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Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1963) online

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such other term as the by-law or ordinance may prescribe. Every person
holding an office or position subject to the civil service law and rules
shall, if the office or position is abolished by a by-law or ordinance made
under this section and the by-law or ordinance so provides, be reappointed
without civil service examination or registration to a similar office or
position with similar status in any new department or agency, or division
of either, thereby created or in any department or agency, or division
of either, not thereby abolished; and every such person shall upon such
reappointment, retain all rights to retirement with pension that shall
have accrued or would thereafter accrue to him; and his services shall be
deemed to have been continuous to the same extent as if such abolition
had not taken place. As used in this section, the term "agency" shall
be construed to mean any office in charge of a board or officer not subject
to the direction of a department head. Nothing in this section shall
authorize any action in conflict with the civil service laws or rules ex-
cept as expressly provided herein; nor shall any by-law or ordinance made
under this section affect in any way the school committee or any board
or officer of the school committee or school department, or the board of
commissioners of school buildings or the superintendent of construction,
or the board of trustees of the teachers' retirement fund or the board of
trustees of the permanent school pension fund, or the Boston retirement

* Sect. 5 as amended by Stat. 1953, Chap. 473.



34 MUNICIPAL REGISTER

board, or the city clerk, or the board of election commissioners, or the
Boston traffic commission, or any board or officer appointed by the
governor.

Sect. 6. No contract for lighting the public streets, parks, or alleys,
or for the collection, removal, or disposal of refuse, extending over a
period of more than one year from the date thereof, shall be valid without
the approval of the mayor and the city council after a public hearing
held by the city councU of which at least seven days' notice shall have
been given in the City Record.



Sect. 8. Neither the city council, nor any member or committee,
officer, or employee thereof shall, except as otherwise provided in this
act, directly or indirectly on behalf of the city or of the county of Suffolk
take part in the employment of labor, the making of contracts, the
purchase of materials, supplies or real estate; nor in the construction,
alteration, or repair of any public works, buildings, or other property;
nor in the care, custody, and management of the same; nor in the conduct
of the executive or administrative business of the city or county; nor in
the appointment or removal of any municipal or county employee; nor in
the expenditure of pubUc money except such as may be necessary for the
contingent and incidental expenses of the city council. . . .

It shall be unlawful for the mayor or for a member of the city council
or for any officer or employee of the city or of the county of Suffolk or for
a member of the finance commission directly or indirectly to make a con-
tract with the city or with the county of Suffolk, or to receive any com-
mission, discount, bonus, gift, contribution or reward from or any share
in the profits of any person or corporation making or performing such
contract, unless such mayor, member of the city council, officer, or em-
ployee or member of the finance commission immediately upon learning
of the existence of such contract or that such contract is proposed, shall
notify in writing the mayor, city council, and finance commission of such
contract and of the nature of his interest in such contract and shall abstain
from doing any official act on behalf of the city in reference thereto. In
case of such interest on the part of an officer whose duty it is to make such
contract on behalf of the city, the contract may be made by any other
officer of the city duly authorized thereto by the mayor, or if the mayor
has such interest by the city clerk: provided, however, that when a con-
tractor with the city or county is a corporation or voluntary association,
the ownership of less than five per cent of the stock or shares actually
issued shall not be considered as being an interest in the contract within
the meaning of this act, and such ownership shall not affect the vaUdity
of the contract, unless the owner of such stock or shares is also an officer
or agent of the corporation or association, or solicits or takes part in the
making of the contract.

