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12-12.5   Effective Date.
   This Section shall take effect immediately upon passage.
(CBC 1985 12-12.5; Ord. 1990 c. 8 § 5)
12-12.6   Severability.
   The provisions of this Section shall be severable and if any one or more provisions, or parts or subparts thereof, shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions or parts thereof.
(CBC 1985 12-12.6; Ord. 1990 c. 8 § 6)
12-13   PARENTAL SCHOOL LEAVE.
12-13.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYER. The owner and/or proprietor of a business with 25 or more employees working at any same location.
   PARENTS. The biological and/or adopted parents of a child attending the Boston Public Schools or a legal guardian of a child attending the Boston Public Schools.
   PUPIL. Any child attending the Boston Public School System.
   SCHOOLS. All public schools in the city funded entirely or partially by the city.
(CBC 1985 12-13.1; Ord. 1994 c. 13 § 1)
12-13.2   Legislative Intent.
   This Section would allow parents of school-aged pupils in kindergarten and grades one to 12 an opportunity to spend up to three days per year for school visits if the employee, prior to taking off, gives reasonable notice to the employer of the planned absence of the employee. The Section would require an employee to utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement, and/or agreed upon by the employee and employer and, if requested by the employer, to provided documentation, as prescribed, from the school as proof of these visits. All employers, notwithstanding staff size, are encouraged to grant employees up to three days per year with pay.
(CBC 1985 12-13.2; Ord. 1994 c. 13 § 2)
12-13.3   Operation of Section.
   (A)   No employer, who employs 25 or more employees working at the same location, shall discharge or in anyway discriminate against an employee who is a parent or guardian of any child in kindergarten or grades one to 12, inclusive, for taking off up to three days each school calender to visit the school of the pupil(s), if the employee, prior to taking time off, gives clear and reasonable notice to the employer of the planned absence of the employee. An employee shall utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement. The employee, if requested by the employer, shall provide documentation from the school as proof that he or she visited the school on a specific date and at a particular time. For purposes of this Subsection, DOCUMENTATION shall mean whatever written verification of a parental visit the school deems appropriate and reasonable.
   (B)   Any employee who is discharged, demoted, threatened, suspended or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to visit the school or his or her child pursuant to the intent of this Section shall be immediately entitled to reinstatement and reimbursement of lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration or hearing authorized by law, shall be subject to a civil penalty in an amount equal to five times the amount of the employee’s lost wages and work benefits.
(CBC 1985 12-13.3; Ord. 1994 c. 13 § 3)
12-14   PROTECTIVE CUSTODY.
12-14.1   Purpose.
   (A)   The General Laws authorize protective custody for incapacitated persons (M.G.L. Chapter 111B, Section 8). Incapacitated persons include those intoxicated individuals that are unconscious, in need of medical attention, likely to suffer physical harm, or likely to cause physical harm. In an effort to eliminate confusion, it is important to acknowledge that protective custody is not the legal equivalent of arrest/institution of criminal charges. Although detailed records of the event must be maintained, such records are not criminal records and are not treated as criminal records.
   (B)   Furthermore, an alcohol-related arrest may occur simultaneously with protective custody. Although arrest procedures run concurrently with protective custody measures, they are separate and distinct. Therefore, a person arrested for OUI (a criminal offense) has the right to bail and release. If, however, such person is a danger to himself or herself as a result of intoxification, then, despite the posting of bail, protective custody (i.e., not an arrest) may be triggered and such incapacitated person will not be released until such incapacitation dissolves and the person no longer poses a risk to himself or herself or the community. The legislative intent of this Section is derived from this risk, and the city seeks to protect incapacitated persons and the community from the myriad harms that could result from incapacitation due to intoxification by strictly employing the protective custody procedures authorized by M.G.L. Chapter 111B. The legislative intent is effected by the provisions of this Section which track the language of M.G.L. Chapter 111B, Section 8.
(CBC 1985 12-14.1; Ord. 2005 c. 3)
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