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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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APPENDIX B
STATEMENT OF CANDIDACY
 
   THE COMMONWEALTH OF MASSACHUSETTS
   CITY OF BOSTON
   STATEMENT OF CANDIDACY
   A nomination petition shall be issued only to a person subscribing after the twenty-third Tuesday, and before the nineteenth Tuesday at 5:00 P.M., preceding the preliminary election, in a book kept for the purpose by the election commission, a statement of candidacy in substantially the following form:
   The Commonwealth of Massachusetts
   City of Boston
   Statement of Candidacy
 
   I, (name with first or middle name in full), under the pains and penalties of perjury declare that I reside at (street and number, if any) in District (number) of the City of Boston; that I am a registered voter of said City duly qualified to vote for a candidate for the office hereinafter mentioned; that I am a candidate for nomination for the office of (Mayor or City Councillor-at-Large or City Councillor representing District (number)) ______; that I request that my name be printed as such candidate on the official ballot to be used at the preliminary municipal election to be held on Tuesday, __________________, 19___, for the purpose of nominating candidates for election to such office; and that I also request that my nomination petition contain the following statement (not exceeding eight words) concerning the elective public offices now or formerly held by me:
___________________________________________
Signature of Candidate
[Acts of 1948, c. 452, s. 55 as amended by Acts of 1951, c. 376, s. 2.55 as further amended by Acts of 1983, c. 342, s. 3, as further amended by Acts of 2004, c. 476, ss. 3, 4]
APPENDIX C
NOMINATION PETITION
   A nomination petition may consist of one or more sheets; but each sheet shall be in substantially the following form.
   Every nomination petition sheet shall, before issuance, be prepared by the election commission by printing or inserting thereon the matter required by the first two paragraphs of the [] form [contained in this Appendix]. Not more than three hundred nomination petition sheets shall be issued to any candidate for nomination to the office of mayor under Plan A and not more than one hundred and fifty such sheets shall be issued to any candidate for nomination to the office of city councillor-at-large ... . Not more than twenty nomination sheets shall be issued to any candidate for nomination to the office of district city councillor....No nomination petition sheet shall be received or be valid unless prepared and issued by the election commission; nor shall any such sheet be received to be valid unless the written acceptance of the candidate thereby nominated is endorsed thereon, anything in section three A of chapter fifty of the General Laws to the contrary notwithstanding. [Acts of 1948, c. 452, s. 55, amended by Acts of 1951, c. 376, s. 2.55A, amended by Acts of 1983, c. 342, s. 4, and further amended by Acts of 2004, c. 476, ss. 5, 6]
   FORM FOR NOMINATION PETITION
   IS INCLUDED ON THE FOLLOWING PAGE
   THE COMMONWEALTH OF MASSACHUSETTS
   CITY OF BOSTON
   NOMINATION PETITION
   Whereas (name of candidate) residing at (street and number, if any) in District (number) of the City of Boston, (here insert any lawfully requested statement concerning the elective public offices held by candidate) is a candidate for nomination for the office of (Mayor or City Councillor-at-Large or District City Councillor...), the undersigned, registered voters of the City of Boston, duly qualified to vote for a candidate for said office, do hereby request that the name of said (name of candidate) as a candidate for nomination for said office be printed on the official ballot to be used at the preliminary municipal election to be held on Tuesday, __________, 19__.
   Each of the undersigned does hereby certify that he or she has not subscribed (if the petition relates to the office of mayor or district city councillor.... here insert: any other nomination petition for said office; if the petition relates to the office of city councillor-at-large ... , here insert: more than three other nomination petitions for said office).
   In case the above-named candidate withdraws his name from nomination or is found to be ineligible or dies, we authorize (names and residences of a committee of not less than five persons) or a majority thereof as our representatives to fill the vacancy in the manner prescribed by law.
 
SIGNATURE OF NOMINATOR
 
(To be signed by the nominator in person with the nominator’s name precisely as given when the nominator registered to vote)
CURRENT RESIDENCE
 
(If the nominator’s current residence is not the address at which the nominator is registered to vote then the nominator shall complete the column titled “Residence of Registration”)
WARD
PRECINCT
RESIDENCE OF REGISTRATION 
 
(If the nominator is not registered to vote at the “Current Residence” then the nominator shall complete this column)
 
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.                                 Boston,______________, 19____.
   The undersigned, being the circulator or circulators of this sheet, severally certify, under the pains and penalties of perjury, that the persons whose names are written upon the lines the number of which appear opposite our signatures below, signed the same in person.
 
