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Boston Overview
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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12-17.10   Complaints Appropriate for Review by the Civilian Review Board.
   The CRB will review and where appropriate conduct investigations into complaints against sworn and civilian members of the Boston Police Department.
   (A)   Complaints appropriate for review include, but are not limited to, the following:
      (1)   In-custody death or serious bodily injury while in Boston Police Department custody;
      (2)   Use of force cases resulting in death or serious bodily injury;
      (3)   Allegations of excessive use of force;
      (4)   Allegations of unlawful arrest or stop;
      (5)   Allegations of perjury;
      (6)   Allegations of theft;
      (7)   Allegations of abuse of authority;
      (8)   Allegations that the conduct of an Officer violated BPD policies regarding the respectful treatment of people, including the Bias Free Policing Policy, and/or that was motivated by discriminatory intent, including, but not limited to, slurs relating to race, expression, sexual orientation and disability; and
      (9)   Any other complaint deemed appropriate for review by the Board or referred to it for review by OPAT Staff.
   (B)   In no event shall the inquiry or investigation by the CRB interfere with any criminal investigation by any authority with jurisdiction. Where an investigation by the CRB may interfere with a criminal investigation, the CRB will seek to avoid such interference by, among other things, staying its investigation until such time as it will not interfere with other authorities or courts with jurisdiction over the matter.
   (C)   In any case where there is no complainant able to initiate a complaint, two-thirds of the nine members of the CRB may vote to authorize an investigation or take such other action they deem appropriate.
   (D)   The CRB may in its discretion research and investigate issues related to the general mission of increasing transparency, improving training and enhancing accountability of policing in Boston and make recommendations accordingly.
(CBC 1985 12-17.10; Ord. 2020 c. 7 § 1)
12-17.11   Civilian Review Board Process.
   (A)   Any person may file a complaint with OPAT Staff concerning the conduct of sworn or civilian personnel of the BPD. Complaints must include a summary of the allegation(s), the name if known of the individuals being complained of and the contact information of the complainant.
   (B)   Matters that are the subject of complaints the CRB reviews under Subsection 12-17.10 will be investigated through OPAT Staff in accordance with the protocols, rules and procedures adopted by the OPAT Commission. The CRB can adopt additional policies and procedures for its investigation and review consistent with any regulation of the OPAT Commission. Any such rules and procedures shall include the right to representation by counsel by the complainant and any BPD personnel, and shall not purport to eliminate any rights established by collective bargaining agreement or by law. Any such rules and procedures shall also allow complainants to be provided an interpreter if needed upon reasonable request or be accompanied by an interpreter of their choice.
   (C)   Following the investigation and review of a complaint, the CRB will deliberate and make one of the following findings:
      (1)   Sustained;
      (2)   Not Sustained;
      (3)   Exonerated;
      (4)   Unfounded; or
      (5)   Information inquiry or insufficient evidence to make a finding.
   (D)   Any findings of the CRB will be made by a two-thirds vote of the full nine member Board and voting will be conducted in public. All findings will be provided to the Mayor, the Boston City Council and the Police Commissioner within a period of three business days from the date of the vote.
   (E)   If the CRB makes a sustained finding, the Board shall also make disciplinary recommendations based on the Board’s findings of fact and consistent with a matrix and guidelines. The discipline matrix and guidelines shall act as safeguards to ensure the consistent application of discipline and should include aggravating and mitigating factors. The discipline matrix and guidelines should be developed by the Police Commissioner. Should the Police Commissioner choose not to implement the disciplinary action recommended by the CRB, the Police Commissioner shall notify the CRB of the implemented disciplinary action and detail the reasons the recommendation was not accepted.
   (F)   All determination outcomes must be published without modification or approval of any city employee or other body.
   (G)   OPAT Staff will notify the complainant of the determination made by the CRB. All notifications made to the complainant must be sent by certified mail, return receipt requested.
   (H)   The CRB, consistent with any rules or regulations of the OPAT Commission, shall in conjunction with OPAT Staff establish a target timeline for the CRB’s review of complaints and shall publicize the timeline status of each case. If the CRB is unable to adhere to the timeline for review set forth above, OPAT Staff shall provide timely notification of that fact to the individuals involved in the complaint.
(CBC 1985 12-17.11; Ord. 2020 c. 7 § 1)
12-17.12   Internal Affairs Oversight Panel.
   (A)   There shall be within the OPAT a Board known as the “Internal Affairs Oversight Panel”, or “IAOP”, charged with reviewing completed investigations of the Boston Police Department’s Internal Affairs Division. The IAOP will consist of five members appointed by the Mayor to terms of three years, not to exceed two consecutive terms. Terms shall be staggered to ensure that at least two members have 18 months of service. The Mayor will appoint members from a pool of applicants, preferably licensed attorneys, with experience in civil rights advocacy, youth advocacy and those with past experience and knowledge of law enforcement. The Mayor will appoint two members from three nominees per seat submitted by the Boston City Council. The current members of the IAOP established by executive order shall be the initial members of the IAOP and shall serve the remainder of their current terms, with vacancies to be filled in accordance with this Section. Members of the IAOP must be residents of Boston.
