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(A) The Executive Director shall have the powers of a Department head except for those powers explicitly conveyed to the Commission by this Section and shall be responsible for carrying out the policies and decisions of the Commission.
(B) The Executive Director shall have the power and duty to make investigations of discriminatory practices which appear to be in violation of this Section and to file complaints with the Commission based upon findings of fact, and conclusions of law only, where there is a probable cause that a violation of this Section has occurred. The Executive Director shall be required to appear quarterly before the Boston City Council to give a report of the Commission’s activities and to answer questions of the Council. The Executive Director shall have the power to attempt to mediate or conciliate any complaint of alleged discrimination under this Section where there is probable cause for such complaint. The Executive Director shall further file, on conforming forms, all complaints with the commonwealth’s Commission Against Discrimination and the Equal Employment Opportunity Commission where such complaints relate to discrimination under the jurisdiction of the MCAD and/or the EEOC. The Executive Director shall fix the compensation of the Commission staff within the budgetary limits of the Commission after appropriation by the Boston City Council.
(Ord. 1984 c. 16; CBC 1985 12-9.10)
(A) The Commission shall study the problems of discrimination in the city and shall make such recommendations to the Mayor and the Boston City Council, as in its judgment will effectuate the policy of this Section.
(B) The Commission may, on its own behalf, issue a complaint, upon a reasonable belief that a person has engaged in an unlawful discriminatory practice.
(C) The Commission shall have the power to conduct hearings, subpoena witnesses, compel their attendance, including, but not limited to, filing contempt proceedings with Superior Court, administer oaths, take the testimony of any person under oath and in connection therewith to require the production for examination of any documents, books, papers or evidence relating to any matter in question or under investigation by the Commission. The Commission may delegate any of its hearing powers to individual Commissioners or members of the Commission staff. Subpoena power shall be exercised by the Chairperson of the Commission, or his or her designee, upon majority vote of the Commission. At any hearing before the Commission, or any Committee thereof, a witness shall have the right to be represented by counsel.
(D) The Commission shall have the power to issue publications, results of investigations and research as, in its judgment, will promote good will and minimize or eliminate prejudice, intolerance, bigotry or discrimination and disorder occasioned thereby.
(E) The Commission shall, upon the Executive Director’s failure to conciliate a complaint, submit a written report of its findings and recommendations to the Mayor with copies of this report filed with the Boston City Council, the Corporation Counsel, the commonwealth’s Commission Against Discrimination (on matters within its jurisdiction) and to any other governmental Agency or court having jurisdiction.
(F) Further, the Commission has the power to adopt rules and regulations which it deems necessary to the function of the Commission; provided, however, that all such rules and regulations shall, for a 30-day period following their adoption by the Commission, be held for review and comment by the Boston City Council in an open public hearing, and may be referred to the Corporation Counsel by a vote of a majority of members of the Boston City Council for a ruling on the appropriateness of such rules or regulations. The Commission may recommend to the Mayor and or the Boston City Council additional legislation to aid in the carrying out of the purposes of this Section.
(Ord. 1984 c. 16, c. 17, c. 18; CBC 1985 12-9.11)
(A) Any person claiming to be aggrieved by an alleged discriminatory practice under this Section or claiming to represent an aggrieved person, may, by himself or herself or his or her attorney, file with the Commission a verified written complaint. The Complaint shall state the name and address of the person alleged to have committed the discriminatory practice and shall set forth in detail the particular circumstances. The complaint shall be amended to include additional information as required by the Commission. No complaint shall be considered unless it is filed with the Commission within 180 days after the occurrence of the alleged discriminatory practice, or unless it has been referred to the Commission by the commonwealth’s Commission Against Discrimination or the Equal Employment Opportunity Commission after having been timely filed with either and or both Agencies.
(B) The Executive Director shall forthwith transmit a copy of the complaint to the respondent by hand or by certified mail return receipt requested.
(C) The Commission shall not accept a complaint from any person who has filed a complaint with the commonwealth’s Commission Against Discrimination with respect to the same grievance unless requested by the commonwealth’s Commission Against Discrimination to do so.
(D) Upon receipt of a duly filed complaint, the Executive Director shall cause a prompt investigation to be made in connection therewith. After completing the investigation, the Executive Director shall file a written report containing a recommendation concerning the disposition of the matter with the Commission.