NAMES AND ADDESSES OF PERSONS CIRCULATING THIS SHEET
NUMBERS OF LINES UPON WHICH APPEAR SIGNATURES AS TO WHICH CERTIFICATION IS MADE HEREBY
NAME
ADDRESS
 
I hereby accept the nomination.
____________________________________
Signature of Candidate
This nomination petition sheet filed by ______________________
APPENDIX D
FORM FOR ELECTION BALLOTS
   On the day of the posting provided for by section [twenty-six C], or as soon thereafter as conveniently may be, the election commission shall draw by lot the position of the candidates on the ballot. Each candidate shall have an opportunity to be present at such drawing in person or by one representative. As soon as conveniently may be after such drawing, the election commission shall cause the ballots to be printed. Said ballots shall, in addition to the directions and numbers provided for by section [twenty-eight], contain, in the order drawn by the election commission, the names posted as aforesaid (except those of candidates deemed under section [twenty-six C] to have been nominated), and no others, with a designation of residence and district and the title and term of the office for which the person named is a candidate, and the statement, if any, contained in his nomination petition concerning the elective public officers held by him. Said ballots shall be official and no others shall be used at the preliminary election. Said ballots shall be headed as follows:
 
   OFFICIAL PRELIMINARY MUNICIPAL ELECTION BALLOT
 
   Candidates for nomination for the offices of _____________________________ in the
 
City of Boston at the preliminary municipal election to be held on Tuesday, ___________, 19_____.
 
The heading of said ballots shall be varied in accordance with the offices for which nominations are to be made. [Acts of 1948, c. 452, s. 58, amended by Acts of 1951, c.376, s. 2.58, and further amended by Acts of 1983, c. 342, s. 8]
APPENDIX E
CERTIFICATE OF APPOINTMENT FOR HEADS OF DEPARTMENTS
In making such appointments the mayor shall sign a certificate in the following form:
 
   Certificate of Appointment
 
   I appoint (Name of Appointee) to the position of (Name of Office) and I certify that in my opinion he is a recognized expert in the work which will devolve upon him, and that I make the appointment solely in the interest of the city.                                                      , Mayor.
 
   Or in the following form, as the case may be:
 
   Certificate of Appointment
 
   I appoint (Name of Appointee) to the position of (Name of Office) and I certify that in my opinion he is a person specially fitted by education, training, or experience to perform the duties of said office, and that I make the appointment solely in the interest of the city.                     , Mayor
 
