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)

5-5.8 Bonds Not Required by Statute or Ordinance.

   Every person entrusted with the collection, custody or disbursement of public monies who is not required by statute or other ordinance to give bond shall, if the Officer appointing him or her so requires, give before entering upon the duties of his or her Office or position and annually thereafter and at such other times as such Officer shall determine, a bond running to the city or, if such Officer is bonded to the city upon the condition set forth in Subsection 5-5.6, to such Officer, in such penal sum not exceeding $20,000, with such surety, and upon such condition as such Officer shall prescribe. Every bond given under this Section running to the city shall be filed with the City Auditor.

(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 3; CBC 1975 T5 § 103; CBC 1985 5-5.8)

Cross-reference:

   Ord. ss 6-1.2