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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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11-3.4   Agencies Within the Department.
   Any Agency, purporting to exist as a City Agency on July 1, 1978, which was funded by a Council appropriation order as a City Agency separate and apart from the Mayor’s Office, even though such Agency might bear the words “Mayor’s Office of” in its title, except the Office of Fiscal Affairs, which is hereby created and placed within and made a part of the Administrative Services Department, and the Office of Property Equalization, which is hereby created and placed in and made a part of the Assessing Department, and except the so called “Mayor’s Office of Communications”, which is hereby abolished, which is funded to an extent of less than 50% of funds received by the city from the United States of America, which was not created by law or ordinance, and which continues to exist on the date on which this Section is in force, is hereby created and shall be on the date on which this Section is in force, is hereby created and shall be in and subject to the administrative control of the Department. All such Agencies in the future shall not bear the words “Mayor’s Office of” in their title.
(Ord. 1979 c. 22; Ord. 1980 c. 6; CBC 1985 11-3.4)
11-3.5   Agencies Not Created by Law or Ordinance Abolished.
   Any Agency, purporting to be an Agency of the City, which was not expressly created by law or ordinance, and which is not in this Department or in the Department of Federally Funded Agencies (as created by Section 5-2, when this Section is in force), shall be and hereby is abolished.
(Ord. 1979 c. 22; Ord. 1980 c. 6; CBC 1985 11-3.5)
11-3.6   Annual Report.
   On or before October 1, 1980, and on or before October 1 of each succeeding year, the Department shall report in writing to the Mayor and City Council. Such reports shall include, but not be limited to, a report on all Agencies within the Department, setting forth, in narrative style, their activities for the previous fiscal year, the goals for the succeeding year, which of its goals, as contained in its previous annual report were achieved, and which were not, and the reasons for any failures. The report shall also contain the number of employees, their salaries, job title and names, as well as any other information that might be of relevance in judging the costs and benefits of the Department to the taxpayer.
(Ord. 1979 c. 22; Ord. 1980 c. 6; CBC 1985 11-3.6)
11-3.7   Subordinate Positions.
   (A)   If for any reason any appointment to a position with the Department, excepting that of Commissioner, is not made in accordance with the provisions of M.G.L. Chapter 31, it shall be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the City Council, rules and regulations which shall:
      (1)   Ensure that for all appointments to positions within the Department made after June 30, 1978, every responsible effort shall be made to guarantee any resident of the city, who is qualified for any such position, timely notice that such position is available, reasonable opportunity to apply for such position and equal opportunity with all qualified applicants for appointment. All positions established and all appointments to positions in Agencies within the Department, excepting that of Commissioner, made after June 30, 1978, are hereby abolished and cancelled as of July 1, 1979, and if reestablished and new appointments made, such appointments shall be made in accordance with this Section;
      (2)   Ensure that all employees have equal opportunity for promotion, pay increases or other job related benefits based on their work performance as such employees;
      (3)   Ensure that any employee is protected in his or her employment against any inequitable threat of demotion, loss of pay, job termination or other unfair labor or discriminatory practice; and
      (4)   Ensure that any employee is given an opportunity to join a collective bargaining unit, if he or she so chooses, without interference from any official or employee of the city.
   (B)   In addition, it shall also be the responsibility of the Department to forthwith establish and promulgate, subject to approval of the City Council, job descriptions for all positions within Department which are not filled in accordance with the provisions of M.G.L. Chapter 31.
(Ord. 1979 c. 22; Ord. 1980 c. 6; CBC 1985 11-3.7)
11-3.8   Creating the Office of Public Service.
   (A)   Creation of Department of Social Services. There is hereby created within the Department of Neighborhood Services (hereinafter “NHS”) an Office to be known as the Office of Public Service (hereinafter “OPS”) which shall be under the charge of an Officer, known as the Director, appointed by the Commissioner of NHS who shall have the powers and perform the duties imposed upon him or her by law, and who shall receive an annual salary not to exceed $29,000.
   (B)   Duties of Director. The Director may, subject to appropriations, from time to time, establish within the Office such divisions as may be necessary for the efficient and economical administration of the Office, and when necessary for such purpose, he or she may abolish any such division, or he or she may merge any two or more of them, and may abolish or merge any such other administrative units within divisions as he or she may deem advisable. The Director shall prepare and keep current a statement of the organization of the Office, of the assignment of functions to its various administrative units, and employees, and of the places at which and the methods whereby the public may receive information or make requests.
   (C)   Duties and responsibilities of the Office of Public Services. The Office of Public Service shall:
      (1)   Formulate, coordinate and implement municipal policies with respect to neighborhood service delivery;
      (2)   Respond at the local level to complaints about the provisions of services;
      (3)   Improve the delivery of services through close cooperation with line Department personnel and through recommendations for Departmental change;
      (4)   Act as the advocate for increased citizen involvement in the affairs of the municipal government; and
      (5)   Provide needed direct services and information to the public in the most convenient and accessible manner possible.
(Ord. 1980 c. 9; CBC 1985 11-3.8)
11-4   FIRE DEPARTMENT.
11-4.1   Fire Commissioner; Appointments.
   The Fire Department shall be under the charge of the Fire Commissioner, who shall exercise the powers and perform the duties provided by statute; and shall appoint a Chief of Department, Assistant Chiefs, Deputy Chiefs, District Chiefs and other Officers and fire fighters.
(St. 1895 c. 449 §§ 9-11; St. 1914 c. 795; Ord. 1946 c. 1; Rev. Ord. 1961 c. 14 § 1; CBC 1975 Ord. T11 § 75; CBC 1985 11-4.1)
11-4.2   Emergency Authority.
   In case of a conflagration or extreme emergency involving a fire hazard, the Officer or Board having charge of the fire fighting force shall have full authority to summon and keep on duty any or all of the members of the fire fighting force while such conflagration or emergency continues.
(Rev. Ord. 1961 c. 14 § 2; CBC 1975 Ord. T11 § 76; CBC 1985 11-4.2)
11-4.3   Assistance to Other Cities and Towns.
   The Commissioner may furnish, on such occasions and under such conditions as he or she may determine, the assistance of the Department to another city, town or Fire District, in extinguishing fire therein, or rendering any other emergency aid or performing any detail. Agreements to provide such assistance shall be reduced to writing and executed by the Commissioner on behalf of the city in form approved by the Corporation Counsel. Copies of such agreements shall be filed with the City Clerk and City Council.
(Rev. Ord. 1961 c. 14 § 3; CBC 1975 Ord. T11 § 77; Ord. 1981 cs. 3, 18, 32; Ord. 1982 cs. 20, 36; Ord. 1983 c. 14; CBC 1985 11-4.3)
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