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The City Auditor may appoint, subject to the approval of the Mayor, a Deputy City Auditor, who shall be sworn to the faithful discharge of his or her duties and shall hold Office until his or her successor is appointed and qualified. The Deputy City Auditor shall perform such duties as may be assigned to him or her, from time to time, by the City Auditor. If, by reason of illness, absence or other cause, the City Auditor be temporarily unable to perform the duties of his or her Office, the Deputy City Auditor shall perform the same until such disability ceases.
(Ord. 1934 c. 5; Rev. Ord. 1961 c. 6 § 9; CBC 1975 Ord. T6 § 9; CBC 1985 6-1.9)
After an appropriation of money has been duly made by the city for any specific purpose, or for the needs and expenditures of any City Department or County Office, the City Auditor shall make transfers of the monies thus appropriated only in accordance with law, and shall make no transfer requiring approval by a yea and nay vote of two-thirds of all of the members of the Boston City Council under Section 1 of Chapter 604 of the Acts of 1941, as now or hereafter amended, unless the City Clerk shall certify that such approval has been given and the date thereof.
(Ord. 1972 c. 11 § 3; CBC 1975 Ord. T6 § 10; CBC 1985 6-1.10)
Cross-reference:
St. 1941 c. 604 § 1
In the event of an expenditure by any City Official of funds in excess of those appropriated by the City Council, such expenditure being in violation of CBC, St. 4, Sec. 4, the Boston City Council may, with the assistance of the Corporation Counsel or special counsel, on behalf of the city, seek a complaint or otherwise proceed against such Official for such violation in a court of appropriate jurisdiction.
(Ord. 1980 c. 3; CBC 1985 6-1.11)
Unless otherwise provided by law or such order, every annual appropriation order of the Boston City Council shall be deemed to contain the following standard provisions.
(A) No more than one-quarter of the funds appropriated for any fiscal year for permanent personnel shall be expended for such purpose in any 90-day period except with the express approval of the Mayor and City Council.
(B) No Official or employee of the city shall receive overtime pay in excess of 10% of his or her annual salary in any 12-month period unless such excess payment is expressly approved by the Mayor and City Council.
(C) All salaries for non-civil service positions in excess of $15,000 annually and all changes in such salaries shall be subject to approval of the City Council.
(D) Unless expressly approved by the Mayor and City Council, no Department or Agency of the city shall employ in any position within such Department or Agency any number of persons in excess of the number approved by the City Council.
(E) Unless expressly approved by the Mayor and City Council, no Department or Agency of the city shall expend funds in excess of $2,000 for contractual services for any purpose unless such funds and purposes were included on Form 6 of a program budget submitted to the Council in connection with an annual appropriation order prior to the expenditure of such funds.
(F) Unless expressly authorized by the Mayor and City Council, no person paid from funds appropriated by this order shall be paid by any Agency other than the Agency for which such person actually works.
(G) Passage of this order does not, either directly or implicitly, authorize or purport to authorize, any Department or Agency Head or any other appointing authority to disregard the provisions of M.G.L. Chapter 31 or the provisions of any other special or general law.
(H) Funds appropriated by this order shall not be used to advertise the name of any city official whether elected or appointed.
(I) Unless otherwise provided by law, or written contract predating such expense, after a payroll expense has been incurred by payment from any city payroll account such expense shall not be charged to any other account without approval of the Mayor and City Council.
(J) The City Auditor shall not knowingly approve any expenditure of funds in violation of this order and the Auditor is lawfully convicted of such violation the Auditor shall be subject to a fine not to exceed $1,000 for each such offense.
(Ord. 1980 c. 8 § 1; CBC 1985 6-1.12)
(A) There shall be in the City a Department, known as the Assessing Department, which shall be under the charge of a Board consisting of an Officer, known as the Commissioner of Assessing, appointed by the Mayor for a term expiring on the first Monday of January following the next biennial municipal election at which a Mayor is elected, and of two other Officers, known as Associate Commissioners of Assessing, each appointed by the Mayor for a like term. The Mayor shall, from time to time, by a writing filed with the City Clerk designate one of the Associate Commissioners of Assessing as the Associate Commissioner of Assessing for Motor Vehicle Excises and the other as the Associate Commissioner of Assessing for Poll Taxes.
(B) Said Board shall divide the Assessing Department, from time to time, into a Real Estate Appraisal Division, a Statistical Research Division, and such other Divisions as said Board shall adjudge necessary for the proper conduct of the Department.
(Ord. 1958 c. 4 § 3; Ord. 1961 c. 1 § 4; Rev. Ord. 1961 (Sup. 1971) c. 5 § 1; CBC 1975 Ord. To § 100; CBC 1985 6-2.1)
Cross-reference:
Ord. ss 17-14.1
Editor’s note:
By St. 1963 C. 160 the poll tax was abolished.
The Commissioner of Assessing shall, for the Assessing Department including the Board of Review, exclusively have the power, and perform the duties, conferred or imposed by law on the Assessor in existence immediately prior to the taking effect of this Section with respect to the acquisition and disposal of property, the making of contracts and the appointment, suspension, discharge, compensation and indemnification of subordinates. The Commissioner of Assessing shall also have the powers and perform the duties conferred or imposed by law on the Assessor and the Board of Review in the Assessing Department in existence immediately prior to the taking effect of this Section with respect to taxes other than Poll and Motor Vehicle Excise Taxes, and shall further have the powers and perform the duties, from time to time, conferred or imposed on Assessors of cities in the commonwealth by General Laws applicable to Boston with respect to taxes other than Poll and Motor Vehicle Excise Taxes.
(Rev. Ord. 1961 c. 5 § 1; Ord. 1961 (Sup. 1971) c. 1 § 4; CBC 1975 Ord. To § 101; CBC 1985 6-2.2)
Cross-reference:
M.G.L. Chapter 59
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