2. Boston’s Organizational Structure

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Boston’s Organizational Structure

The City of Boston is a municipal corporation. over the affairs of the city. In 1854, the Like all corporations, an efficient Charter was amended to give the Mayor organizational structure is essential to the limited appointment and veto powers. As the City’s ability to provide quality services at a low city continued to grow, efficient governance cost. Over the nearly 200 year history of the necessitated a more centralized governing City of Boston, the organizational structure has power. As a result, the Charter was amended, constantly evolved to address changes in the once in 1885, allocating essentially all city and its service needs. Thus, the City executive powers to the Mayor, and again in government looks, today, very different from 1909, abolishing the Board of Alderman and the government described in the Charter and the Common Council. In 1948, Boston the Municipal Code. residents were given the opportunity to vote on which form of government would run the City. This section provides a historical and present The voters chose a “Plan A”, or “strong day perspective on the structure of Boston’s Mayor”, form of government, which was government and how the administrative and implemented in the 1951 and 1953 Charter legal structures function together. This section amendments and remains to modern times. was previously released to Mayor Walsh’s transition team as a comprehensive look at the As the role of the Mayor strengthened over cabinet structure. Most of the cabinet time, new layers of state supervision were structure remains the same as of the printing added as a check on the Mayor’s power. In of this report. 1909, a Finance Commission was established to “investigate any and all matters relating to The City Charter The Boston City Charter is appropriations, loans, expenditures, accounts not contained within a single document. and methods of administration affecting the Rather, the Charter comprises a series of state city”. Also in 1909, the state Civil Service laws enacted over the past century. The Commission was given the power to approve Charter has also been modified by mayoral appointees. Other state limitations on Massachusetts general laws affecting all Boston’s autonomy from this period include municipalities, local options as enacted by the statutory limitations on the City’s power to tax, State Legislature and Governor and accepted spend, borrow, or increase assessments without by the City, and home rule legislation or state authority. petitions passed by the Mayor, the City Council, the state Legislature and the Home Rule in Massachusetts In 1966, the Governor. The History of the Boston City Massachusetts Legislature adopted Charter shows a trend of revisions and Amendment Article 89, commonly known as reenactments that strengthen the executive the Home Rule Amendment and M.G.L. power of the Mayor. Chapter 43B, commonly known as the Home Rule Procedures Act. The amendment and The Massachusetts Legislature enacted special statute grant Boston the right of self- legislation creating the first Boston City governance in local matters. The power Charter in 1822. The original governmental granted can be classified in three ways: (1) the structure called for a Mayor, a Board of power to create a Charter, (2) general Home Aldermen and a Common Council. Under Rule authority , and (3) Home Rule petition this scheme, the Mayor had very little power authority. Despite these three grants of power,

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Boston remains largely dependent on the state What is Civil Service? Legislature in exercising its legal power. Civil Service is a merit system under which Home Rule gives Boston the power to establish State and municipal employees may be a Charter for itself. Boston has yet to exercise hired and promoted. Qualifying state and this power and continues to operate under the municipal employees are hired, promoted Charter established in 1951. Boston’s and terminated subject to procedures set reluctance to apply the charter-creating power is forth in M.G.L. c. 31 and the Personnel because of the uncertainty involved in the Administration Rules (PAR's). These process. Under the Home Rule Amendment standards ensure that all employment and Home Rule Procedures Act, Boston can decisions are based on the relative ability, replace its Charter only by placing the whole of knowledge and skills of the public employee, its governmental structure in the hands of a and that all individuals receive fair and separately elected Charter commission. This impartial treatment. commission may pursue any reform it deems beneficial, before submitting its proposal to the residents for a vote. Historically, Boston and provide for the punishment of a felony or officials have been wary of putting the entire to impose imprisonment. For these six areas, governmental structure of the City up for Boston may only act if it has been specifically reform in this manner. authorized to do so by a state statute.