A violation of any provision of this section shall render the contract in
respect to which such violation occurs voidable at the option of the city or



CITY CHARTER WITH AMENDMENTS 35

county. A.ny person violating the provisions of this section shall be
punished by a fine cf not more than one thousand dollars, or by im-
prisonment for not more than one year, or both. . . ,

The Executive Depaktmbnt
Sect. 9. All heads of departments and members of municipal boards,
including the board of street commissioners, as their present terms of
oflBce expire (but excluding the school committee and those officials by
law appointed by the governor), shall be appointed by the mayor without
confirmation by the city council. They shall be recognized experts in
such work as may devolve upon the incumbents of said offices, or persons
specially fitted by education, training or experience to perform the same,
and (except the election commissioners, who shall remain subject to the
provisions of existing laws) shall be appointed without regard to party
affiliation or to residence at the time of appointment except as hereinafter
provided.

Sect. 12. A vacancy in any office to which the provisions of section
nine of this act apply, shall be filled by the mayor under the provisions of
said section and pending a permanent appointment he shall designate
some other head of a department or member of a board to discharge the
duties of the office temporarily.

Sect. 13.* Members of boards shall be appointed for the terms estab-
lished by law or by ordinance. Heads of departments shall be appointed
for terms of four years beginning with the first day of May of the year in
which they are appointed and shall continue thereafter to hold office
during the pleasure of the mayor.

Sect. 14. The mayor may remove any head of a department or member
of a board (other than the election commissioners, who shall remain subject
to the provisions of existing law) by fifing a written statement with the
city clerk setting forth in detail the specific reasons for such removal, a
copy of which shall be dehvered or mailed to the person thus removed, who
may make a reply in writing, which, if he desires, may be filed with the
city clerk; but such reply shall not affect the action taken unless the mayor
80 determines. The provisions of this section shall not apply to the school
committee or to any official by law appointed by the governor.

Sect. 15. The positions of assistants and secretary authorized by
Beetle n twenty of chapter four hundred and forty-nine of the acts of the
year eighteen hundred and ninety-five except those in the election depart-
ment are hereby abolished, and except as aforesaid the said section is
hereby repealed.

The civil service laws shall not apply to the appointment of the mayor's
secretaries, nor of the stenographers, clerks, telephone operators and
messengers connected with his office, and the mayor may remove such
appointees without a hearing and without making a statement cf the
cause for their removal.

* Sect. 13. Affected by Stat. 1953, Chap. 473.



36 MUNICIPAL REGISTER

Sect. 16. No oflBcial of said city, except in case of extreme emergency
involving the health or safety of the people or their property, shall expend
intentionally in any fiscal year any sum in excess of the appropriations
duly made in accordance with law, nor involve the city in any contract for
the future payment of money in excess of such appropriation, except aa
provided in section six of this act. Any oflBcial who shall violate the
provisions of this section shall be punished by imprisonment for not
more than one year, or by a fine of not more than one thousand dollars,
or both.

Sect. 16A.* Anything in section three A or section sixteen to the
contrary notwithstanding, city and county officers who are authorized
to make expenditures, and the school committee, may, during any fiscal
year, at the time of, or after, contracting for the performance or delivery
during the remainder of such year of any work, services or supplies of a
constantly recurrent nature, contract, without an appropriation, upon
like or more favorable terms and conditions, for the performance or de-
livery of such work, services or supplies for the whole or any part of the
first three months of the next fiscal year; provided, that in no event shall
the average monthly liability incurred with respect to the next fiscal
year exceed the average monthly liability for such work, services or supplies
during the last nine months of the then current fiscal year.

The Finance Commission

Sect. 17. Within sixty days after the passage of this act the governor
with the advice and consent of the council shall appoint a finance com-
mission to consist of five persons, inhabitants of and qualified voters in
the city of Boston, who shall have been such for at least three years prior
to the date of their appointment, one for the term of five years, one for
four years, one for three years, one for two years, and one for one year,
and thereafter as the terms of office expire in each year one member for a
term of five years. Vacancies in the commission shall be filled for the
unexpired term by the governor with the advice and consent of the council.
The members of said commission may be removed by the governor with
the advice and consent of the council for such cause as he shall deem
sufficient. The chairman shall be designated by the governor. His
annual salary shall be five thousand dollars, which shall be paid in monthly
instalments by the city of Boston. The other members shall serve without
pay.

