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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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12-4   COMMISSION FOR PERSONS WITH DISABILITIES.
12-4.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSIBILITY. The elimination of all barriers including environmental, procedural, attitudinal and communication barriers which can prevent persons with disabilities from equal opportunity.
   ATTITUDINAL BARRIERS. Presumptions or feelings regarding physical or mental disabilities and/or persons with disabilities, which can, in themselves, obstruct the access of persons with disabilities to equal opportunities.
   EFFECTIVE COMMUNICATION METHODS. The use of communication aids, including brailled or taped materials, readers and machines that enlarge print for persons with visual limitations. Such methods shall also include the use of certified interpreters for persons who are deaf and telecommunication devices for those who have hearing or speaking limitations.
   MAJOR LIFE ACTIVITY. A function including, but not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
   MENTAL IMPAIRMENT. Any mental or psychological disorder including, but not limited to, mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
   PERSONS WITH DISABILITIES. Persons who:
      (1)   Have a physical, mental or sensory impairment which substantially limits one or more of such person’s major life activities;
      (2)   Have a record of such impairment; or
      (3)   Are regarded as having such an impairment.
   PHYSICAL IMPAIRMENT. Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems or organs: the neurological, musculoskeletal, cardiovascular, reproductive, digestive, genito-urinary, skin, endocrine and hemic and lymphatic body systems; special sense organs and respiratory organs, including speech organs.
   SECTION 504. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794).
   SENSORY IMPAIRMENT. Any sensory disorder, condition or anatomical loss of the special sense organs.
(Ord. 1971 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 20A § 1, CBC 1975 Ord. T12 § 150; CBC 1985 12-4.1; Ord. 1987 c. 13 § 1)
12-4.2   Purpose.
   The Commission’s purpose is to facilitate full and equal participation in all aspects of life by all persons with disabilities in the city. To accomplish its purpose, the Commission will aim to reduce the architectural procedural attitudinal and communication barriers which affect persons with disabilities.
(Ord. 1971 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 20A § 2; CBC 1975 Ord. Tl2 § 151; CBC 1985 12-4.2; Ord. 1987 c. 13 § 1)
12-4.3   Composition, Appointment, Term and Compensation.
   (A)   There shall be in the city a Board known as the Commission for Persons with Disabilities, consisting of an Officer known as the Commissioner for Persons with Disabilities Commission, 13 other members, who shall be associate members of the Commission.
   (B)   The Commissioner and the associate members shall be appointed by the Mayor for the term expiring on the first Monday of the January following the next biennial municipal election at which a Mayor is elected, and each shall serve until his or her successor is duly appointed.
   (C)   The Commissioner shall be a full-time employee of the city and shall be paid compensation. The associate members shall serve without compensation, but each shall be entitled to reimbursement for his or her reasonable expenses actually and necessarily incurred in the performance of his or her duties as an Associate Commissioner. The associate members shall be considered special municipal employees for the purposes of M.G.L. Chapter 268A.
   (D)   The associate members shall be qualified by training, experience and demonstrated interest in the rights and equal opportunities of persons with disabilities. A majority of the associate members shall be persons with disabilities, with at least one being blind or legally blind, one being deaf or hard of hearing and the others, comprising the majority, being persons with representative types of disabilities. The associate members shall be representative of the community in terms of race, religion, age and gender.
(CBC 1985 12-4.3; Ord. 1987 c. 13 § 1; Ord. 2016 c. 15 § 1)
12-4.4   Powers and Duties of the Commission.
   The Commission shall have the following powers and duties:
   (A)   To develop and promote information and referral services regarding programs, services, rights, accessibility and opportunities for persons with disabilities which foster dignity and self-determination;
   (B)   To make recommendations and to provide coordination and support to City Departments and Agencies concerning public policies, programs, services and regulations as they affect or may affect persons with disabilities;
   (C)   To inform City Departments and Agencies of federal, commonwealth and city funds available for expanding or improving services and programs for persons with disabilities;
   (D)   To work toward the goal of safe, decent, affordable, accessible housing for persons with disabilities and their families. The Commission shall work with federal, commonwealth, city private and public Agencies and resources to this end;
   (E)   To provide technical assistance to the city’s Division of Personnel as to how to provide reasonable accommodation, auxiliary aids and general access to the employment process for persons with disabilities. Such technical assistance shall include, but not be limited to, reviewing job specifications, application forms and procedures relating to hiring, promotion and firing, including:
      (1)   Physical accessibility of the application process;
      (2)   Program accessibility, including the availability of effective communication methods;
      (3)   Availability, use and publicity of affirmative action plans; and
      (4)   Review of personnel testing procedures.
   (F)   To address the transportation needs of persons with disabilities in the city and, in concert with the Mayor’s representative on the Massachusetts Bay Transportation Authority Advisory Committee, representatives from the Massachusetts Bay Transportation Authority (“MBTA”), the Massachusetts Port Authority (“Massport”) and the Executive Office of Transportation and Construction (“EOTC”), to develop programs for meeting the transportation needs of persons with disabilities and to monitor any policies related thereto;
   (G)   To implement, in conjunction with the city’s Department of Inspectional Services, Chapter 40 of the Ordinances of 1979, entitled “Promoting Access to Public Buildings by the Physically Handicapped”, which is intended to promote full access to public buildings by persons with disabilities;
   (H)   To work for the advancement of the legal and civil rights of all persons with disabilities in the city;
   (I)   To coordinate City Departmental compliance with Section 504 and all federal, commonwealth and city rules and regulations requiring programs, activities and services to be readily accessible to and usable by persons with disabilities;
   (J)   To monitor compliance with City Departmental self-evaluation and transition plans and to make recommendations to the Mayor for corrective action as required;
   (K)   To develop training and development programs for city personnel to increase their awareness of real and artificial barriers faced by persons with disabilities;
   (L)   To administer, in cooperation with the city’s Transportation Department, the Temporary Identification Card Program, established by Subsection 6-7.3;
   (M)   To apply for, accept and expend, subject to applicable laws, grants or gifts of funds and other property; and
   (N)   To adopt rules and regulations for the conduct of Commission business, which shall be approved as to form by the Corporation Counsel, approved and signed by the Mayor and filed with the City Clerk.
(CBC 1985 12-4.4; Ord. 1987 c. 13, § 1)
Cross-reference:
   ss 5-5.32
12-4.5   Powers and Duties of the Commissioner.
   The Commissioner shall have the following specific powers and duties:
   (A)   To hire staff for the Commission consistent with the Commission’s purpose. The Commissioner shall hire, at a minimum, a Director for Civil Rights, who shall also be the city’s Section 504 Coordinator;
   (B)   To act as spokesperson for the Commission;
   (C)   To participate in and oversee the day-to-day affairs for the Commission; and
   (D)   To perform all the functions of a Department head including, but not limited to, and subject to applicable laws, entering into agreements with individuals or entities and preparing the annual budget.
(CBC 1985 12-4.5; Ord. 1987 c. 13, § 1)
12-4.6   Powers and Duties of the Associate Members.
   The associate members shall have the following specific powers and duties:
   (A)   To advise the Commissioner on policy and planning and the need for programs and services for persons with disabilities;
   (B)   To consult with the Commissioner in evaluating and modifying the city’s policies as they relate to federal, commonwealth and city laws and regulations concerning the civil rights of persons with disabilities;
   (C)   To assist the Commissioner in establishing priorities for the Commission’s activities; and
   (D)   To review, at least annually, the programs, policies and budget of the Commission and to make recommendations as to such programs, policies and budget.
(CBC 1985 12-4.6; Ord. 1987 c. 13, § 1)
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