As an alternative to establishing a new Charter, For situations where Boston’s general Home the Home Rule Petition grants Boston the Rule power has been limited, Section 8 of the ability to make “minor amendments” to its Home Rule Amendment authorizes the City to Charter. The City Council, with a two-thirds use a "home rule petition" to achieve changes in vote, may propose a change that voters can structure. Under Section 8, the Mayor and approve by referendum. However, this City Council can petition the state Legislature procedure is only permitted for minor changes to enact a special law affecting only Boston. to the Charter. The legislature may deny, enact, or enact subject to a referendum vote of the residents of In addition to the charter and establishment Boston. Any law enacted pursuant to Home power, Section 6 of the Home Rule Rule Petition can be modified only by further

Amendment vests general Home Rule Power in action by the state Legislature. the City. Section 6 authorizes Boston to exercise “any power or function which the Mayoral Powers Boston operates under a general court has the power to confer” subject “strong mayor” form of government. Nearly to a number of limitations. This authority is every action taken by the City Council must be generally limited by Section 6, which prevents approved by the Mayor. The Mayor may any exercise of Home Rule Power that would require the City Council to meet whenever he conflict with or be preempted by State law. It is or she deems it necessary. The City Council, also specifically limited by Section 7. Pursuant with the approval of the Mayor, may create new to Section 7, Home Rule cannot be used to (1) departments or agencies; eliminate or regulate elections; (2) levy, assess and collect reorganize all or part of any department or taxes; (3) borrow money or pledge the credit of agency; increase any department or agency’s the City; (4) dispose of park land; (5) enact laws duties or powers; move duties, powers and governing civil relationships except as incident funds within a department or agency or to an exercise of municipal power; or (6) define between departments or agencies; and change,

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create or eliminate the salary of any but before a new mayor takes office, the department or agency head. Additionally, the appointment automatically terminates of Mayor may create divisions, boards or January 31st of the new municipal year. commissions within the Mayor’s Office Cabinet without authorization from City City Council Powers The legislative body of Council. the City is the thirteen-member City Council. The City Council comprises four at-large In addition to the Mayor and the City members who are elected by, and represent, Council, the Charter provides authority for a the entire city, and nine district councilors City Clerk, Finance Commission, Election who are elected by, and represent, specific Commission, City Auditor, Audit Committee, districts of the city. The City Council enacts Public Facilities Commission, School ordinances, adopts orders, adopts home rule Committee and Superintendent of Schools. petitions, conducts hearings, oversees the All positions, departments, offices, boards and operations of city departments, approves of the commissions not enumerated in the City annual budget and approves of other City Charter have been created by special law, business subject to state law. The Council may ordinance, executive order or administrative sit as a Committee of the Whole, or may divide act. into committees.

The Mayor has broad powers of appointment. Legislative Process The city council enacts All department heads are appointed by and ordinances subject to the Mayor’s approval. serve at the pleasure of the Mayor. Most serve Proposed legislation is first assigned to the coterminous to the Mayor, meaning their various committees for review. When the terms end on the first Monday of a municipal committee chair elects to hold a hearing on a year in which a new Mayor is elected. Within particular docket, a written invitation with at departments, all managerial positions are least forty-eight hours notice is sent to all appointed by the department head, usually Councilors, the press, and interested parties with approval of the Mayor. For a list of all providing the date, time and place of hearing. appointed positions, see Appendix D. A hearing held by a committee of the Council must always be open to the public. After those Unless otherwise specified in the enabling most interested or affected by the subject legislation or Charter all non-ex officio members matter, either pro or con, have testified anyone of boards and commissions in City Hall are present may give their testimony either orally appointed by the Mayor to specific length or in writing to the committee assembled. terms. In certain situations, mayoral When the hearing is concluded, the chair, with appointments must be made subject to a assent of the majority of the committee, may statutorily defined nominating process or submit a committee chair report to the full subject to City Council approval. For more on Council containing its recommendations as to the specific appointment authority of the whether the docket ought to pass. Mayor, see sections below outlining the departmental layout of the modern A committee chair will report its findings on a organizational structure. proposed ordinance to the full Council. If a committee chair recommends that a docket There are limitations on the power of should not pass and a majority of the Council appointment of a Mayor prior to leaving office. accepts the recommendation, the issue is Chapter 332 of the Acts of 1939 provide that defeated. If a committee chair recommends all appointments made after a mayoral election that a docket should pass, or should pass in a

