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12-2.3   Supervision of Veterans Graves and Registration.
   There shall be in the Veterans Services Department an Officer, known as the Supervisor of Veterans Graves and Registration, appointed by the Mayor, who shall have the powers and perform the duties from time to time conferred or imposed by general laws applicable to Boston on persons appointed under M.G.L. Chapter 115, Section 9. The Supervisor of Veterans Graves and Registration shall not be subject to the supervision or control of the Veterans Benefits and Services Commissioner; but unless otherwise ordered by the Mayor, such supervisor shall not communicate with the Mayor, or make an annual or other report, except through such Commissioner.
(Rev. Ord. 1961 c. 26 § 3; CBC 1975 Ord. T12 § 52; CBC 1985 12-2.3)
Cross-reference:
   M.G.L. Chapter 115, Section 9
12-3   COUNCIL ON AGING.
12-3.1   Officers; Appointment, Term, Compensation.
   There shall be in the city a Board, known as the Commission on Affairs of the Elderly, consisting of an Officer, known as the Commissioner on Affairs of the Elderly, appointed by the Mayor for a term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected, who shall be Chair of the Board and shall devote his or her whole time to the work, and ten other Officers, known as Associate Commissioners on Affairs of the Elderly, appointed by the Mayor (for terms of four years). As the term of any such Associate Commissioner expires, his or her successor shall be appointed by the Mayor for a term of four years. Any vacancy in the Office of an Associate Commissioner shall be filled by the Mayor for the unexpired term. The Associate Commissioners shall serve without compensation.
(Ord. 1968 c. 5; Ord. 1970 c. 4 § 2; Rev. Ord, 1961 (Sup. 1971) c. 4A § 1; CBC 1975 Ord. T12 § 100; CBC 1985 12-3.1)
12-3.2   Powers and Duties.
   The Commission on Affairs of the Elderly shall be cognizant of federal and commonwealth legislation concerning financial assistance, information exchange and planning for better community programming for the elderly, and shall coordinate or carry out programs designed to meet the problems of the elderly in coordination with programs of the Commission on Aging established under M.G.L. Chapter 40, Section 8B or its successor in function. The Commission on Affairs of the Elderly shall send to said Commission or its successor in function a copy of the annual report transmitted by it to the Mayor under Subsection 5-5.34 of these ordinances.
(Ord. 1968 c. 5; Ord. 1970 c. 4 § 2; Rev. Ord. 1961 (Sup. 1971) c. 4A § 2; CBC 1975 Ord. T12 § 101; CBC 1985 12-3.2)
12-3.3   Creating Centers for Older Americans.
   (A)   There shall be in the city, under the auspices of the Commission on Elderly Affairs, a Division of Center for Older Americans.
   (B)   Said Division shall establish centers throughout the city, to provide for and accommodate the needs of the elderly.
   (C)   Said centers shall be staffed and operated by the elderly.
(Ord. 1975 c. 10; CBC 1975 Ord. T12 § 102; CBC 1985 12-3.3)
12-3.4   Home Repair Program for Seniors.
   (A)   There shall be in the city, within the Commission on Affairs of the Elderly, a program known as the Home Repair Program for Seniors, which shall be administered by the Commissioner. Said program shall facilitate repairs which are non-structural in nature to homes owned and occupied by elderly persons, and to units rented by elderly persons in buildings of four or fewer units. The Commissioner shall make every effort to utilize technical and vocational students from the Boston Public School system to make such repairs. The Commissioner shall coordinate funding for the program from federal, commonwealth and private sources and shall work with private, non-profit Agencies which conduct similar programs to ensure that such work is fairly and equitably performed on a city-wide basis.
   (B)   The program described herein shall be administered totally by the Neighborhood Development and Employment Agency (“NDEA”) of the city.
(Ord. 1984 c.27; CBC 1985 12-3.4)
12-3.5   Senior Citizen Property Tax Work-Off Abatement.
   (A)   Authority and purpose. The purpose of these provisions is to provide the senior citizens of the city with the opportunity to reduce their real estate tax bills through a program utilizing certified volunteer services. The authority for these provisions is found in M.G.L. Chapter 59, Section 5K.
   (B)   Acceptance of the local option in M.G.L. Chapter 59, Section 5K. Enactment of these provisions shall be deemed an official action of the city to accept the provisions of M.G.L. Chapter 59, Section 5K, as amended, and the Senior Citizen Property Tax Work-Off Abatement Program (“Program”) is hereby authorized and created pursuant to the provisions of these Sections.
   (C)   Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CITY. The City of Boston.
      COMMISSION. The Elderly Commission of the city or the successor thereto.
      COMMONWEALTH. The Commonwealth of Massachusetts.
      PARTICIPANT. Any person participating in the program. No person is eligible to become a PARTICIPANT until attainment of his or her sixtieth birthday.
