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Boston Overview
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
5-1 ADMINISTRATIVE SERVICES DEPARTMENT.
5-2 ART COMMISSION.
5-3 PUBLIC SAFETY COMMISSION.
5-4 DEPARTMENT OF FEDERALLY FUNDED AGENCIES.
5-5 BOARDS, DEPARTMENTS: OFFICERS, SUBORDINATES AND EMPLOYEES.
5-5.1 Acceptance of Office.
5-5.2 Residency and Voting Requirements for Certain Officers.
5-5.3 Residency Requirement.
5-5.4 Selection Process for Applicant for Provisional or Temporary Positions.
5-5.5 Suspension of Employees; Order of Suspension.
5-5.6 Bonds of Officers and Subordinates.
5-5.7 Personal Liability of Auditor and/or Collector-Treasurer.
5-5.8 Bonds Not Required by Statute or Ordinance.
5-5.9 Allowance of Premium as Expense.
5-5.10 Salary Categories for Certain Offices.
5-5.10A Boston Compensation Advisory Board.
5-5.11 Provisions Regarding Holdovers.
5-5.12 County Officers.
5-5.13 Temporary Officers.
5-5.14 Vacation and Other Absence.
5-5.15 Boards to Organize First Monday of May.
5-5.16 Office Hours.
5-5.17 Records of Acts and Doings of Departments.
5-5.18 Employment, Compensation and Tenure of Subordinates.
5-5.19 Reimbursement of Legal Expenses to City Employees Incurred Within the Scope of Employment.
5-5.20 Paid Parental Leave for City Employees.
5-5.21 To Expend Gifts as Directed.
5-5.22 Personal Property Not Required by Department.
5-5.23 Inspection and Certificate by Weigher.
5-5.24 Printing and Office Supplies.
5-5.25 Settlement of Claims.
5-5.26 Fees and the Like Received for Services.
5-5.27 Bills and Demands Sent to Auditor.
5-5.28 Certification by City Auditor.
5-5.29 Pay Rolls.
5-5.30 Conditions in License of Permits.
5-5.31 Subordinate Acting Temporarily for Officer.
5-5.32 Mandatory Referral of Capital Improvements.
5-5.33 Estimates of Appropriations and Income.
5-5.34 Annual Reports of Departments.
5-5.35 Notice of Illness of Inmates of Public Institutions.
5-5.36 Equal Opportunity Policy.
5-5.37 Public Access to Computerized Information.
5-5.38 Public Information Officer; Prohibition of.
5-5.39 Comparable Worth Commission.
5-5.40 Notification of Employees Regarding Municipal Ethics Laws.
5-5.41 Reporting Requirements to the City Retirement Board.
5-5.42 Gender Identity Nondiscrimination in Health Care Coverage for City Employees.
5-6 PENSIONS, RETIREMENT ALLOWANCES AND ANNUITIES.
5-7 BOSTON RETIREMENT BOARD.
5-8 LAW DEPARTMENT.
5-9 BOSTON CULTURAL COUNCIL.
5-10 RESIDENCY COMPLIANCE.
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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5-5.2   Residency and Voting Requirements for Certain Officers.
