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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The Boston Public Health Commission.
DEPARTMENT. The Inspectional Services Department for the city.
INDIVIDUAL-USE SHARPS. All non-commercially and non-institutionally generated sharps, as defined in this Section, derived from individual use.
PHARMACY. A facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances. The term PHARMACY shall not include institutional pharmacies or pharmacy departments or any independent community pharmacies with fewer than four retail locations within the city.
PROPER DISPOSAL. The lawful disposal of individual-use sharps waste in compliance with the applicable provisions of commonwealth law and the commonwealth’s Sanitary Code, being 105 CMR 400 and 410.
SHARPS. Hypodermic needles, pen needles, intravenous needles, lancets and other devices that are used to penetrate the skin for the delivery of drugs to humans or animals that have been used or are not in their original, intact and sealed packaging and that result from personal use or from use on pets.
(CBC 1985 12-16.2; Ord. 2020 c. 4 § 1)
(A) All pharmacies, as defined in this Section, shall meet the following requirements:
(1) Establish a collection system to provide convenient, ongoing collection services to all persons seeking to dispose of unwanted sharps which shall include collection kiosks, or other safe and secure means of collection on the site of every pharmacy location within the city. The collection kiosks or other means of collection must be on site in easily accessible and in visible locations to patrons of the pharmacy. The collection system may include drive-up kiosks or other creative solutions for collection immediately adjacent to the site. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Upon approval and installation, evidence showing that the collection site has been implemented shall be submitted to the Department and the Commission;
(2) Notwithstanding the above, a pharmacy chain, or multiple pharmacy chains working in concert, may present an alternative proposal for approval by the Department in consultation with the Commission. This alternative proposal must yield a number of collections kiosks equal to the number of retail pharmacies the proposing chain or chains have located within the city that are not located within another retail entity. For each pharmacy location fully enclosed in another retail entity, the kiosk may be substituted for a mail back program, at no cost to the consumer, or other alternative collection system at that location. Collection sites may be either on the site of pharmacies or on the property of any partnering entity that owns or controls physical property in the city. The collection system may include drive up kiosks or other creative solutions for collection immediately adjacent to the site. Such proposals must include the exact proposed locations of each collection site and the contact information for the entity responsible for collection and disposal, and the same shall be included on individual kiosks. Such alternative proposals should, to the greatest extent possible, result in even geographic distribution of sites and address deficiencies in the existing sharps collection infrastructure. In establishing standards for approving collection site locations, the Department and Commission must consult with community representatives engaged in advocacy related to neighborhood quality of life. Upon approval and installation of collection sites described by the alternative proposal, evidence showing that the collection sites have been implemented shall be submitted to the Department and the Commission;
(3) Establish adequate provisions for the security of sharps throughout the collection process and the safety of any person involved in monitoring, staffing or servicing the collection sites;
(4) Conduct public outreach and education about the sharps collection system, including, but not limited to, providing information to patrons, at the time of purchase or receiving of sharps, regarding the proper disposal of the sharps that is informed by consultation with community representatives engaged in quality of life advocacy which may be facilitated by the Department and Commission upon request;
(5) All pharmacies, or groups of pharmacies working in concert, must report to the Department:
(a) Information regarding any vendors engaged in efforts to comply with this Section, including the business name, and whether the business is a minority owned business enterprise; women owned business enterprise; veteran owned business enterprise; service-disable veteran owned business enterprise; disability owned business enterprise; lesbian, gay, bisexual or transgender owned enterprise; or an independent business with its principal office physically located in the city;
(b) On an annual basis, data on sharps collected through pharmacy-created collection sites in a form and manner specified by the Department; and
(c) Any other information or documents required by the Department.
(6) Comply with all applicable commonwealth and federal requirements.
(B) No point-of-sale or point-of-collection, processing fees or other sharps cost increases may be charged to the individual consumers to recoup program costs.
(C) The provisions of this Section shall be interpreted and applied at all times consistently with the provisions of M.G.L. Chapter 94C, Section 27A; all provisions of any relevant general or special act; and 105 CMR 480.00, Minimum Requirements for the Management of Medical or Biological Waste (Commonwealth Sanitary Code Chapter VIII).
(D) Institutions and entities not covered by this Section are encouraged to establish sharps collection sites. Nothing in this Section shall be read to prevent institutions not covered by this Section from establishing sharps collection sites provided that they comply with applicable commonwealth and federal law.
(CBC 1985 12-16.3; Ord. 2020 c. 4 § 1)
Collection and transfer containers must meet the requirements of the federal Occupational Safety and Health Administration and the Federal Department of Transportation and be marked with the international biohazard symbol.
(CBC 1985 12-16.4; Ord. 2020 c. 4 § 1)
(A) The provisions of this Section shall become effective one year from the date of its adoption.
(B) The Commissioner of Inspectional Services, or designee, shall have jurisdiction and authority to enforce the provisions of this Section and may provide additional guidance to regulated entities.
(B) Any pharmacy found to be in violation of any provision of this Section, or who fails to comply with any of its requirements, shall be punished by a fine of $300. Each day such violation continues shall be considered a separate offense.
(C) The provisions of this Section may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction.
(CBC 1985 12-16.5; Ord. 2020 c. 4 § 1)
This Section is to establish an Office of Police Accountability and Transparency in the city, that is independent of the Boston Police Department, to investigate complaints of Police misconduct, ensure that the Boston Police Department’s internal affairs review process is fair and thorough and review Boston Police Department’s existing and proposed policies and procedures. The purpose of the OPAT is to provide a single point of entry for individuals with concerns or complaints related to the Boston Police Department and its Officers and sworn personnel to be heard and responded to, and to provide the staffing and legal authority necessary to support the work of the OPAT and its related advisory boards and panels to undertake independent investigation and review of policing in Boston.
