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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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5-8.1   Corporation Counsel.
   The Law Department shall be under the charge of the Corporation Counsel, who shall furnish opinions on the law of any subject or question that may be submitted to him or her by the Mayor or the Boston City Council and on any subject or question relating to the discharge of their or his or her official duties that may be submitted to him or her by the School Committee, by any Committee of the City Council, or by four members of the City Council, or by any Officer in charge of a Department of the city government; provided, however, that in the event the interests of the Mayor and Council appear to the Council to be divergent or in conflict, the Council may have the benefit of the services of special counsel; shall, on application, advise any officer or employee of the city on any question of law connected with the discharge of his or her official duties; shall, subject to the direction of the Mayor, or of any Committee of the Boston City Council having charge of matters before the general court of the commonwealth, appear by himself or herself or assistants as Counsel for the city before the general court or before any Committee thereof, when the interest or welfare of the city is directly or indirectly affected; shall draft and approve the form of all written contracts; shall by himself or herself or by the city conveyancers examine all titles to real property which the city is to acquire, and furnish without charge all deeds or other legal papers necessary for the transfer of property to or from the city which the city is required by law, or has been accustomed, to so furnish; and shall audit all bills incurred by the Department; shall, subject to the direction of the Mayor, institute any suit or proceeding in behalf of the city which he or she shall deem the interest of the city requires; shall by himself or herself or by his or her assistants in the Law Department appear as Counsel in all suits, actions or prosecutions which may involve the rights or interests of the city, and defend the officers of the city in suits against them for their official actions, or for the performance of their official duties, or when any estate, right, privilege, interest, ordinance, act or direction of the city is brought in question; may take such steps, and incur such expenses, for the prosecution and defense of suits as he or she deems necessary; shall examine into the settlement of a claim when requested so to do by the Mayor or the head of any Department, and, if he or she deems such settlement advantageous to the city, shall approve the same; and may settle any suit against the city. All trustees, officers, members, employees and volunteers as well as every other person who shall, on a part-time and consultative basis, perform any professional services for the Boston Groundwater Trust, shall be advised, on application, by the City Law Department on any question of law connected with the discharge of their official duties. The City Law Department shall appear as Counsel in any suits, actions or prosecutions which may involve the rights or interests of the Trust, and defend the trustees, officers, employees or volunteers of the Trust in suits against them for their official actions, or for the performance of their official duties, or when any estate, right, privilege, interest, ordinance, act or direction of the Trust is brought in question; the City Law Department may take such steps, and incur such expenses, for the prosecution and defense of suits as the Corporation Counsel deems necessary; and the City Law Department shall look into the potential settlement of a claim when requested so to do by the co-chairs of the Trust and, if the Corporation Counsel deems such settlement advantageous to the Trust, may settle any claim or suit against the Trust, with the concurrence of the Board of Trustees of the Trust.
(Ord. June 18, 1827; Ord. April 2, 1866; Ord. March 25, 1882; Rev. Ord. 1961 c. 17 § 1; CBC 1975 Ord. T5 § 450; Ord. 1979 c. 14; CBC 1985 5-8.1; Ord. 2021 c. 16 § 1)
Cross-reference:
   Statutes, Title 3 § § 1, 2; Statutes, Title 4 §§ 1, 8; Ord. ss 5-5.25; Ord. ss 11-7.6
5-8.2   Prohibition.
   No person connected with the Law Department shall, except as hereinbefore provided, appear in court in any case to which the city is not a party.
(Rev. Ord. 1961 c. 17 § 2; CBC 1975 Ord. T5 § 451; CBC 1985 5-8.2)
5-9   BOSTON CULTURAL COUNCIL.
5-9.1   Creation; Members.
   Subject to the provisions of M.G.L. Chapter 10, Section 58 there shall be created the Boston Cultural Council consisting of at least 15 and not more than 21 members who shall be appointed by the Mayor for staggered terms of three years, with each member limited to two consecutive terms.
(CBC 1985 5-9.1; Ord. 2012 c. 2)
5-9.2   Qualifications for Members.
   The Council members shall have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities or interpretive sciences and shall be broadly representative of all fields of the performing arts, the fine arts and humanities. One member shall be appointed from each of the nine districts within the city and shall be a resident of that district for at least two years.
(CBC 1985 5-9.2; Ord. 2012 c. 2)
5-9.3   Purpose.
   The Boston Cultural Council shall distribute funds allocated by the commonwealth’s Cultural Council, a commonwealth Agency, to support innovative arts, humanities and interpretive sciences programming within the city as established under the provisions of M.G.L. Chapter 10, Section 58.
(CBC 1985 5-9.3; Ord. 2012 c. 2)
5-9.4   Election of Chair; Vacancy.
   Elected or appointed Public Officials shall not be eligible for membership on said Council. The Council shall elect a Chair, Secretary and Treasurer from among the membership. Upon a vacancy, for any reason, the member’s successor, if any, shall be appointed for a term of three years, and shall serve until the qualification of such member’s successor.
(CBC 1985 5-9.4; Ord. 2012 c. 2)
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