   (A)   Each Officer appointed by the Mayor or elected by the Boston City Council to a cabinet level or Department Head position, and every person who for a period of more than 180 days acts in place of such an Officer, except those Officers appointed by the Mayor under the provisions of Subsection 5-5.6, shall be, or within the six months next following the date of his or her acceptance of Office shall become, both a resident and registered voter of the city and each such Officer shall continue to be both a resident and a registered voter of the city during his or her term of Office. This Section shall not apply to those Officers serving in positions without compensation except for reimbursement for expenses actually incurred in the performance of official duties, or to persons acting in place of such Officers; nor shall this Section apply to an Officer appointed by the Mayor to the position of Department Head, or interim or acting Department Head, before January 1, 2016, who immediately, prior to such appointment, was a member of a collective bargaining unit and who, under the terms of the collective bargaining agreement, previously lived in the city for ten consecutive years during such employment but at the time of his or her appointment no longer resided in the city. If any such Officer shall during his or her term of Office remove from the city or cease to be a registered voter therein he or she shall be deemed to have become disqualified from holding his or her Office as of the date of such removal or such cessation. Each Officer affected by this Section shall, upon his or her acceptance of Office or within the six months next following thereupon, and annually on March 1 thereafter, in writing and under the penalties of perjury, certify to the City Clerk that he or she is both a resident and a registered voter of the city, and accompany such certification with two proofs of residency. A copy of every such certificate shall be transmitted by the City Clerk to the Office of Human Resources and the Boston Residency Compliance Commission within five business days of filing. If, upon the expiration of the six months next following his or her acceptance of Office, and annually after March 1 thereafter, any such Officer shall not have so certified to the City Clerk that he or she is both a resident and a registered voter of the city, or shall have so falsely certified, he or she shall be deemed disqualified from holding his or her Office, and the City Clerk shall forthwith so notify the Mayor, the City Council, the Office of Human Resources and the Collector-Treasurer. Upon receipt of such notification the Collector-Treasurer shall strike from the payroll the name of any such Officer and shall cause no further payments of salary or other compensation to be made thereto. A person who falsely certifies as to his or her residency shall be fined the sum of $300 for each such false certification filed. No person deemed disqualified hereunder shall be appointed or elected to any Office subject to the provisions of this Section for a period of five years next after the date he or she becomes disqualified. This Section shall not apply to any person in Office on the date of the adoption of this Section; provided, however, that this Section shall apply to any such person upon the expiration of his or her current term of Office whether or not his or her successor shall have been appointed or elected; and provided further, that this Section shall apply to any such person who shall be appointed or elected to another Office to which this Section applies upon the date of his or her acceptance of such other Office. Those provisions of this Section which require that an Officer be a registered voter shall not apply to any person who is by law ineligible to vote if such person shall certify to the City Clerk his or her ineligibility and the reason therefor.
   (B)   The Mayor, or his or her designee, may grant, by petition subject to ratification by the Residency Compliance Commission, a waiver of the residency requirement and its related provisions herein if the position to be filled requires a unique set of skills, which, without lifting the residency requirement, would render the position difficult to fill within a reasonable time. The petition to waive the residency requirement must be presented to the Residency Compliance Commission for ratification by a majority of its Commissioners. Such waiver may, at the discretion of the Mayor or his or her designee, be granted for the duration of the appointment or for such other limited duration, not to exceed 36 months, after which the Officer shall become a resident of the city and shall not cease to be a resident of the city.
(Rev. Ord. 1961 c. 3; Ord. 1973 c. 7; Ord. 1974 c. 11; CBC 1975 Ord. T5 § 101; CBC 1985 5-5.2; Ord. 2014 c. 5; Ord. 2016 c. 2 § 1)
5-5.3   Residency Requirement.
   (A)   Every person first employed by the city on or after July 1, 1976, shall be a resident of the city, and shall not cease to be a resident of the city during his or her employment by the city. For the purposes of this Section, an EMPLOYEE shall be any person receiving monies from the city subject to withholding taxes by the commonwealth or federal government, except principal employees and Officers subject to the provisions of Subsection 5-5.2 hereof. All persons promoted by the city on or after July 1, 1976, shall be, or within one year of such promotion become, a resident of the city as defined herein. Failure to do so shall be determined to be a voluntary termination of employment.
   (B)   The provisions of this Section shall not apply to any current sworn member of the command staff of the Boston Police Department or senior management appointee in the Boston Fire Department who immediately prior to such appointment was a member of a collective bargaining unit and who, under the terms of the collective bargaining agreement, previously lived in the city for ten consecutive years during such employment but at the time of his or her appointment no longer resided in the city. Any sworn member of the command staff of the Boston Police Department appointed after January 1, 2016 shall be, or within the six months next following the date of his or her acceptance of such appointment shall become, both a resident and registered voter of the city and each such Officer shall continue to be both a resident and a registered voter of the city during his or her term of Office.
   (C)   The Mayor, or his or her designee, may grant, by petition subject to ratification by the Residency Compliance Commission, a waiver of the residency requirement herein if the position to be filled requires a unique set of skills, which, without lifting the residency requirement, would render the position difficult to fill within a reasonable time. The petition to waive the residency requirement must be presented to the Residency Compliance Commission for ratification by a majority of its Commissioners. Such waiver may, at the discretion of the Mayor or his or her designee, be granted for the duration of the employment or for such other limited duration, not to exceed 36 months, after which the employee shall become a resident of the city and shall not cease to be a resident of the city.