Sect. 18. It shall be the duty of the finance commission from time to
time to investigate any and all matters relating to appropriations, loans,
expenditures, accounts, and methods of administration affecting the city
of Boston or the county of Suffolk, or any department thereof, that may
appear to the commission to require investigation, and to report thereon
from time to time tc the mayor, the city council, the governor, or the
general court. The commission shall make an annual report in January
of each year to the general court.

* Sect. 16A. Inserted by Stat. 1951, Chap. 182.



CITY CHARTER WITH AMENDMENTS 37

Sect. 19. Whenever anj'^ pay roll, bill, or other claim against the city
is presented to the mayor, city auditor, or the city treasurer, he shall, if
the same seems to him to be of doubtful validity, excessive in amount, or
otherwise contrary to the city's interest, refer it to the finance commission,
which shall immediately investigate the facts and report thereon; and
pending said report payment shall be withheld.

Sect. 20.* The said commission is authorized to employ such experts,
counsel, and other assistants, and to incur such other expenses as it may
deem necessary, and the same shall be paid by said city upon requisition
by the commission, not exceeding in the aggregate in any year the sum of
sixty-five thousand dollars, or such additional sums as may be appropri-
ated for the purpose by the city council and approved by the mayor. A
sum sufl&cient to cover the salary of the chairman of the commission and
the further sum of at least sixty-five thousand dollars to meet the expenses
as aforesaid each year shall be appropriated by said city. The commis-
sion shall have the same right to incur expenses in anticipation of its ap-
propriation as if it were a regular department of said city.

Sect. 21. For the purpose of enabling the said commission to perform
the duties and carry out the objects herein contemplated, and to enable
the mayor, the city council, the governor or the general court to receive
the reports and findings of said commission as a basis for such laws, ordi-
nances, or administrative orders as may be deemed meet, the commission
shall have all the powers and duties enumerated in chapter five hundred
and sixty-two of the acts of the year nineteen hundred and eight and
therein conferred upon the commission designated in said act; but counsel
for any witness at any public hearing may ask him any pertinent question
and may offer pertinent evidence through other witnesses subject to
cross-examination by the commission and its counsel.

The City Clerk
Sect. 22. The present city clerk shall hold office for the term for
which he has been elected, and thereafter until his successor is chosen and
qualified. In the year nineteen hundred and eleven, and every third
year thereafter, a city clerk shall be elected by a majority of the members
of the city council, to hold office until the first Monday in February in the
third year following his election, and thereafter until his successor has
been duly chosen and qualified, unless sooner removed by due process of
law. . . .

The City Auditor
Sect. 23. All accounts rendered to or kept in the departments of the
city of Boston or county of Suffolk shall be subject to the inspection and
revision of the city auditor, and shall be rendered and kept in such form
as he shall prescribe. The auditor may require any person presenting for
settlement an account or claim against the city or county to make oath

* Sect. 20 as amended by Stat. 1921, Chap. 81, Stat. 1924, Chap. 369
Stat. 1948, Chap. 175, and Stat. 1961, Chap. 40.



38 MU/NICIPAL EEGISTER

before him in such form as he may prescribe as to the accuracy of such
account or claim. The wilful making of a false oath shall be perjury
and punishable as such. The auditor may disallow and refuse to pay, in
whole or in part, any claim on the ground that it is fraudulent or unlawful
and in that case he shall file a written statement of his reasons for the
refusal.

Sect. 24. Whenever, in response to an advertisement by any officer or
board of the city or county, a bid for a contract to do work or furnish
materials is sent or delivered to said officer or board, a duplicate of the
same shall be furnished by the bidder to the auditor, to be kept by him
and not opened until after the original bids are opened. After the original
bids are opened, the auditor shall open and examine the bids submitted
to him, and shall compare the same with the original bids. In case any
of the bids submitted to the auditor differ from the corresponding original
bids, those submitted to the auditor shall be treated as the original bids.
The contract shall not be awarded until after both sets of bids are opened.