   The certificate shall be filed with the city clerk, who shall thereupon forward a certified copy to the civil service commission. The commission shall immediately make a careful inquiry into the qualifications of the nominee under such rules as they may, with the consent of the governor and council, establish, and, if they conclude that he is a competent person with the requisite qualifications, they shall file with the city clerk a certificate signed by at least a majority of the commission that they have made a careful inquiry into the qualifications of the appointee, and that in their opinion he is a recognized expert, or that he is qualified by education, training or experience for said office, as the case may be, and that they approve the appointment. Upon the filing of this certificate the appointment shall become operative, subject however to all provisions of law or ordinance in regard to acceptance of office, oath of office, and the filing of bonds. If the commission does not within thirty days after the receipt of such notice file said certificate with the city clerk the appointment shall be void. [Acts of 1909, c.486, s. 10]
APPENDIX I
PLAIN LANGUAGE VERSION OF THE BOSTON CITY CHARTER
   Boston City Charter—Plain Language
   Table of Contents
General Provisions
Section 1   Definitions
Section 2   Possible Types of Government
Section 3   How a New Plan of Government is Chosen
Section 4   Reserved
Section 5   Reserved
Section 6   Minimum Length of Plan
Section 7   Other Requirements for a New Plan
Section 8   End of Term for Current Officials
Section 9   Beginning and End of Fiscal and Municipal Years
Form of Government: Modified Plan A
Section 10   Plan A
Section 11   Definitions of Mayor, City Council, and School Committee
Section 11A    Requirement to Take an Oath
Section 11B    When the Mayor’s Office is Vacant
General Powers of Mayor and City Council
Section 12   How Long Mayor Serves
Section 13   Special Election for New Mayor
Section 13A    Salary of the Mayor
Section 14   City Councillors
Section 15   When a City Councillor-at-Large’s Office is Vacant
Section 15A    When a District City Councillor’s Office is Vacant
Section 15B    Rules and Exceptions for Special Elections
Section 16   Salary of City Councillors
Section 17   Electing a City Council President
Section 17A    The Mayor May Summon a Meeting of City Council
Section 17B    City Council’s Control over Offices
Section 17C    How the City Council Votes in Elections
Section 17D    Mayor’s Approval of City Council Actions
Section 17E    Ordinances and Loan Orders
Section 17F    City Council’s Requests for Specific Information
Section 17G    Contracts Made by City Councillors
Section 17H    City Councillors Holding Other Offices
Section 17I     Summons and Subpoena Powers
City Districts
Section 18   Boundaries for City Council Districts
Section 19   No Wards
Section 20   City Councillors Must Live in Their District
Procedures Relating to Elections
Section 21   City Elections
Section 22   Different Kinds of Elections
Section 23   Qualifications for Candidates
Section 24   Statement of Candidacy/Signing the Book
Section 24A    Nomination Petitions
Section 25   Signature Requirements for Nomination
Section 26   Counting the Signatures
Section 26A    How Voters Can Try to Stop a Nomination Petition
Section 26B    Quitting and Substituting for Non-Mayoral Candidates
Section 26C    Informing Voters about the Candidates
Section 27   Printing of Preliminary Ballots
Section 28   Description of Ballot and Ballot Position Drawing
Section 29   Counting of Preliminary Ballots
Section 30   Who Wins a Preliminary Election
Section 31   Printing of Names on General Election Ballots
Section 32   No References to Political Parties on Ballots
Section 33   Write-In Votes
Organization of City Departments
Section 34   Changing Departments and Agencies
Section 35   Appointments by the Mayor
Section 36   Making Sure that Mayoral Appointments are Qualified
Section 37   Expenses of the Civil Service Commission
Section 38   What Happens When a Department Head’s Office is Vacant
Section 39   How Long Members of Boards and Department Heads Serve
Section 40   Removing Heads of Departments
Section 41   Exceptions to Civil Service Laws
Section 42   Officials May Not Spend More Money than is Allocated
Section 42A   Renewing Contracts Prior to Approval of the Budget
The Finance Commission
Section 43   Creation of a Finance Commission
Section 44   Investigations and Reports
Section 45   Commencing an Investigation
Section 46   Commission Funds
Section 47   Powers of the Finance Commission
Public Spending
Section 48   Creation and Approval of the Municipal Budget
Section 49   Spending Money before the New Budget is Passed
Section 50   Moving Money
Section 51   Acceptance, Receipt, and Expenditure of Grants/Gifts
The City Clerk and the City Auditor
Section 52   How Long the City Clerk Serves
Section 53   Duties of City Auditor
Section 54   When Too Little or Too Much is Spent
Section 55   Double Checking the City’s Finances by an Audit Committee
Fiscal Responsibilities
Section 56   Emergency (Reserve) Fund
Section 57   Employee Spending and Moving Money
Section 58   Guarantees for the Hospitalization and Insurance Account
Public Facilities Commission and Surplus Property
Section 59   Acquiring/Taking Land for Municipal Purposes
Section 60   Changing the Use of Land
Section 61   Leasing or Selling Surplus Land (not Parks and Playgrounds)
Section 62   Money from the Sale of Land
Section 63   Off-Street Parking Structures as Extra Property
Miscellaneous Provisions
Section 64   Loans Made by the City of Boston
Section 65   List of Department Employees
Section 66   Powers of the Board of Street Commissioners
Section 67   Contents and Publication of the City Record
Section 68   Making Certain Contracts and Publishing Proposals
Section 69   Requirements of Contracts (Sureties)
The School Committee and Superintendent
Section 70   Creating a School Committee
Section 71   How Long Members Serve—Election of President
Section 72   Appointing a Superintendent’s and Duties of Superintendent
Section 73   Superintendent’s Authority to Hire, Fire, and Promote
Section 74   Budget and Contracts
Section 75   Getting and Spending School Department Money
Section 76   Assistant to the President of the School Committee
Section 77   Nominating Panel
Section 78   Choosing Nominees for the School Committee
Boston City Charter – Plain English
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