   (B)   The Mayor shall annually designate one member of the IAOP to serve as Chair, which designation shall serve as an appointment to the OPAT Commission. The Chair shall 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. No person shall be designated as Chair for more than two years consecutively.
   (C)   Panel members may be removed from Office by the Mayor prior to the normal expiration of their term upon a finding by the Boston City Council and Mayor of consistent failures to perform Panel member duties or acting in contravention of the Panel’s purposes.
   (D)   Each member will be paid $100 per hour for their service, not to exceed $50,000 per year. Members of the IAOP are hereby designated special municipal employees.
(CBC 1985 12-17.12; Ord. 2020 c. 7 § 1)
12-17.13   Powers and Duties of Internal Affairs Oversight Panel.
   The IAOP will have the following powers and duties:
   (A)   Provide external oversight of Boston Police internal affairs investigations for thoroughness and fairness;
   (B)   Periodically review policies and procedures and provide a report to the Mayor and the Police Commissioner on the integrity of the complaint and internal affairs process;
   (C)   Convene all IAOP members at least once per quarter, but more often at the discretion of the IAOP;
   (D)   Produce an annual report to the Mayor and the Police Commissioner documenting cases reviewed and the outcome of the IAOP’s review for each case;
   (E)   To review completed cases of the Boston Police Department’s Internal Affairs Division (“IAD”);
   (F)   To have access to all materials in the completed internal affairs files, except those documents protected from disclosure by law;
   (G)   To make recommendations for further investigation or clarification to OPAT Staff or the Chief of the Boston Police Department’s Bureau of Professional Standards; and
   (H)   To make recommendations to the Police Commissioner regarding reviewed cases.
(CBC 1985 12-17.13; Ord. 2020 c. 7 § 1)
12-17.14   Cases Appropriate for Review by the Internal Affairs Oversight Panel.
   The IAOP will review the following categories of cases:
   (A)   All completed internal affairs cases at its discretion, or by referral of the Police Commissioner or Boston City Council, and without limitation to the nature of the allegation or the number of cases reviewed: in exercising its discretion to review cases, the Panel shall review a random sample of not sustained, exonerated or unfounded complaints; and
   (B)   All completed internal affairs cases with not sustained, exonerated or unfounded findings appealed by complainants who allege that the investigation of their complaint was either unfair and/or not thorough.
(CBC 1985 12-17.14; Ord. 2020 c. 7 § 1)
12-17.15   IAOP Review Process.
   (A)   For cases in category a of Subsection 12-17.14, the intake process is as follows:
      (1)   The following categories of cases will be automatically referred by IAD for review within 14 days of a finding of not sustained, exonerated or unfounded:
         (a)   In-custody death or serious bodily injury while in Boston Police Department custody;
         (b)   Use of force cases resulting in death or serious bodily injury;
         (c)   Allegations of excessive use of force;
         (d)   Allegations of unlawful arrest or stop;
         (e)   Allegations of perjury;
         (f)   Allegations of theft;
         (g)   Allegations of abuse of authority;
         (h)   Allegations that the conduct of an Officer violated BPD policies regarding the respectful treatment of people, including the Bias Free Policing Policy, and/or that was motivated by discriminatory intent, including, but not limited to, slurs relating to race, expression, sexual orientation and disability; and
         (i)   Any other case deemed appropriate for review by the Police Commissioner or the Chief of the Bureau of Professional Standards.
      (2)   The IAOP, in its discretion, may request to review any case or group of cases, and in addition shall request that a random sample of cases be referred to it in whatever percentage of closed cases it shall designate, in its discretion from time to time.
      (3)   The individuals involved in the internal affairs case will receive notification that will include, inter alia, the date received by OPAT Staff, an identification number and information regarding the time track to which the case is assigned.
   (B)   For cases in Subsection 12-17.14(B), the review process is as follows.
      (1)   Notification of the final determination of an internal affairs case will be sent to the complainant by the Commander of IAD. If the Police Commissioner’s finding is not sustained, exonerated or unfounded, the complainant will be informed of their ability to file an appeal of the finding with the IAOP, along with information about how and where to file.
      (2)   A complainant seeking to file an appeal to the IAOP must file an appeal with OPAT Staff in writing within 14 days of the date the notification of the finding from IAD is mailed. If the appeal is sent via mail, the appeal must be postmarked within 14 days from the notification of the finding from IAD is mailed.
      (3)   The individuals involved in the internal affairs case will receive notification that will include, inter alia, the date received by OPAT Staff, an identification number and information regarding the time track to which the case is assigned.
