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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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12-17.16   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)
12-17.17   Training.
   (A)   BPD training of CRB and IAOP. Upon appointment to the CRB or IAOP, each Board member shall attend a three- to four-day training by the BPD, tailored specifically for each entity, that shall include the following, but not be limited to: all policies, protocols and practices for arrests, bookings, special investigation units, internal affairs, Officer-involved shootings, use of force policies, training policies and Academy, crisis intervention teams, firearms, explosives and SWAT. Upon appointment, CRB and IAOP members shall also attend: 
      (1)   Training provided by outside legal counsel including, but not limited to, the commonwealth’s Attorney General’s Office, Suffolk County District Attorney’s Office and/or a relevant bar association on the issues of abusive language, false arrest, false imprisonment, harassment, use of excessive force, serious bodily injury, Police-involved firearm discharge investigations and Police-involved shooting fatality investigations;
      (2)   Training in civilian oversight through the National Association for Civilian Oversight of Law Enforcement (“NACOLE”) or equivalent programs that meet NACOLE’s recommended training for board and commission members; and
      (3)   Any additional training the OPAT Commission determines to be relevant.
   (B)   Additional training. Each CRB and IAOP member and OPAT staff will undergo annual training necessary to fulfill the responsibilities set forth herein, including, but not limited to: specific allegations and complaints that are the subject of OPAT’s oversight responsibilities; unconscious bias, anti-racist and racial equity training including Boston specific historical context; community organization and outreach; and other relevant diversity and inclusion initiatives.
   (C)   BPD manual; Board procedures. All BPD Police Officers and BPD staff will receive an explanation of OPAT’s existence, purpose and procedures, which will be included in a bulletin or manual of rules and procedures. Such explanation will be included in a training program whether in connection with existing training programs or in an additional program to be created by BPD in partnership with the OPAT Commission.
(CBC 1985 12-17.17; Ord. 2020 c. 7 § 1)
12-17.18   Complaint Mediation Program.
   (A)   The Boston Police Department has implemented the Police-Community Mediation Program. This program serves as a voluntary alternative to the formal complaint process, and will be available to those Officers and complainants involved in less serious incidents. The Police Commissioner, or his or her designee, determines which complaints are appropriate for the Complaint Mediation Program. The Executive Director shall designate an employee to serve as a liaison to the Police-Community Mediation Program. Whenever OPAT Staff determines that referral for mediation is an appropriate course of action for any complaint filed with it, the designated liaison shall contact both complainant and the Police-Community Mediation Program in order to inform them of the opportunity to mediate and facilitate the initiation of mediation at the election of the complainant. Where a complainant elects not to participate in mediation, OPAT Staff shall recommend dismissal, out of scope designation, referral to IAOP or referral to CRB.
   (B)   Nothing in division (A) above shall prevent the OPAT from establishing a voluntary mediation program to mediate resolutions of complaints.
(CBC 1985 12-17.18; Ord. 2020 c. 7 § 1)
12-17.19   Severability.
   If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Section, which shall remain in full force and effect.
(CBC 1985 12-17.19; Ord. 2020 c. 7 § 1)
12-17.20   Effective Date.
   The provisions of this Section shall take effect on the first day of the fiscal year beginning after the passage of this Section, or 30 days after the approval of any supplementary appropriation for the funding of the OPAT in an earlier fiscal year.
(CBC 1985 12-17.20; Ord. 2020 c. 7 § 1)
12-18   SPECIAL COMMISSION TO END FAMILY HOMELESSNESS.
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