(E) Under no circumstances may a report reflect bias where a respondent has exercised his or her constitutional rights relative to providing testimony which may tend to incriminate one’s self. Neither may the Commission proceed with a complaint unless there is sufficient probable cause that a violation exists, such probable cause being based on evidence which will stand the test of court scrutiny as to its merit and substance. If, after a review of a complaint, the Commission finds that no probable cause exists for crediting the allegations of the complaint, the Commission shall order the Executive Director to issue and transmit to complainant and the respondent, by hand or certified mail, return receipt requested, an order dismissing the allegations. The Executive Director on behalf of the Commission shall also issue a notice to both complainant and respondent a copy of federal and commonwealth laws governing legal actions one may pursue relative to frivolous actions. If the Commission shall determine after such investigation or review that probable cause exists for crediting the allegations of the complaint, the Commission shall order the Executive Director to immediately endeavor to eliminate the discriminatory practice complained of through persuasion, conciliation and negotiation. Nothing said or done during and as part of such conciliation efforts shall be made public or used as evidence in subsequent proceedings unless each of the interested parties agree thereto in writing. If conciliation succeeds, the terms of the conciliation agreement shall be reduced to writing and signed by or on behalf of the parties and the Commission. Conciliation agreements may be made public, but such public disclosure shall not reveal the identities of the parties involved, except with the agreement of all respondents. In case of failure to reach a conciliation agreement to eliminate a discriminatory practice within 30 days after a determination of probable cause, or in advance thereof if the Commission believes the circumstances so warrant, or if probable cause exists that a conciliation agreement has been violated, the Executive Director shall cause to be issued and served in the name of the Commission, a written notice together with a copy of such complaint, as the same may have been amended, requiring the respondent to answer the charges of such complaint at a hearing before the Commission, at a time and place to be specified in such notice. The respondent may file in person or otherwise a verified written answer to the complaint and appear at such a hearing in person, with or without counsel.
(F) The Executive Director, or his or her designee, shall present evidence at the hearing. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law. The testimony, however, shall be under oath and shall be recorded upon the request of either party. Each party respondent may appear at such hearing in person or by a duly authorized representative. Each party may present testimony and evidence.
(G) Each party shall have the right to cross-examine adverse witnesses.
(H) If, upon all the evidence, the Commission finds that a respondent has not engaged in any such discriminatory practice or violation of a conciliation agreement, the Commission shall issue and transmit to the complainant and the respondent, by hand or by certified mail return receipt requested, an order dismissing that complaint as to such respondent.
(I) If, upon all the evidence presented at the hearing, the Commission determines that a respondent has engaged in any discriminatory practice as defined in this Section or has violated a conciliation agreement, the Commission shall issue an order stating its findings of fact and order for resolving the complaint.
(J) The Commission shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder.
(K) If a finding is made that a respondent has engaged in a discriminatory practice or violated a conciliation agreement, the Commission shall make a written report of its findings and recommendations to the Mayor and the Boston City Council, with a copy to the Corporation Counsel, on any matter within his or her jurisdiction for review and implementation or to the commonwealth’s Commission Against Discrimination on any matter in question, and in all cases, urging and using its best efforts to bring about compliance with the Commission’s order. In the conduct of any mediation, investigation, hearing or representation of any conciliation, complaint, the Commission may call upon not only the members and staff of the Commission, but to the extent practicable, any City Department or Agency.
(L) If a finding is made that a respondent, who has engaged in a discriminatory practice or violation of a conciliation agreement, is a city contractor or subcontractor performing under municipally funded or assisted contracts, the Mayor shall cause said contracts or subcontracts to be immediately reviewed, and may suspend or revoke said contracts or subcontracts, or otherwise employ all available means to bring the contractor or subcontractor into immediate compliance.
(M) If a finding is made that a respondent, who has engaged in a discriminatory practice or violation of a conciliation agreement, is a licensee, who has obtained a license to operate from the city or Agency thereof, the Mayor shall cause said license to be immediately reviewed, and may suspend or revoke said license, or otherwise employ all available means to bring the licensee into immediate compliance.
(N) Any person aggrieved by a finding of the Commission is entitled to reconsideration, upon written summary and transcripts by the full Commission. Written request for such rehearing must be filed with the Commission within seven days of receipt of the Commission’s written report. Upon receipt of a request for reconsideration the Commission shall notify all interested parties who shall have seven days to submit any documents, reports or summaries to the Commission. The full Commission shall meet in executive session to review the complaint, summaries, written reports, transcripts, documents or other material, within 60 days of the receipt of the request for reconsideration.
(O) A certified copy of any report, finding or order of the Commission may be admitted as evidence in any court of competent jurisdiction.
(P) Nothing herein shall in any way violate open hearing laws of the commonwealth or the Federal Freedom of Information Act, being 5 U.S.C. § 552.
(Ord. 1984 c. 16, c. 17; CBC 1985 12-9.12)
The provisions of this Section shall be construed for the accomplishment of the purposes hereof. Nothing herein shall be construed to limit civil rights granted or hereinafter afforded by the laws of the United States Government or of the commonwealth.