   (D)   Upon taking employment with the city, and annually on March 1 thereafter, every person subject to this Section shall file with his or her Department head, or like Officer, a certificate, signed under the pains and penalties of perjury, stating his or her name, and place of residence, and accompany such certification with two proofs of residency. A copy of every such certificate shall be transmitted by the Department head or like Officer to the Office of Human Resources and the Boston Residency Compliance Commission within five business days of filing. Upon receipt of a certificate indicating a place or residence not within the city, or if no such certificate is filed, the Department head or like Officer shall forthwith strike the name of the employee from the payroll, that person shall cease to be employed by the city and the Department head or like Officer shall give notice of his or her action to the City Clerk, who shall transmit the same to the City Council, the Mayor, the Office of Human Resources and the Collector-Treasurer. A person who falsely certifies as to his or her residency shall be fined the sum of $300 for each such false certification filed. No person so stricken from a payroll shall be reemployed by the city for a period of five years following the cessation of his or her employment. Every employee shall be furnished a copy of the residency ordinance when hired and annually thereafter, but failure to receive a copy shall not be held to excuse any violation.
   (E)   The City’s Office of Human Resources shall prepare a report on compliance with the residency requirements herein and submit such report annually to the City Clerk and the City Council.
   (F)   Any person, acting on behalf of the city who makes payment of wages to any person stricken from a payroll under the provisions hereof, within one year of the date of striking, and any person accepting such payment, shall be punished by a fine of $2 for each dollar so paid or accepted.
   (G)   To the extent permissible by law, no collective bargaining agreement hereafter entered into by the city shall contain any provision contrary to the provisions hereof, nor shall the absence of any provision with respect to the residency of any person hired after the date of such contract be deemed to prevent enforcement of this Section.
   (H)   To the extent permitted by M.G.L. Chapter 31, every examination held to establish a Civil Service list for employment by the city shall be restricted to city residents.
   (I)   In the event that this Section shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern, and shall not defeat the application of this Section with respect to any position not governed by that law.
   (J)   The provisions hereof are severable, and the action of any court of competent jurisdiction in declaring any part or portion hereof invalid, shall not act to defeat any remaining part or portion hereof, and any such action declaring this Section invalid with respect to any position or person shall not be held to apply to any other person or position.
   (K)   In construing this Section, residence shall be the actual principal residence of the individual, where he or she normally eats and sleeps and maintains his or her normal personal and household effects. This Section shall be deemed to affect both Civil Service and non-Civil Service employees of the city.
(Ord. 1976 c. 9; CBC 1985 5-5.3; Ord. 1994 c. 10 §§ 1-4; Ord. 1995 c. 7 § 1; Ord. 2016 c. 2 § 2)
5-5.4   Selection Process for Applicant for Provisional or Temporary Positions.
   (A)   No appointment on a provisional or temporary basis made to any position in a city or County Agency, Department or Commission or in any Agency funded to the extent of 50% or more by funds whose expenditure by law requires approval of the City Council, unless such appointment is made in compliance with one of the following.
      (1)   The position is filled by appointment from a duly certified Civil Service list of eligible candidates for the position established under the provisions of M.G.L. Chapter 31.
      (2)   The position is filled by the Office of Personnel within the Administrative Services Department in the following manner:
         (a)   An advertisement inviting applications of such positions shall be placed on one of the first six pages in at least two daily newspapers of general circulation in the city 30 days prior to the closing date for accepting such applications, setting forth a period of not less than four weeks during which applications will be accepted, the closing date for acceptance of applications; a job description; the specific educational and prior work experience, including experience in a permanent position within the Department Agency, if any, actually needed in order to successfully perform the work; the Office within city or county government to which applications or inquiries may be made during regular business hours; the proposed salary of such position; and all other information reasonably relevant to prospective applicant, including the number of appointments to be made to that position if more than one;
         (b)   Applicants for such positions in city service shall, at the time of application, reside within the city, and applicants for such
position in county service shall reside within Suffolk County at the time of application;
         (c)   Upon expiration of the application period, the names of all persons meeting such eligibility requirements shall be inscribed on individual pieces of paper which shall be folded twice and placed in suitable container by the Supervisor of Personnel or his or her designee; at a public place to which all such eligible applicants shall be invited, such Supervisor, or his or her designee, then publicly shall draw out the pieces of paper individually and announce the names in the order in which they are drawn, and shall thereby establish the priority order in filling such position or positions;
         (d)   The Supervisor of Personnel shall present to the Mayor, the Boston City Council and the Auditor, within 15 days after the completion of each such drawing, a copy of the list of the names so drawn for such position or positions containing a statement sworn before a notary public and signed by him or his or her designee, that the procedures set forth in this division (A)(2) were followed in establishing such list;
         (e)   Persons appointed through the eligibility and drawing process to positions on a quarterly or semi-annual basis may have reappointment pending preparation of a qualifying examination for Civil Service tenure in the position, but such employee shall not serve more than a year in total on a provisional basis; and
         (f)   If several different positions are to be filled on a provisional basis, the Supervisor of Personnel may cause them to be listed in a single, comprehensive advertisement as long as particulars enumerated above are clearly set forth for each position.
