   BUSINESS TRUST. A business (or “Commonwealth”) trust generally organized pursuant to M.G.L. Chapter 182, or some other similar statue, for the purpose of conducting a business. It is similar to a corporation in that its ownership interest is generally divided into transferable shares or certificates which are held by the beneficiaries. These beneficiaries are similar to a corporation’s stockholders. See also “trust”.
   CHARITABLE TRUST. A type of business trust, generally a not-for-profit entity organized for charitable trust purposes such as supporting certain educational, scientific or religious goals. The provisions of a CHARITABLE TRUST are usually enforceable by the Attorney General and such trusts are sometimes tax-exempt pursuant to I.R.C. 501(c)(3). See also “trust”.
   DEBT. Loan or liability and all collateral associated therewith, excluding installment loans, educational loans, medical and dental bills, credit card purchases, support or alimony obligations or debt owed in the ordinary course and day-to-day operations of running a business.
   DIRECT INTEREST IN LEGISLATION, LEGISLATIVE ACTION OR A MATTER BEFORE THE CITY COUNCIL. 
      (1)   When a person has an interest in, at any time during the relevant calendar year:
         (a)   The use or value of his or her property;
         (b)   The conduct of his or her business; or
         (c)   The use or value of the property of or the conduct of the business of a person with which he or she is affiliated as an employee, Officer, Director, Trustee, general partner, proprietor or in a similar managerial capacity, that could be or was affected by legislation, legislative action or a matter before the Boston City Council, unless the effect is not substantially greater than the effect generally on persons residing in the commonwealth.
      (2)   Any business, which is regulated by the Boston City Council has such an interest.
   EQUITY. Any stock, partnership share, beneficial trust interest, proprietorship interest or similar ownership interest in a business.
   FAIR MARKET VALUE. The value that a willing buyer would pay a willing seller for property in an arm’s-length transaction. The FAIR MARKET VALUE can be determined in several acceptable ways including an actual sale or a certified valuation by an independent accountant.
   FAMILY TRUST. A trust that is generally organized by a family member on behalf of some other family member to protect assets from being used by the beneficiaries (except as permitted by the trust’s provisions). A FAMILY TRUST may be created by a written document, but need not be. See also Trust. Depending on the nature of the trust, the beneficiary may have either a “present interest” (a right to trust assets now) or a “future interest” (for example, an interest that will not occur until someone’s death). A “future interest” may be further classified as either “vested” or “contingent”, meaning that the interest may or may not be certain to occur at some future point. Generally, if you have the right to receive any of the assets of the trust right now, you have a “present” interest in those assets. Accordingly, you would have to report ownership of those assets if valued at $1,000 or more. On the other hand, if you do not have the right to receive any of the assets of the trust right now, you do not have a “present” interest in those assets. Accordingly, you would not have to report anything about those assets.
   GIFTS. Anything given when full value is not returned for what was received and may include payment, entertainment, subscription, advance, discount or services having in the aggregate a fair market value in excess of $100. This does not include gifts from a spouse, immediate family or close family (parents, grandparents, children, siblings) member nor does it include political contribution which must be otherwise disclosed in accordance with relevant laws.
   HONORARIA. A payment of money or anything of value as consideration for an appearance, speech, article or the like.
   INCOME. Any income from whatever source derived including a fee, salary, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof. Excluded only are the following:
      (1)   Interest from savings accounts and certificates of deposit;
      (2)   Interest from governmental obligations other than those of the commonwealth or any political subdivision or any public Agency or authority created by the commonwealth’s legislature;
      (3)   Alimony and support payments;
      (4)   Proceeds from a life insurance policy;
      (5)   Interest or dividends from money market funds; retirement or disability benefits profit-sharing plans, 401(k) plans; and
      (6)   Social Security payments.
   INVESTMENT. Any tangible or intangible property, whether personal property or realty, held primarily for the purpose of attaining an economic advantage, whether directly (as in the case of income or appreciation) or indirectly (as in the case of tax shelters). Excluded from this definition are, for example, properties held chiefly for enjoyment, certain retirement plans, profit-sharing plans, 401(k) plans, insurance policies and your primary residence.
   LEGISLATIVE AGENT. Any person who for compensation or reward does any act to promote, oppose or influence legislation or to promote or oppose or influence the governor’s approval or veto thereof or to influence the decision of any member of the executive branch where such decision concerns legislation or the adoption, defeat, of postponement of a standard, rate, rule or regulation pursuant thereto. The term shall include persons who, as any part of their regular and usual employment and not simply incidental thereto, attempt to promote, oppose or influence legislation or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such employment is received for such services.
   PERSON. A business, individual, corporation, union, association, firm, partnership, committee or other organization or groups of persons.
   REALTY TRUST. A type of business trust generally organized for the primary purpose of buying, selling, holding or investing real property usually created by a written instrument. These trusts are sometimes also REAL ESTATE INVESTMENT TRUSTS or REITS. See also “trust”.
   REIMBURSEMENT. A payment for money expended or to be expended (for example, travel, meals or lodging), which is for actual expenses incurred or to be incurred reasonably related to the event to which they are connected.
   SECURITY. Any note, stock, bond, debenture, evidence of a debt owed to you or to your spouse, certificate of interest or participation in any profit-sharing arrangement, certificate of interest in any mutual fund, stock or commodity option or similar evidence of ownership or interest, or a receipt or certificate of deposit for, or warrant or right to subscribe to or purchase, any of the foregoing.
   TAX SHELTER. Any device used by taxpayer to reduce or to defer payment of taxes. TAX SHELTERS organized either as a business or as an investment and are reportable on Statements of Financial Interests as such. Retirement plans are not considered TAX SHELTERS and are generally not reportable.
   TRUST. A legal entity in which the actual (or “beneficial”) ownership of property is separated from its legal ownership. The legal ownership is held by a trustee who owes certain duties to the beneficiaries. Those duties usually arise by a written document (a “Declaration of Trust”, for example).
(CBC 1985 2-14.2; Ord. 2009 c. 2)
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