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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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5-5.34   Annual Reports of Departments.
   Every Officer in charge of a Department shall, within 30 days after the close of the financial year, transmit to the Mayor a report containing a statement of the acts and doings, and receipts and expenditures, of the Department for such financial year, together with such other matters as may be required by law, or as the Mayor or Officer may deem to be of public interest. Every Board within a Department not subject to the supervision or control of the Officer in charge of the Department shall make an annual report containing a statement of its acts and doings and such other matters as may be required by law or as it or the Mayor may deem to be of public interest, which report shall be annexed by the Officer in charge of the Department as an appendix to his or her annual report.
(Ord. 1954 c. 2 § 12; Rev. Ord. 1961 c. 3 § 25; CBC 1975 Ord. T5 § 126; CBC 1985 5-5.34)
Cross-reference:
   Ord. ss 6-1.8; Ord. ss 11-1.1; Ord. ss 12-3.2; Printing of Reports, 5-1.10
5-5.35   Notice of Illness of Inmates of Public Institutions.
   Every Officer or Board in charge of a public institution shall, in case of serious illness of any inmate of such institution, notify or cause to be notified, promptly, the nearest relatives or friends of such inmate.
(Ord. 1900 c. 3; Rev. Ord. 1961 c. 3 § 27; CBC 1975 Ord. T5 § 127; CBC 1985 5-5.35)
Cross-reference:
   Ord. ss 12-8.3
5-5.36   Equal Opportunity Policy.
   No Officer of the city shall deny to any person access to opportunity, including without limitation employment, educational and recreational opportunity, solely by reason of sex or gender identity or expression. It shall be the policy of the city to afford to every person equal access to opportunity, including without limitation employment, educational and recreational opportunity.
(Ord. 1974 c. 4; CBC 1975 Ord. T5 § 128; CBC 1985 5-5.36; Ord. 2002 c. 9)
5-5.37   Public Access to Computerized Information.
   (A)   Notwithstanding any ordinance to the contrary, all information gathered for or stored in computerized, data processing, “mini computers”, punch card data banks or any other retrieval systems operated, leased or owned by any City Agency shall be considered as public records under the law. This Section shall apply to operations in Little City Halls and every City Agency financed in part or whole with federal funds.
   (B)   This Section shall apply to information in the aforesaid systems relating to City Agencies, whether stored centrally, in a network informational system or a data bank located any distance outside Boston. Upon the written request of any citizen, City Agency or news media representative, information shall be produced within a reasonable time for inspection and a record copy issued at cost. Nothing herein shall be construed to create a right in other than the City Agency owning or operating said data bank to request information through other than an existing city owned or leased computer program or to reprogram said computer system.
   (C)   This Section shall not apply to any data or information exempt from disclosure by commonwealth or federal law or rule of court and is subject to the provisions of M.G.L. Chapter 66A or any similar federal law.
(Ord. 1979 c. 9; CBC 1985 5-5.37)
5-5.38   Public Information Officer; Prohibition of.
   On or after July 1, 1980, no person shall be paid from city funds, no matter the source, for public relations or public information purposes, unless the person receiving such payment is employed by the city in accordance with M.G.L. Chapter 31 as a Public Information Officer, or as an employee under the supervision of such an Officer; nor shall any person be employed as a Public Information Officer unless a specific appropriation has first been made for such position by order of the City Council. Public Information Officers so employed shall receive an annual salary of not less than $15,000 nor more than $20,000.
(Ord. 1980 c. 4; CBC 1985 5-5.38)
5-5.39   Comparable Worth Commission.
   (A)   There shall be hereby established in the city “the Comparable Worth Commission”, herein after referred to as the “CWC”.
   (B)   For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      COMPARABLE WORTH. The equalization of the salary levels of employment for males, females and minorities in similar or comparable job positions in the employ of the city, its Departments, Agencies, Boards, Commissions and/or Offices.
      COMPARABLE WORTH COMMISSION or CWC. The Commission of the city created by this Subsection.