Sect. 25. The auditor shall furnish monthly to each head of depart-
ment a statement of the unexpended balance of the appropriation for that
department, and he shall furnish to the mayor and city council a statement
of the unexpended balances of all the departments. He shall furnish
quarterly to the city council an itemized statement showing the amount
of money expended by the mayor and the city council for contingent
expenses.

Miscellaneous Provisions

Sect. 26.* All loans issued by the city after the passage of this act
shall be made payable in annual instalments in the manner authorized by
section thirteen of chapter twenty-seven of the Revised Laws as amended
by section one of chapter three hundred and forty-one of the acts of the
year nineteen hundred and eight. No sinking fund shall be established
for said loan. All bonds shall be offered for sale in such a manner that
the premiums, if any are received, shall be applied in accordance with the
provisions of chapter three hundred and seventy-nine of the acts of the
year nineteen hundred and ten. No city or county money shall be de-
posited in any bank or trust company of which any member of the board
of sinking fund commissioners of said city is an officer, director, or agent.
Nothing herein shall apply to transit bonds of the city of Boston issued
imder the provisions of the several acts authorizing the construction of
tunnels and subways in said city by the Boston Transit Commission, and
said bonds may be issued as heretofore and secured by sinking fund.

Sect. 27. t Every officer and board in charge of a department of the
city of Boston or county of Suffolk shall, on or before the sixth day of

* Sect. 26 as amended by Stat. 1910, Chap. 437, Sect. 1, and Stat. 1911,
Chap. 165, Sect. 1.

t Sect. 27 as amended by Special Stat. 1919, Chap. 168, Sect. 1, Stat.
1922, Chap. 133, Sect. 1, Stat. 1938, Chap. 263, Sect. 1, and Stat. 1951,
Chap. HI.



CITY CHARTER WITH AMENDMENTS 39

February in each year, prepare and furnish tc the city auditor a Ust of
the officials and employees under said officer or board and paid by the
city or county on the first day of such February. Such list shall give the
name, residence by street and ward, designation, compensation, and date
of election or appointment of each of said officials and employees and the
date when each first entered the employ of the city or county. It shall
be the duty of the city auditor to verify said lists by the pay rolls and to
keep a copy of said lists open for public inspection, and to prepare and
publish in the City Record on or before the tenth day of April in each
year a comparative table containing the number of such officials and
employees holding office or employed in each such department or board
and paid by the city or county on the compilation date in each of the ten
years next preceding such pubUcation. The term "compilation date,"
as herein used, shall be construed to mean, with respect to the year nine-
teen hundred and fifty-one or any prior year, the first day of January,
and with respect to the year nineteen hundred and fifty-two or any subse-
quent year, the first day of February.

Sect. 28. The jurisdiction now exercised by the board of aldermen
concerning the naming of streets, the planting and removal of trees in the
public ways, the issue of permits or licenses for coasting, the storage of
gasohne, oil, and other inflammable substances or explosive compounds
and the use of the public ways for any permanent or temporary obstruction
or projection in, imder, or over the same, including the location of con-
duits, poles, and posts for telephone, telegraph, street railway, or illumi-
nating purposes, is hereby vested in the board of street commissioners, to
be exercised by said board with the approval in writing of the mayor; and
the mayor and city council shall have authority to fix by ordinance the
terms by way of cash payment, rent, or otherwise, upon which permits or
licenses for the storage of gasoline or oil, or other inflammable substances
or explosive compounds, and the construction or use of coal holes, vaults,
bay windows, and marquises, in, under, or over the public ways shall be
issued.

