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(A) The Commissioner of Federally Funded Agencies shall exclusively have the powers, and perform the duties of a Department head with respect to the appointment, suspension, discharge, compensation and indemnification of subordinates for the Department; but otherwise, all powers and duties shall be exercised by the Board, and the Commissioner as a member of said Board.
(B) It shall be the duty of the Department to determine what funds are available from the United States to assist the city and its people, to obtain and to monitor the expenditure of all such funds and to administer all Agencies within the Department.
(C) Any Agency, purporting to be a City Agency, funded to an extent of 50% or more by such funds, existing on July 1, 1978, and continuing to exist on the date on which this Section is in force, which was not created and presently existing by previous ordinance, is hereby created and shall be in and subject to the administrative control of this Department.
(D) The Department of Federally Funded Agencies shall serve as a liaison between the city and the various federal Agencies providing funds to municipalities, informing said Agencies of the city’s needs with respect to federal programs and assistance; shall seek out and provide all Boston Municipal Agencies with federal funding information of import to said Agencies; shall procure, distribute and monitor the expenditure of federal funds to ensure compliance with federal law, rules, regulations and all other applicable laws, ordinances, rules and regulations. All Officers and employees of the Department shall be subject to the residency and/or voter registration requirements established by ordinance.
(Ord. 1979 c. 21; CBC 1985 5-4.2)
(A) There shall be in the Department the following three Divisions:
(1) A Division of Information, Application and Distribution;
(2) A Division of Federal, State and Municipal Compliance; and
(3) A Division of Administration.
(B) The Division of Administration shall be under the direction, control and supervision of the Commissioner. Each of the other Divisions shall be under the direction, control and supervision of an Associate Commissioner.
(C) It shall be the duty of said Division of Information, Application and Distribution to serve as liaison between the city and the various federal Agencies providing funds to the city to inform such federal Agencies of the city’s need with respect to existing federal programs and assistance, to encourage the establishment of new sources of federal funding to aid the city, to provide Boston Municipal Agencies with all relevant federal funding information, to assist said Agencies in applying for such funding and to distribute such federal funds to all City Agencies which are funded to any extent by such funds. In the interest of efficiency in the implementation of such information, application and distribution functions, said Division shall maintain a Washington, D.C. Office to be under the direction, control and supervision of the Associate Commissioner for the Division of Information, Application and Distribution.
(D) The Division of Administration shall contain all City Agencies which are funded to an extent of 50% or more by such federal funds. It shall be the duty of said Division to administer such subordinate Agencies within said Division and, in performing this function, to coordinate the activities and expenditure of all such subordinate Agencies within said Division.
(E) It shall be the duty of the Division of Federal, State and Municipal Compliance to monitor the expenditure of such funds by Municipal Agencies. In serving as monitor, said Division shall ensure that municipal Agencies receiving such federal funds comply with all commonwealth and federal laws, rules, regulations and funding guidelines and all other applicable laws, ordinances, rules and regulations.
(Ord. 1979 c. 21; CBC 1985 5-4.3)
On or before April 15, 1980, and on or before April 15 of each succeeding year, such Department shall report in writing to the Mayor and City Council. Such report shall include, but not be limited to, a report on all funds received by the city from the United States for the 12-month period ending on the previous June 30, how much of such funds were used by the Department as administrative expense, how much of such funds were distributed to each City Agency, how much of such funds distributed to each such Agency were used by such Agency as administrative expense and if the Department or City Agency which is funded in whole or in part by such funds contracts for services, how much of the funds received by the contractor for such services were used for administrative purposes by the contractor, a narrative style account of the activities of the Department during the year covered by the report and the goals and outlook for the Department in the immediately succeeding years.
(Ord. 1979 c. 21; CBC 1985 5-4.4)
(A) If for any reason any appointment to a position within the Department, excepting that of Commissioner or Associate Commissioner, is not made in accordance with the provisions of M.G.L. Chapter 31, it shall be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the Boston City Council rules and regulations which shall:
(1) Ensure that for all appointments to positions within the Department made after June 30, 1978, every reasonable effort shall be made to guarantee any resident of the city, who is qualified for any such position, timely notice that such position is available, reasonable opportunity to apply for such position and equal opportunity with all qualified applicants for appointment. All positions established and all appointments to positions in Agencies within the Department, excepting that of Commissioner and Associate Commissioner, made after June 30, 1978, are hereby abolished and cancelled as of July 1, 1979, and if reestablished and new appointments made, such appointments shall be made in accordance with this division (A)(1);
(2) Ensure that all employees have equal opportunity for promotion, pay increases or other job-related benefits based on their work performance as such employees;
(3) Ensure that any employee is protected in his or her employment against any inequitable threat of demotion, loss of pay, job termination or other unfair labor or discriminatory practice; and
(4) Ensure that any employee is given an opportunity to join a collective bargaining unit, if he or she so chooses, without interference from any official or employee of the city.
(B) In addition, it shall also be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the City Council, job descriptions for all positions within the Department which are not filled in accordance with the provision of M.G.L. Chapter 31.
(C) The provisions of this Section, however, shall not apply to public service employment positions under the Federal Comprehensive Employment and Training Act which have been filled by lottery, or otherwise.
(Ord. 1979 c. 21; CBC 1985 5-4.5)
Every Officer appointed by the Mayor or elected by the City Council, unless removed from Office in accordance with law or unless such person leaves Office by voluntary resignation, shall continue to hold Office until his or her successor is appointed or elected and duly qualified. No such Officer shall submit a resignation prior to taking Office, and shall, at the time of taking Office, submit to the City Clerk, for transmittal to the City Council, a written affidavit duly sworn and witnessed by a notary public, certifying that such person has not submitted any such resignation to the appointing official or body. The Mayor, within five days of receipt of any resignation from such Officer or within five days after the expiration of any such Officer’s term, shall communicate such fact in writing to the City Clerk for notification to the Boston City Council at its next Council meeting. Every such Officer shall subscribe in a book, to be kept by the City Clerk for that purpose, a statement that he or she accepts his or her Office subject to the statutes and ordinances; whoever violates any provision of this Section shall be punished by a fine not to exceed $200 each day, or part thereof, during which such violation exists shall be considered a separate offense.
(St. 1885 c. 266 § 4; St. 1980 c. 418; Ord. 1883 c. 10; Rev. Ord. 1961 c. 3 § 1; CBC 1975 T5 § 100; Ord. 1979 c. 42; CBC 1985 5-5.1)
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