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City of Boston Municipal Code
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
12-1 DEPARTMENT OF HEALTH AND HOSPITALS AND TRUSTEES OF HEALTH AND HOSPITALS.
12-2 VETERANS SERVICES DEPARTMENT.
12-3 COUNCIL ON AGING.
12-4 COMMISSION FOR PERSONS WITH DISABILITIES.
12-5 COMMISSION ON MENTAL RETARDATION.
12-6 YOUTH ACTIVITIES COMMISSION AND CORPORATION.
12-7 DRUG ABUSE COORDINATING COUNCIL.
12-8 PENAL INSTITUTIONS DEPARTMENT.
12-9 HUMAN RIGHTS.
12-9A PROTECTION OF FAMILIES.
FORM A: STATEMENT OF DOMESTIC PARTNERSHIP
FORM B: STATEMENT OF TERMINATING DOMESTIC PARTNERSHIP.
FORM C: STATEMENT OF ADDITIONAL DEPENDENTS.
12-10 RESERVED.
12-11 NEIGHBORHOOD JOBS TRUST.
12-12 HIRING OF STRIKEBREAKERS OR REPLACEMENT WORKERS.
12-13 PARENTAL SCHOOL LEAVE.
12-14 PROTECTIVE CUSTODY.
12-15 CONCUSSIONS.
12-16 SAFE SHARPS DISPOSAL PROGRAM.
12-17 OFFICE OF POLICE ACCOUNTABILITY AND TRANSPARENCY.
12-18 SPECIAL COMMISSION TO END FAMILY HOMELESSNESS.
12-19 IMMIGRANT ADVANCEMENT FOR PUBLIC HEALTH AND WELFARE.
12-20 OFFICE OF CULTURAL AFFAIRS FOR 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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12-16.5   Implementation and Enforcement.
   (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)
12-16.6   Severability.
   If any provision of this Section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 12-16.6; Ord. 2020 c. 4 § 1)
12-17   OFFICE OF POLICE ACCOUNTABILITY AND TRANSPARENCY.
12-17.1   Purpose.
   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)
12-17.2   Definitions.
   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)
12-17.3   Establishment of OPAT Commission.
   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)
12-17.4   Powers and Duties of the Commission.
   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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