(CBC 1985 12-17.1; Ord. 2020 c. 7 § 1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIPOC. Individuals and communities identifying as Black, Indigenous and People of Color.
BPD. The Boston Police Department.
COMMISSIONER. Any of the three members of the OPAT Commission.
CRB. The member(s), individually and collectively, of the city’s Civilian Review Board established by this Section.
EXECUTIVE ADMINISTRATION. The division of the OPAT comprised of employees responsible for carrying out the work and policy directives of the OPAT.
EXECUTIVE DIRECTOR. The person appointed to oversee the Executive Administration of the OPAT, who shall have the powers of a Department head and shall also serve as a member of the OPAT Commission.
FIO. Field investigation and observation data collected by the BPD during a stop and frisk, a consensual encounter with an individual or an observation of an individual for intelligence purposes.
IAOP. The member(s), individually and collectively, of the city’s Internal Affairs Oversight Panel established by this Section.
INTERNAL AFFAIRS. The division within BPD responsible for conducting internal investigations of Officer conduct.
OPAT. Refers collectively to the city Office established by this Section encompassing the OPAT Commission, Executive Administration, Civilian Review Board and the Internal Affairs Oversight Panel.
OPAT COMMISSION. The Office of Police Accountability and Transparency Commission established by this Section.
OPAT STAFF. The personnel, individually and collectively, of the Executive Administration.
ORDINANCE. This Section establishing the city Office of Police Accountability and Transparency.
POLICE COMMISSIONER. The Police Commissioner in charge of the Boston Police Department.
(CBC 1985 12-17.2; Ord. 2020 c. 7 § 1)
There shall be in the city a Commission known as the Office of Police Accountability and Transparency Commission, hereinafter referred to as the OPAT Commission. The OPAT Commission shall be comprised of three Commissioners, each appointed by the Mayor as follows: one Commissioner shall be the person appointed by the Mayor as the Executive Director as set forth in Subsection 12-17.5; one Commissioner shall be the person appointed by the Mayor as the Chair of the Civilian Review Board as set forth in Subsection 12-17.8; and one Commissioner shall be the person appointed by the Mayor as the Chair of the Internal Affairs Oversight Panel as set forth in Subsection 12-17.12. The Commissioners shall each have knowledge and expertise relevant to aspects of Police reform or accountability, as well as demonstrated knowledge of how demographic groups are impacted by use of force and field investigation. The Commissioner who is the Executive Director shall serve during their appointment to that role and the remaining Commissioners shall serve during their appointments as Chairs of the CRB or IAOP. The Mayor shall appoint annually a Commissioner as the Chairperson of the Commission. The Commissioners shall be residents of Boston. The Commissioners shall be classified as special municipal employees for the purposes of M.G.L. Chapter 268A. The Commissioners shall serve without compensation for their role on the Commission. Nothing in this Subsection shall preclude any Commissioner from being compensated for their role as Executive Director of the OPAT, or as a member of the CRB or IAOP.
(CBC 1985 12-17.3; Ord. 2020 c. 7 § 1)
The OPAT Commission shall have the power to:
(A) Create rules, regulations or procedures necessary to guide the conduct of investigations and making of findings and recommendations by the OPAT Staff, in keeping with all due process rights, applicable laws and statutes;
(B) By a two-thirds vote, subpoena witnesses and compel their testimony under oath, including, but not limited to, filing contempt proceedings with the Superior Court, compelling the discovery and production of documents, books, papers or evidence related to any matter under investigation by OPAT, and requiring the attendance during the examination of documentary material of any person having knowledge of the documentary material and taking testimony under oath or acknowledgment in respect of any such documentary material;
(C) Resolve differences that might arise between CRB and IAOP;
(D) In addition to business meetings necessary to fulfill other responsibilities of the OPAT Commission, it shall convene at minimum four community meetings per year across the Boston neighborhoods for the purpose of informing and updating the community about the work of the OPAT, and being informed by the community on matters of Police transparency, BPD policies and procedures, and other matters of policing in Boston;
(1) At such meetings, the OPAT Commission shall provide a public report on OPAT activities for the quarter, without disclosing personally identifiable information, including, but not limited to:
(a) The disposition of cases referred by OPAT to the CRB and IAOP;
(b) The disposition of CRB cases in which the CRB referred the matter to the Police Commissioner; what discipline, if any, was recommended by the CRB; and what discipline, if any, was implemented by the Police Commissioner;
(c) The number of complaints received, the type of misconduct alleged in those complaints and the investigatory status of those complaints;
(d) The race, ethnicity, gender, sexual orientation (if known) and age of the complainants;
(e) Any practices or policy investigations ongoing or completed, as well as any policy recommendations made pursuant to OPAT’s authority to investigate practices or patterns of behavior and BPD policies; and
(f) Efforts to promote OPAT’s function, availability and processes to the public.
(2) The meetings shall include a public comment period, during which time members of the public may address the OPAT Commission regarding any issue relevant to OPAT’s jurisdiction.
(3) The minutes of each public meeting will be posted online within a reasonable time following such meeting.
(E) The OPAT Commission shall meet with members of the Boston City Council and the Mayor on a semi-annual basis, or more frequently at the request of the OPAT Commission, Boston City Council or the Mayor, to discuss all topics relevant to the jurisdiction of the OPAT. The minutes of each meeting will be posted online within a reasonable time following such meeting;
(F) Adopt rules and regulations consistent with the laws of the commonwealth to carry out the powers and duties of the OPAT Commission and Executive Administration; and
(G) Act in any other manner consistent with this Section.
(CBC 1985 12-17.4; Ord. 2020 c. 7 § 1)
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