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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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2-12.5   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)
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