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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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8-9.4   Boston Employment Commission.
   (A)   The Commission will be responsible for compliance review of all Covered Projects, including those monitored by the BPDA Compliance Office, and enforcing this Section, up to and including the imposition of sanctions and fines.
   (B)   The Commission will be comprised of seven Commission members.
   (C)   The Mayor will appoint all Commission members. The Mayor will select either one or two Commission members from recommendations made by organizations dedicated to workers’ rights in the city, one Commission member from recommendations made by labor unions including SEIU and trade unions, one Commission member from recommendations made by organizations representing the development community and one Commission member from recommendations made by organizations representing the non-profit development community.
   (D)   Commission members may serve a maximum of three consecutive two-year terms.
   (E)   The Chairperson of the Commission shall be designated by the Mayor and shall serve in that capacity for a term of two years.
   (F)   The Mayor may remove a Commission member, including a Chairperson, for cause by filing a written statement with the City Clerk. The Mayor’s decision shall be final.
   (G)   The Commission shall meet at least monthly.
   (H)   The Commission shall review each Covered Project at the 25%, 50%, 75% and 100% complete stage, measured by total worker hours completed. Commission review shall occur at least every three months, regardless of the stage of project completion.
   (I)   The Commission shall monitor Davis-Bacon Act requirements, being codified at 40 U.S.C. §§ 3141—3148, contained in City Agency or Boston Planning and Development Agency contracts. The Commission shall receive compliance information and shall forward any information concerning apparent noncompliance to appropriate federal Agencies.
   (J)   The Commission shall have the authority to promulgate regulations as to matters within the Commission’s purview after public notice and hearing and upon a vote of all members and is directed to consider The Policy Group on Tradeswomen’s Issues document entitled “Finishing the Job: Best Practices for Diversity in Construction” when promulgating regulations concerning how the Commission will assess efforts to comply with this Section.
(Ord. 1983 c. 30 § 5; CBC 1985 8-9.4; Ord. 2017 c. 1 § 5)
8-9.5   Training Program.
   The city shall establish or cause to be established, either independently or in concert with craft unions, and construction contractors, job training programs to train minorities, Boston residents and women for skilled or semi-skilled construction jobs; or all bidders and all subcontractors under the bidder shall maintain and participate in an approved apprentice training program as defined by M.G.L. Chapter 23, Sections 11H and 11I for each apprenticeable trade or occupation represented in his or her workforce that is approved by the Division of Apprentice Training of the Department of Labor and Industries and must abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract. These programs shall be supervised by the Agency.
(Ord. 1983 c. 30 § 6; CBC 1985 8-9.5; Ord. 1998 c.1 § 4)
8-9.6   Fines.
   Any person who provides false information regarding his or her residence address shall be subject to a fine of not more than $300.
(Ord. 1983 c. 30 § 7; CBC 1985 8-9.6)
8-9.7   Independent Agencies.
   Any and all activities of any independent Agency, operating or acting on behalf of the city, including, but not limited to, the Boston Redevelopment Authority and the Economic Development and Industrial Corporation shall comply with the provisions of this Section.
(Ord. 1983 c. 30 § 8; CBC 1985 8-9.7)
8-9.8   Sanctions.
   (A)   The Commission shall determine compliance with the Boston Residents Jobs Policy standards and the compliance standards listed in Subsection 8-9.3. The Commission shall gather and receive compliance information, investigate non-compliance complaints and make compliance determinations.
   (B)   The Commission shall have the power to impose sanctions upon developers, general contractors/construction managers and subcontractors found to be in non-compliance with this Section. Sanctions may be imposed by a majority vote of the members of the Commission present. Developers may be fined for violations of the Ordinance by general contractors/construction managers and subcontractors on their projects.
      (1)   For city-funded projects, penalties and fines may include:
         (a)   Fines to a maximum of $300 for each violation. A violation occurs where a general contractor/construction manager or subcontractor has not complied with this Section. Each day of noncompliance will be considered a separate violation; and
         (b)   Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects.
      (2)   For Major Development Projects, penalties and fines may include:
         (a)   Fines to a maximum of $300 for each violation. A violation occurs where a developer, general contractor/construction manager or subcontractor has not complied with this Section or analogous provision of any agreement with the Boston Planning and Development Agency. Each day of noncompliance will be considered a separate violation; or
         (b)   Creation of a record of non-compliance with city policy that may be considered when awarding future construction contracts on city-funded projects.
   (C)   The city may suspend the work of, or payments to, general contractors/construction managers who violate this Section on city-funded projects, until compliance is obtained, and may terminate their contract after repeated violations.
   (D)   General contractors/construction managers and selected subcontractors will be required to make periodic appearances before the Commission to review and provide updates on projects. Appearing parties should bring all documentation of compliance. The assigned compliance monitor will prepare and present a report regarding the following:
      (1)   Statistics for top five trades and subcontractors;
      (2)   Average payroll submission time;
      (3)   Project work hours completed by Boston Residents, people of color and women; and
      (4)   Compliance with steps listed in Subsection 8-9.3(A)(2).
   (E)   Any party may appeal a vote to issue a fine under this Section for reconsideration by the Commission. Such appeal must be made in writing and must include a memorandum of no more than five pages explaining the reasons why the Commission’s decision should be reversed. Such appeal must be received by the Commission within 30 days of the hearing date at which the fine was ordered. Upon receipt of a timely appeal, the Commission must schedule the appeal for a hearing and send notice of the same to the appealing party and the assigned compliance monitor. At the hearing, the appealing party and the assigned compliance monitor may present additional relevant evidence. At the conclusion of the hearing, the Commission shall determine whether to vacate its initial findings based on the evidence presented on appeal.
(CBC 1985 8-9.8; Ord. 2017 c. 1 § 6)
8-9.9   Boston City Council Review.
   Each year in April and October, the Boston City Council will hold a hearing to review the work of the Boston Employment Commission during the preceding six months based on a report that itemizes the number of compliance determinations, the number of developers, general contractors/construction managers and subcontractors determined to be out of compliance; the number of sanctions levied; the amount of the sanctions levied; the number of sanctions received by developers and general contractors/construction managers and subcontractors in each of the 22 trades; the total number of work hours, trade by trade; and the percentage of total hours, trade by trade performed by Boston workers, people of color and women during the preceding six months. The Boston Employment Commission will also provide data and information that will enable the Boston City Council to make a recommendation as to whether the goals for people of color or female worker hours should be raised.
(CBC 1985 8-9.9; Ord. 2017 c. 1 § 6)
8-9.10   Hiring Discretion.
   This Policy does not limit contractors’ or subcontractors’ ability to assess qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Policy shall be interpreted so as to require a contractor or subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker.
(CBC 1985 8-9.10; Ord. 2017 c. 1 § 6)
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