Sect. 29.* Within ninety days after the passage of this act and there-
after there shall be published at least once a week and distributed and sold
under the direction of the mayor and on terms to be fixed by the city
council and approved by the mayor a paper to be known as the "City
Record." All advertising with reference to the sale of property for non-
payment of taxes shall appear exclusively in the City Record. All other
advertising, whether required by law or not, with reference to the pur-
chase or taking of land, contracts for work, materials or supplies, and the
sale of bonds, shall appear in said paper, and in such newspaper or news-
papers as the mayor, in his discretion, may order; a list of all contracts of
one thousand dollars or more, as awarded, with the names of bidders, and
the amount of the bids; appointments by the mayor; and changes in the

* Sect. 29 as amended by Stat. 1934, Chap. 185, Sect. 1, and fetat. 1947,
Chap. 447, Sect. 1.



40 MUNICIPAL REGISTER

number and compensation of employees in each department, shall be
published in the City Record. Failure to publish in such newspaper or
newspapers as the mayor may order shall not invaUdate any purchase,
contract or sale made or action taken by the city. The proceedings of the
city council and school committee together with all communications from
the mayor, shall be published in the City Record; provided, that the sub-
stance of debates by and among the members of the city council shall not
be so published or published elsewhere at the expense of said city.

Sect. 30.* Every officer or board in charge of a department in said
city and every officer, board or official of the county of Suffolk having
power to incur obligations on behalf of said county in cases where said
obligations are to be paid for wholly from the treasury of said city, when
authorized to erect a new building or to make structural changes in an
existing building, shall make contracts therefor, not exceeding five, each
contract to be subject to the approval of the mayor; and when about to
do any work or to make any purchase, the estimated cost of which alone,
or in conjunction with other similar work or purchase which might properly
be included in the same contract, amounts to or exceeds two thousand
dollars, shall, unless the mayor gives written authority to do otherwise,
invite proposals therefor by advertisements in the City Record. Such
advertisements shall state the time and place for opening the proposals in
answer to said advertisement, and shall reserve the right to the officer,
board or official to reject any or all proposals. No authority to dispense
with advertising shall be given by the major unless the said officer, board
or official furnishes him with a signed statement which shall be published
in the City Record giving in detail the reasons for not inviting bids by
advertisement.

Sect. 31. At the request of any department, and with the approval of
the mayor the board of street commissioners, in the name of the city, may
take in fee for any municipal purpose any land within the limits of the
city, not already appropriated to public use. Whenever the price pro-
posed to be paid for a lot of land for any municipal purpose is more than
twenty-five per cent higher than its average assessed valuation during the
previous three years, said land shall not be taken by purchase but shall
be taken by right of eminent domain and paid for in the manner provided
for the taking of and the payment of damages for land for highways in
said city. No land shall be taken until an appropriation by loan or other-
wise for the general purpose for which land is needed shall have been
made by the mayor and city council by a two thirds vote of all its members;
or in case of land for school purposes by the school committee and school-
house department in accordance with law; nor shall a price be paid in
excess of the appropriation, unless a larger sum is awarded by a court of
competent jurisdiction. All proceedings in the taking of land shall be

* Sect. 30 as amended by Stat. 1939, Chap. 156, Sect. 1, and Stat. 1955,
Chap. 60, Sect. 2.



CITY CHARTER WITH AMENDMENTS 41

under the advice of the law department, and a record thereof shall be
kept by said department.

Sect. 32.* Beginning in the year nineteen hundred and twenty-five,
the municipal election in said city shall take place biennially in every odd
numbered year on the Tuesday after the first Monday in November.

Sect. 34. In Boston beginning with the current year poUtical com-
mittees shall be elected at the state primaries instead of at the municipal
primaries.



* Sect. 32 as amended by Stat. 1914, Chap. 730, Sec. 1, Stat. 1921,
Chap. 288, Sect. 1, and Stat. 1924, Chap. 479, Sect. 4.



ORGANIZATION OF BOSTON'S CITY GOVERNMENT



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CHIEF OFFICIALS OF EXECUTIVE DEPARTMENTS 43


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Online LibraryBoston (Mass.)Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1963) → online text (page 4 of 16)