      (3)   No such position shall be filled in any such Agency, except in accordance with this Section unless otherwise expressly provided by ordinance.
(Ord. 1977 c 8; Ord. 1979 c. 16 § 1)
   (B)   This Subsection shall not prohibit the reappointment of any person to the provisional or temporary position held by such person on the effective date of this Subsection. The effective date of this Subsection is May 16, 1979.
(Ord. 1979 c. 16 § 2; CBC 1985 5-5.4)
5-5.5   Suspension of Employees; Order of Suspension.
   (A)   In the event that employees of the city are to be laid-off or temporarily suspended from employment, employees who are residents of the city, as defined in Subsection 5-5.3, shall be laid-off or temporarily suspended last and those employees who are not residents of the city, as defined in Subsection 5-5.3, shall be laid-off or temporarily suspended first.
   (B)   Any person laid-off or temporarily suspended from employment by the city as prescribed above may be rehired; provided, however, that those persons who are residents of the city, as defined in Subsection 5-5.3, shall have priority with regard to rehire.
   (C)   If the provisions of this Section are in conflict with a contractual agreement between the employer (City of Boston) and the employee or an organization recognized to represent said employee, the provisions of the contractual agreement shall rule. The provisions of this Section shall be applicable to Civil Service personnel only to the extent permitted by M.G.L. Chapter 31.
(Ord. 1984 c. 11; CBC 1985 5-5.5)
5-5.6   Bonds of Officers and Subordinates.
   (A)   The Collector-Treasurer, Supervisor of Budgets and the City Auditor, before, and the City Clerk, within five days after, entering upon the duties of their respective Offices and annually thereafter and at such other times as the Mayor shall determine, shall give bond to the city, in the case of the Collector-Treasurer, in the penal sum of $500,000, in the case of the City Auditor, and the Supervisor of Budgets, in the penal sum of $100,000, and in the case of the City Clerk, in the penal sum of $5,000.
   (B)   Every bond given under this Section shall be upon the condition that the person named therein as principal and all his or her subordinates shall, while he or she continues in Office, by reappointment, re-election or otherwise, faithfully discharge their duties and trusts, and safely hold and lawfully dispose of and account for all money and other property belonging to the city or county which may come into his or her possession or that of his or her subordinates; and that he or she shall deliver, according to law, to his or her successor in Office or such other person as may be authorized to receive the same all money and other property in his or her possession or that of his or her subordinates belonging to the city or county. Every bond given under this Section shall be executed by a surety company authorized to transact business in the commonwealth as surety, shall be approved by the Mayor and shall be filed with the City Auditor, except that the bond of the City Auditor shall be filed with the Collector-Treasurer.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 2; CBC 1975 Ord. T5 § 102; Ord. 1979 c. 23; CBC 1985 5-5.6)
Cross-reference:
   Ord. ss 6-3.4; CBC 1975 Ord. T6 § 1, 153
5-5.7   Personal Liability of Auditor and/or Collector-Treasurer.
   In the event city funds are expended, with the approval of the City Auditor and/or Collector- Treasurer, in a manner contrary to the provisions of a city ordinance and such Auditor and/or Collector- Treasurer knows such expenditure to be in contravention of such ordinance, such Auditor and/or Collector-Treasurer shall be held personally liable in his or her individual capacity for any such city expenditure; and the Corporation Counsel shall bring civil action against the person of such Auditor and/or Collector-Treasurer to recover any funds so expended for the city; in the event the Corporation Counsel fails or refuses to so proceed against such Auditor and/or Collector-Treasurer the Boston City Council may retain special counsel to so proceed.
(Ord. 1979 c. 19; CBC 1985 5-5.7)
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