   (C)   For all cases, once received by the IAOP, the review process is as follows.
      (1)   Following the review of an internal affairs investigation, the Panel will deliberate and make one of the following findings:
         (a)   Agree with the internal affairs findings;
         (b)   Disagree with the internal affairs findings; or
         (c)   Refer the case to IAD for further investigation or action.
      (2)   Any findings and conclusions of the IAOP will be made by a majority vote of the full five member Panel. Said findings will be provided to the Mayor, the Boston City Council and the Police Commissioner within a period of ten business days from the date of the vote.
      (3)   If the Panel agrees with the internal affairs findings, the Panel must submit its findings to the Police Commissioner, the Chief of the Bureau of Professional Standards, the Legal Advisor for the Boston Police Department and the named Officer(s).
      (4)   If the Panel disagrees with the internal affairs findings, the appeal will be referred to the Police Commissioner.
      (5)   If, pursuant to procedure defined above, the Police Commissioner determines that a case was investigated fairly and thoroughly, the Police Commissioner will notify the Panel, the Chief, the Legal Advisor and the named Officer(s).
      (6)   OPAT Staff will notify the complainant of the determination made by the Panel or the Police Commissioner. All notifications made to the complainant must be sent by certified mail, return receipt requested.
      (7)   OPAT Staff will maintain all case files for the IAOP. The case files will be treated as confidential and will be reviewed only by OPAT Staff and the IAOP. Except as required by law, such case files will not be duplicated or available for inspection by the public, and OPAT Staff must return all case files to IAD within 14 days of the final determination.
      (8)   The IAOP, consistent with any rules or regulations of the OPAT Commission, shall, in conjunction with OPAT Staff, establish a target timeline for the IAOP’s review of appeals and shall
publicize the timeline status of each case. If the IAOP is unable to adhere to the timeline for review set forth above, OPAT Staff shall provide timely notification of that fact to the individuals involved in the complaint.
(CBC 1985 12-17.15; Ord. 2020 c. 7 § 1)
12-17.16   Communication.
   (A)   Semi-annual reports. The OPAT will publish semi-annual reports and make the reports available to the public on its website. The semi-annual reports will include: OPAT’s findings of its reviews and analyses of FIO data and BPD statistics; findings related to disparate treatment, discipline or termination of BIPOC Officers, in conjunction with the CRB; summary and results of reviews of BPD policies and procedures; summary and results of evaluations of alternatives to the civil service examination process; summary and results of reviews of grant selection and implementation; citizen complaint determinations, in conjunction with the CRB; and the results of reviews of completed Internal Affairs investigations, in conjunction with the IAOP.
   (B)   Annual report. The Executive Director shall also make an annual report to the Mayor and Police Commissioner documenting the work of the OPAT, CRB and IAOP for the year. This report shall be filed with the Boston City Council.
   (C)   Public reporting of complaints. Information about complaints received by OPAT shall be published on a monthly basis and in a disaggregated manner to protect personally identifiable information, including:
      (1)   The number of complaints it receives;
      (2)   The race, ethnicity, gender, sexual orientation (if known) and age of the complainants;
      (3)   The precincts and neighborhoods in which the misconduct is alleged to have taken place;
      (4)   The basic facts of complaints (with personally identifiable information redacted);
      (5)   The disposition of each complaint;
      (6)   The recommended discipline, if any, for each complaint;
      (7)   The discipline issued, if any, for each complaint; and
      (8)   Any other information the Board shall determine is relevant or appropriate to carry out its duties and responsibilities.
   (D)   Public reporting of BPD Statistics. OPAT shall request from the BPD and publish on a monthly basis, in accordance with all applicable governing laws, rules and regulations, the following:
      (1)   The number of stops made by BPD Officers during the previous period, including such disaggregated data that OPAT Commission may deem relevant;
      (2)   The number of use of force incidents by the BPD during the previous period, including such disaggregated data that the OPAT Commission may deem relevant;
      (3)   The number of arrests made during the previous period, including such disaggregated data that the OPAT Commission may deem relevant; and
      (4)   The amount of money the city expended in settlements or judgments to resolve tort, civil rights or other legal claims filed against the BPD, as well as the basic facts associated with those claims to the extent permitted by law or not otherwise restricted from disclosure.
   (E)   OPAT website. OPAT will create and maintain a publicly accessible website to publish its semi-annual and annual reports, OPAT’s rules and procedures, case timelines, progress on various BPD reform goals, reporting of complaint information, reporting of BPD statistics, meeting minutes and any other information at the discretion of the Executive Director. Information published on OPAT’s website shall be made available in compliance with the City’s Language and Communications Access Ordinance and in an electronic format not only accessible via a computer.
(CBC 1985 12-17.16; Ord. 2020 c. 7 § 1)
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