(Ord. 1984 c. 16; CBC 1985 12-9.13)
(A) Nothing in this Section shall be deemed to exempt or relieve any person from any liability, duty, penalty or punishment provided by any present or future law of the commonwealth or the United States, other than any such law which purports to require or permit the doing of any act which would be unlawful under this Section.
(B) Any remedies provided by this Section shall be cumulative with any other remedies provided by commonwealth or federal law.
(Ord. 1984 c. 16; CBC 1985 12-9.14)
If any provision or Subsection of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision or Section be considered separately and apart from the remaining provisions or Sections of this Section, which shall remain in full force and effect.
(Ord. 1984 c. 16; CBC 1985 12-9.15)
12-9A.1 Definitions.
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSUME RESPONSIBILITY FOR THE WELFARE OF. Assume an obligation to provide, if necessary, for a person’s basic living expenses and to assume joint responsibility for any other expenses of that person which arise out of a program or benefit for which that person qualified because of a statement filed pursuant to this Section, subject to the limitations contained in Subsection 12-9A.5.
BASIC LIVING EXPENSES. The cost of food, shelter, utilities and essential household goods. The individuals need not contribute equally to the cost of these expenses. Labor or services in kind shall be recognized as contributions to BASIC LIVING EXPENSES.
DEPENDENT. A person registered pursuant to Subsection 12-9A.2, who has not registered as a domestic partner and who receives significant financial or significant in-kind assistance toward his or her caretaking or costs of food, shelter, utilities and essential household goods from the domestic partnership.
DOMESTIC PARTNER. A person who meets the criteria set out in this Subsection and registers pursuant to Subsection 12-9A.2.
DOMESTIC PARTNERSHIP. Two persons who meet the following criteria and affirm that:
(1) They share basic living expenses;
(2) They assume responsibility for the welfare of their partner and any dependents registered pursuant to Subsection 12-9A.2;
(3) They are at least 18 years of age;
(4) They are competent to enter into a contract;
(5) They declare that they are each other’s sole domestic partner;
(6) They are not married to anyone nor related to each other by blood closer than would bar marriage in the commonwealth;
(7) They shall notify the City Clerk of any change in the status of their domestic partnership; and
(8) They register their domestic partnership as set forth in Subsection 12-9A.2; and their dependents as registered pursuant to Subsection 12-9A.2.
(CBC 1985 12-9A.1; Ord. 1993 c. 12 § 1)
12-9A.2 Registration.
(A) Statement of domestic partnership.
(1) Domestic partners may make an official record of their domestic partnership by completing, signing and submitting to the City Clerk a statement of domestic partnership. Persons submitting a statement of domestic partnership must declare under penalty of perjury that they meet the criteria set out in Subsection 12-9A.1.
(2) The domestic partnership statement shall include the names of the domestic partners, the date on which they became each other’s domestic partners and the names of any dependents of the domestic partnership.
(B) Registration of additional dependents. Domestic partners shall amend their registration statement whenever additional dependents become part of the domestic partnership. Only those dependents who are registered pursuant to this Section shall be considered dependents of a domestic partnership.
(C) Termination of domestic partnership. Either member of a domestic partnership may terminate the domestic partnership by filing a termination statement with the City Clerk. Termination of a domestic partnership shall become effective 90 days after the termination statement is filed with the City Clerk, except that a domestic partnership shall terminate immediately upon the death of one of the partners; and provided, however, that all rights and benefits extended to dependents of a domestic partnership shall survive termination of the domestic partnership if the domestic partner through whom the dependent obtains the right or benefit continues to have responsibility for the welfare of the dependent. In the event of the death of one of the domestic partners, the surviving partner shall notify the City Clerk by sending the City Clerk a copy of the death certificate. Any person filing a termination statement must declare under penalty of perjury that:
(1) The domestic partnership is terminated; and
(2) The other domestic partner has been notified either personally or by mailing a copy of the termination statement to the other domestic partner’s last and usual address by certified mail.
(D) New statements of domestic partnership. No person may file a statement of domestic partnership until any previous domestic partnership of which they were a member has been effectively terminated.
(CBC 1985 12-9A.2; Ord. 1993 c. 12 § 2)
12-9A.3 City Clerk.
(A) Records. The City Clerk shall maintain adequate records of domestic partnership statements showing which domestic partnerships have been created, terminated and amended. The City Clerk shall provide forms as necessary to those who request them.
(B) Fees for statements.
(1) The City Clerk shall charge a fee for filing a domestic partnership statement. The amount of this fee shall be equivalent to the fee charged to file a marriage license.
(2) Copies of a domestic partnership statement, certified by the City Clerk, or copies of amendment or termination statements, certified by the City Clerk, shall cost $12 per copy.
(CBC 1985 12-9A.3; Ord. 1993 c. 12 § 3; Ord. 1997 c. 4, Ch. 2 § 3; Ord. 2003 c. 5 § 1)
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