      PERSONNEL DEPARTMENT OF THE CITY. The Department within the structure of the city that deals with matters of employment, its successors or assigns.
      RECLASSIFICATION AND PAY EQUITY STUDY. The study conducted by a private consultant hired by the Office of Personnel Management to examine and reclassify the city’s job positions.
   (C)   (1)   The CWC shall consist of 15 members, appointed by the Mayor, to serve staggered terms of one and two years. The members of the CWC shall be as follows:
         (a)   Six persons who are representatives of municipal labor unions and women’s advocacy organizations. Due consideration shall be given to appoint individuals who have a record of involvement with issues related to comparable worth;
         (b)   Two persons who are employed in the private sector;
         (c)   The Supervisor of the City of Boston Office of Labor Relations, to serve ex officio;
         (d)   The Mayor’s Advisor on Women’s Issues, to serve ex officio;
         (e)   The Director of the City of Boston Office of Personnel Management, to serve ex officio;
         (f)   The Director of the City of Boston Affirmative Action Office, to serve ex officio;
         (g)   The Director of the City of Boston Office of Budget and Program Evaluation, to serve ex officio;
         (h)   The Equal Rights Advisory to the Mayor, to serve ex officio; and
         (i)   A member of the Boston City Council designated by the President of the City Council.
      (2)   Members of the CWC shall serve without compensation and shall be designated special municipal employees for the purposes of M.G.L. Chapter 268A.
   (D)   The CWC shall provide advice on issues related to comparable worth to the Office of Personnel Management during the conduct of the reclassification and pay equity study. During the course of the study, the Office of Personnel Management shall consult with the CWC, or a subcommittee thereof, at CWC’s request upon reasonable notice, and shall provide access to information related to comparable worth issues, also at CWC’s request upon reasonable notice, prior to the Office of Personnel Management’s making decisions on comparable worth issues. The Supervisor of the Office of Labor Relations, the Commissioner of the Women’s Commission and, where appropriate, other Administration Officials, shall provide CWC with assistance at CWC’s request upon reasonable notice. The CWC shall meet at least monthly at the call of the Chair. Notwithstanding any other provision herein to the contrary, powers with respect to the executive and administrative business of the city remain with the Mayor, and he or she does not hereby delegate those powers to any person or entity.
   (E)   This Section shall take effect upon its passage.
(CBC 1985 5-5.39; Ord. 1987 c. 1, §§ 1-5; Ord. 1988 c. 12, §§ 1-5)
5-5.40   Notification of Employees Regarding Municipal Ethics Laws.
   Upon taking employment, a promotion and when leaving employment, every employee of the city shall be furnished a copy of the handbook, Introduction To The Conflict Of Interest Law for City Of Boston Employees, by the Human Resources Department, outlining the pertinent municipal ethics requirements under M.G.L. Chapter 268A. A Department Head shall explain relevant Sections to an employee and provide a certificate stating that an employee has received and read this handbook. Thereafter, a copy of each certificate shall be transmitted by the Department Head to the city’s Human Resources Department within five business days, and in the case of the Boston City Council or the City Clerk’s Office, to the Staff Director of the Boston City Council.
(CBC 1985 5-5.40; Ord. 1997 c. 7)
5-5.41   Reporting Requirements to the City Retirement Board.
   (A) The city’s Office of Human Resources, Workers’ Compensation division and every Officer in charge of a City Public Safety Department shall provide a copy of a notice of injury to the Boston Retirement Board within six months of receipt of notice of any injury alleged to have arisen out of and in the course of employment that incapacitates an employee from earning full wages for a period of five or more calendar days.
   (B)   Every Officer in charge of a City Department shall file the statements required by 840
CMR 10.07 with the Boston Retirement Board within ten business days, not including legal holidays, of the date that the Department head receives it.
   (C)   Every Officer in charge of a City Department shall annually, and upon appointment, attend an approved educational training seminar on disability retirement, as established and/or designated by the Boston Retirement Board.
   (D)   The provisions of these Sections shall be effective 30 days after passage.
(CBC 1985 5-5.41; Ord. 2008 c. 17)
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