      PROGRAM. The Senior Citizen Property Tax Work-Off Abatement authorized and created by these Sections and any programs created thereunder.
   (D)   Administration. The Commission shall implement and administer the program. The Commission shall have the authority to promulgate rules, procedures and regulations for implementation and administration of the program that are consistent with the intent of M.G.L. Chapter 59, Section 5K and consistent with the provisions of these Sections including, but not limited to, setting any limitations on the eligibility of participants such as income limitations, asset limitations, limitations on the number of participants and the work to be performed and any limitation of eligibility to a tax reduction on a participant’s domicile. The Commission shall coordinate with the Offices, Agencies, Commissions, Departments or other organizations of the city to receive and utilize certified volunteer services under the program.
   (E)   Participants.
      (1)   (a)   In accordance with M.G.L. Chapter 59, Section 5K, a participant must:
            1.   Be over 60 years of age as of the January 1 preceding the start of the fiscal year at issue; and
            2.   Be the assessed owner of the property on which the tax to be abated is assessed or have acquired ownership before the certified volunteer work is performed, and if the property is subject to a trust then the participant must have legal title (i.e., have the status of a trustee for the trust) and be a beneficiary under such trust on the applicable January 1 assessment date or at the time the work is performed.
         (b)   Participants may earn a maximum abatement of $1,500 per fiscal year and may not receive credit for the certified volunteer services at an hourly rate higher than the minimum wage for the commonwealth, nor shall the hourly rate be less than the federal minimum wage unless the commonwealth or the city is advised by the Wages and Hours Division of the United States Department of Labor that the Fair Labor Standards Act, being 29 U.S.C. §§ 201 et seq., does not apply to the program.
      (2)   The number of participants shall be limited to 100 through fiscal year 2021. The maximum number of participants may be amended by written order of the Commission subsequent to permanent adoption of these Sections.
      (3)   Participants shall be determined by the Commission by the chronological order of the applicants’ submission of a complete and qualifying application. In no event shall a person be eligible for the program as a participant if such person’s income exceeds $40,000 for a single applicant or, if married, combined income with his or her spouse shall not exceed $55,000.
   (F)   Certification of volunteer services.
      (1)   The Commission shall require the Offices, Agencies, Commissions, Departments or other organizations of the city receiving and utilizing certified volunteer services under the program to certify to the Commission the hours of services performed by a participant.
      (2)   The Commission must certify to the Assessor of the city the hours of services performed by a participant before the actual tax for the fiscal year is committed and must state the amount actually earned as of the date of the certification. Services performed after that date are credited toward the next fiscal year’s actual tax bill to the extent consistent with the Commission’s rules for the program. The Commission shall provide a copy of the certification to the participant before the tax bill is issued.
   (G)   Exemptions. Abatements earned by a participant under the program shall not affect a participant’s eligibility for any property tax exemptions.
   (H)   Annual report.
      (1)   In an effort to evaluate the effectiveness of the program, the Commission shall, at the close of each fiscal year, prepare a detailed report relevant to the program, including, but not limited to:
         (a)   The name of each and every person that received an abatement under the program, the number of hours certified and the amount of the respective abatement;
         (b)   The address of each and every property that received an abatement under the program and the amount of the respective abatement;
         (c)   The name of each and every Office, Agency, Commission, Department or other organization that received volunteer services under the program;
         (d)   The total number of hours certified under the program;
         (e)   The total number (quantity) of abatements applied under the program;
         (f)   The total amount (value) of abatements applied under the program; and
         (g)   A complete delineation of the costs associated with administering the program.
      (2)   The annual report shall be filed with the Boston City Clerk no later than September 1 of each calendar year, and the Boston City Clerk shall file the annual report with the Boston City Council within two weeks of receipt thereof.
   (I)   Implementation. The provisions of this Subsection shall be effective immediately, but, in accordance with the requirement in M.G.L. Chapter 59, Section 5K to explicitly state the fiscal year in which the program will be first available, the abatements may not be earned by a participant nor may the abatements be applied to any real estate taxes until the commencement of fiscal year 2008 (i.e., July 1, 2007).
   (J)   Severability. If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
   (K)   In accordance with M.G.L. Chapter 59, Section 5K, as amended, the Senior Citizen Property Tax Work-Off Abatement is hereby adopted for a period of five years, terminating at the close of Fiscal Year 2021 (i.e., June 30, 2021), but may be extended upon the approval of the Mayor of the city and the Boston City Council which shall be supplied no sooner than September 1, 2020, and no later than December 31, 2020.
(CBC 1985 12-3.5; Ord. 2006 c. 1; Ord. 2007 c.5; Ord. 2011 c. 7; Ord. 2016 c. 10 §§ 1-6; Ord. 2017 c. 6 § 1)
12-4   COMMISSION FOR PERSONS WITH DISABILITIES.
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