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12-8.1   Powers and Duties of Commissioner.
   The Penal Institutions Department shall be under the charge of the Penal Institutions Commissioner, who shall exercise the powers and perform the duties provided by statute; and shall have the charge and control of Deer Island and the House of Correction at Deer Island.
(St. 1895 c. 449 § 14; St. 1896 c. 536 § 9; St. 1897 c. 395 § 5; St. 1928 c. 389; Ord. 1924 c. 9; Rev. Ord. 1961 c. 20 § 1; CBC 1975 Ord. T12 § 350; CBC 1985 12-8.1)
12-8.2   House of Correction at Deer Island.
   The Penal Institutions Commissioner shall exercise the powers and perform the duties in regard to the House of Correction at Deer Island and the prisoners committed thereto formerly exercised and performed by the Institutions Commissioner.
(Rev. Ord. 1961 c. 20 § 2; CBC 1975 Ord. T12 § 351; CBC 1985 12-8.2)
12-8.3   Organization of Department.
   The Penal Institutions Commissioner shall be the executive and administrative head of the Department and may organize said Department as he or she may find necessary for its proper conduct.
(Rev. Ord. 1961 c. 20 § 3; CBC 1975 Ord. T12 § 352; CBC 1985 12-8.3)
Cross-reference:
   Ord. ss 5-5.33
12-8.4   Annual Report.
   The Commissioner shall, in his or her annual report, include a statement of the expenditures and receipts of each institution for the preceding financial year, giving the condition of each, with the number of inmates admitted thereto and discharged therefrom, the births and deaths therein and the number of persons remaining in the same.
(Rev. Ord. 1961 c. 20 § 4; CBC 1975 Ord. T12 § 353; CBC 1985 12-8.4)
12-9   HUMAN RIGHTS.
12-9.1   Policy.
   It is the policy of the city to assure that every resident shall have equal access to and benefit from all public services, to protect every resident in the understanding and respect among all residents of the city. It is clear that behavior which denies equal treatment to any of our citizens as a result of their religious creed, race, color, sex, gender identity or expression, age, disability, national origin, ex-offender status, prior psychiatric treatment, sexual orientation, military status, marital status or parental status, or which is sexually or racially harassing undermines civil order and deprives persons of the benefits of a free and open society. Nothing in this Section shall be construed as supporting or advocating any partnership, religious view or lifestyle. To the contrary, it is the intention of this Section that all persons be treated fairly and equally and it is the expressed intent of this Section guarantee to all of our citizens fair and equal treatment under law.
(Ord. 1984 c. 16, c. 17, c. 40; CBC 1985 12-9.1; Ord. 2002 c. 9)
12-9.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGE. Any persons between the ages of 40 and 65.
   BONA FIDE OCCUPATIONAL QUALIFICATION. A valid consideration of race, color, sex, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income which is a requirement for employment and has been certified as such by the Commission or by the commonwealth’s Commission Against Discrimination under M.G.L. Chapter 151B.
   BONDING TRANSACTION. The furnishing of a performance, fiduciary or other form of bond to any person.
   COMMISSION. The Human Rights Commission.
   CREDIT TRANSACTION. The open or closed end grant, extension, denial or termination of credit to any individual.
   DISABILITY. A condition which causes a physical or mental impairment which limits, or is regarded as limiting one or more major life activity.
   EDUCATIONAL FACILITY. Any person, whether organized for profit or not-for-profit, that holds itself out to the public as providing instruction or training in the arts, sciences, trade or any other area of learning.
   EMPLOYEE. Any individual who is engaged to work for or under the direction or control of another for monetary or other valuable consideration, but shall not include any individual employed by his or her parents, spouse or children.
   EMPLOYER. Any individual, partnership, association, corporation, trustees, public charity, foundation, political subdivision, Board, Department, Commission, Agency or any other person which engages and controls the services of an individual in the city in exchange for monetary or other valuable consideration, except that it shall not include any employer with six or less persons in its employ, exclusive of parents, spouse or children, nor does it include a club exclusively social, or a fraternal association or religious organization, incorporated or unincorporated, if such fraternal association or religious organization is not incorporated for profit and if the primary function thereof is religious or fraternal.
   EMPLOYMENT AGENCY. Any person undertaking to procure employees or opportunities to work for potential employees.
   EX-OFFENDER STATUS.
      (1)   The condition of having been arrested, detained or accused of any violation of law which no conviction resulted;
      (2)   A final conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace; or
      (3)   Any conviction of a misdemeanor where the date of such conviction or completion of any period of incarceration resulting therefrom, whichever date is later, occurred five or more years prior to the date of the exercise of any right or privilege under this Section, unless such person has been convicted of any offense within five years immediately preceding the exercise of any right or privilege under this Section.
   EXECUTIVE DIRECTOR. The Executive Director of the Boston Human Rights Commission as established by this Section.
   GENDER IDENTITY OR EXPRESSION. A person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance or gender-related expression whether or not that gender identity, gender-related self-image, gender-related appearance or gender-related expression is different from that traditionally associated with a person’s sex at birth.
   INSURANCE TRANSACTIONS. The sale, grant or other provision of insurance to any person.
   LABOR ORGANIZATION. Any organization which exists and is constituted for the purpose, in whole or part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment.
   MARITAL STATUS. The actual condition of being or having been married, separated or divorced or the condition of being single.
   MILITARY STATUS. The condition of being, or having been in the services of the military.
   PARENTAL STATUS. The condition of having minor or disabled children.
   PERSON. One or more individuals, partnerships, associations, corporations, agencies, legal representatives, trustees, trustees in bankruptcy and receivers, the city and all political subdivisions, Boards and Commissions; provided, however, PERSON shall not be applied to an individual acting in a purely private transaction.
   PRIOR PSYCHIATRIC TREATMENT. An actual or supposed mental impairment of a person caused by illness, injury, birth, professional treatment or hospitalization.
   PUBLIC ACCOMMODATION AND SERVICE. Any place, business, facility or other establishment of whatever kind, or Agency, whether owned privately or by a public Agency which caters or offers services, facilities or goods to or is intended for the use or convenience of the general public whether for a charge or fee or not. Nothing contained herein shall be construed to include or apply to any place, business, facility or other establishment which is by its nature distinctly private, except that when such establishment caters or offers services to the general public, it shall be deemed a PUBLIC ACCOMMODATION during such period.
   RESPONDENT. A person against whom a complaint has been filed pursuant to this Section.
   SEXUAL ORIENTATION. Actual or supposed homosexuality, heterosexuality or bisexuality by orientation or practice, including, but not limited to, an orientation or practice, including, but not limited to, an orientation that may be presumed on the basis of mannerisms, physical characteristics, manner of dress or deportment.
   SOURCE OF INCOME. The manner or means by which an individual supports himself or herself, and his or her dependents, except that in this Section it shall not include any criminal activity from which a source of income is derived.
(Ord. 1984 c. 16, c. 17, c. 40; CBC 1985 12-9.2; Ord. 2002 c. 9)
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