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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)
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