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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
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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SECTION 67.   Publication of City Record.
   [T]here shall be published at least once a week and distributed and sold under the direction of the mayor and on terms to be fixed by the city council and approved by the mayor a paper to be known as the “City Record.” All advertising with reference to the sale of property for non-payment of taxes shall appear exclusively in the City Record. All other advertising, whether required by law or not, with reference to the purchase or taking of land, contracts for work, materials or supplies, and the sale of bonds, shall appear in said paper, and in such newspaper or newspapers as the mayor, in his discretion, may order; a list of all contracts of one thousand dollars or more, as awarded, with the names of bidders, and the amount of the bids; appointments by the mayor; and changes in the number and compensation of employees in each department, shall be published in the City Record. Failure to publish in such newspaper or newspapers as the mayor may order shall not invalidate any purchase, contract or sale made or action taken by the city. The proceedings of the city council and school committee together with all communications from the mayor shall be published in the City Record; provided, that the substance of debates by and among the members of the city council shall not be so published or published elsewhere at the expense of said city.
[Acts of 1909, c. 486, s. 29, amended by Acts of 1934, c. 185, s. 1, and further amended by Acts of 1947, c. 447, s. 1]
SECTION 68.   Certain Contracts to be Made in Quintuplicate.
   Every officer or board in charge of a department in the city of Boston and every officer, board or official of the county of Suffolk having power to incur obligations on behalf of said county in cases in which such obligations are to be paid for wholly from the treasury of the city shall: (i), if authorized to erect a new building or to make structural changes in an existing building, make not more than 5 contracts therefore, each such contract subject to the approval of the mayor; and (ii), if about to do any work or make any purchase, the estimated cost of which, alone or in conjunction with other similar work or purchase may properly be included in that same contract, amounts to or exceeds the threshold amount for a purchase requiring competitive, sealed bids or proposals under chapter 30B of the General Laws, invite solicitations therefor by advertisements in the City Record unless the mayor gives written authority to do otherwise. Such advertisement shall state the time and place for opening solicitations in answer to the advertisement and shall reserve the right of such officer or board to reject any solicitation. No authority to dispense with advertising shall be granted by the mayor unless such officer or board furnishes the mayor with a signed statement. Such statement shall provide, in detail, the reasons for not inviting solicitations by advertisement and shall be published in the City Record.
[Acts of 1909, c. 486, s. 30, amended by Acts of 1955, c. 60, s. 2, amended by Acts of 1992, c. 373, s. 2 and further by Acts of 1998, c. 262, s. 2]
SECTION 69.   Contracts to be Accompanied by Sureties.
   All contracts made by any department of the city of Boston or by any officer, board or official of the county of Suffolk having power to incur obligations on behalf of said county in cases in which such obligations are to be paid for wholly from the treasury of the city, shall, if the amount involved amounts to or exceeds the threshold amount for purchases requiring competitive, sealed bids or proposals under chapter 30B of the General Laws or if the contract is subject to section 30 of chapter 486 of the acts of 1909, be reduced to writing. No such contract shall be deemed to have been made or executed until the approval of the mayor of the city has been affixed thereto in writing and the auditor of the city has certified thereon that an appropriation is available therefor or has cited thereon the statute under authority of which the contract is being executed without an appropriation. All such contracts shall be accompanied by a suitable bond or deposit of money or other security for the faithful performance of such contracts, and such bonds or other security shall be deposited with the city auditor until the contract has been carried out in all respects; and no such contract shall be altered except by a written agreement of the contractor, the sureties on his or their bond, and the officer, board or official making the contract, with the approval of the Mayor affixed thereto.
[Acts of 1890, c. 418, s. 6, amended by Acts of 1939, c. 156, s. 2, amended by Acts of 1998, c. 262, s. 1 and further by Acts of 2011 c.196 s.1]
THE SCHOOL COMMITTEE AND SUPERINTENDENT.
SECTION 70.   Establishing a School Committee.
   Subject only to the provisions of [chapter one hundred and eight of the acts of the year nineteen hundred ninety-one] the school committee of the city of Boston shall consist of seven appointed members. The mayor of Boston shall have the power to appoint the seven members of the school committee subject to the provisions governing the nominating panel as set forth in [chapter one hundred and eight of the acts of the year nineteen hundred ninety-one]. The members of the school committee shall at all times during their terms of office be Boston residents. The mayor shall strive to appoint individuals who reflect the ethnic, racial and socioeconomic diversity of the city of Boston and its public school population.
[Acts of 1991, c. 108, s. 2]
SECTION 71.   Terms of Office for School Committeemembers.
   The term of office of the members of the school committee shall be four years and shall commence on the first day of the municipal year ... . The office of each member shall expire upon the expiration of the term of said member and shall become vacant. Any member whose term of office shall expire may be considered for reappointment, but only if renominated by the nominating panel. A president of the school committee shall be elected annually by its members at the first meeting in each municipal year.
[Acts of 1991, c. 108, s. 4]
SECTION 72.   Establishing a Superintendent.
   The school committee of the city of Boston shall, by majority vote of the whole number of its members, elect and contract with a superintendent of schools for any period of time not to exceed six years. The school committee exclusively shall fix the compensation of such superintendent, which sum shall be in full for all services rendered to said city. The school committee may remove the superintendent for just cause by a vote of three-fifths of the whole number of its members after proper notice and public hearing. The superintendent shall upon taking employment become, and during such employment remain, a resident of said city as the term resident may be defined by ordinance. Failure to maintain such residence shall be deemed a voluntary termination of employment.
   The superintendent of schools shall be the executive officer of the school committee in all matters pertaining to the powers and duties of the school committee. The school committee shall take no action on any particular matter without first receiving the superintendent’s recommendation thereon. The superintendent shall give his recommendation before or during the regularly scheduled meeting of the school committee next following the meeting at which the particular matter is raised and at which the superintendent is asked to prepare a recommendation thereon; provided, however, that the superintendent in his sole discretion may elect to present any such recommendation at the school committee meeting at which the particular matter is raised or thereafter but prior to the next regularly scheduled school committee meeting. Any such recommendation of the superintendent shall include the superintendent’s estimate of the cost or savings involved, if any, and if the superintendent estimates that there are costs involved, the recommendation shall identify available budgeted funding sources or new funding sources. If the superintendent fails to make a recommendation on a particular matter when raised at such next regularly scheduled school committee meeting, the school committee may take action thereon without receiving the superintendent’s recommendation.
   The superintendent of schools shall at the beginning of the term for which he was appointed, submit to the school committee a management plan for all administrators and community and deputy superintendents serving at the discretion of said superintendent. The school committee of said city, in the year nineteen hundred and eighty-nine and every sixth year thereafter or in the year when a superintendent is appointed shall vote by a two-thirds majority to accept or reject the management plan submitted by the superintendent of schools. The school committee shall accept a management plan of the superintendent on or before September first in the year that the superintendent is appointed to term.
[Acts of 1906, c. 231, s. 1, amended by Acts of 1986, c. 701, s. 1, and further amended by Acts of 1987, c. 613]
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