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new draft, and a majority of the Council City Council featuring an “aggressive accepts the recommendation, it is then restructuring of city agencies to consolidate presented to the Mayor. If the Mayor approves functions and increase the opportunities for it and signs it, it is in full force. service improvements and cost savings.” In its original formation, the Mayor’s Cabinet If, after fifteen days, the Mayor has taken no consisted of nine cabinet positions, the Chief action on a docket approved by the full Operating Officer (COO), Chief Financial Council, the matter shall be in force. If the Officer (CFO), Chief Economic Development Mayor vetoes a the matter passed by the Officer (CEDO), Chief of Education, Chief of Council, he shall state in writing his objections Health and Human Services, Chief of Basic and submit it to the Council through the City Services, Chief of Environmental Services, and Clerk. The Council may assign the matter for the Chiefs of Public Safety. By the fiscal 1996 further action. In most cases, an ordinance budget, the Mayor had added the Chief of may enacted by the City Council over the Staff and Corporation Counsel to the cabinet. Mayor’s veto by a two-thirds vote at least seven Although the cabinet structure has never been days following the veto. codified, it has informed the programmatic and budgetary organization of City Hall since The exception to the two-thirds override rule is it was instituted in fiscal 1995. orders for the borrowing or appropriation of money and the reorganization of City The COO was the individual responsible for departments, may not override a Mayoral veto. the daily administration of City Hall. The In the case of the annual budget, the Council Operations Cabinet also included the may reject or reduce, but may not increase, a Departments of Human Resources, Printing, budget submitted by the Mayor . Purchasing and Health and Hospitals, as well as a newly formed Management and Origins of the Cabinet Structure Information Services Department.

In November of 1993, Mayor-elect Thomas M. The CFO also served as the Collector- Menino formed a transition committee to help Treasurer and oversaw all of the City’s shape his new administration. The committee financial matters. The Finance Cabinet was tasked with examining the various city included Treasury, Assessing, Auditing, Labor departments, boards and commissions in Relations, and Worker’s Compensation order to find ways to improve the delivery of departments, the Office of Budget government services. In its report, the Management and the Retirement Board. transition committee found a resistance to interdepartmental communication, The CEDO also served as the Director of the cooperation, or strategic planning created in Boston Redevelopment Authority and was part by a territorial culture within city hall. To accountable for planning, development, combat these administrative shortcomings, the housing and marketing functions of the City. report recommended that the Mayor adopt a The Economic Development Cabinet included cabinet-style organizational structure that the Boston Redevelopment Authority, the would align personnel and resources along Economic Development and Industrial functional lines of command. Corporation (EDIC) of Boston, the Boston Housing Authority, the Public Facilities Following the model set forth in the transition Department, the Office of Minority and report, then Mayor Menino presented his Women Business Enterprises, the Rent Equity recommended fiscal year 1995 budget to the Board and the newly formed Office of Special

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Events and Tourism. Environmental Services was responsible for overseeing the City’s relationships with the The Chief of Education was the MBTA, EPA, and Massachusetts Executive Superintendent of the Boston Public Schools, Office of Environmental Affairs. who was appointed by the School Committee. The School Committee consisted of seven Finally, the Public Safety Cabinet was led by members who were appointed by the Mayor. the City’s Police Commissioner and the City The Education Cabinet was responsible for Fire Commissioner as Co-Chiefs. managing the Boston Public School System. A Changing Cabinet Structure The Health and Human Services Cabinet was responsible for providing health and other The Cabinet has further evolved over the past supportive services for all of Boston’s citizens. two decades. In fiscal 1996, the Mayor The cabinet contained the newly formed elevated the Administrator of the Boston Office of Cultural Affairs, the Public Facilities Housing Authority to a cabinet-level post of Department’s Community Centers Division, Chief of Public Housing. The Mayor also the Mayor’s office of Neighborhood Services, created a new department in the Economic the Safe Neighborhood Program, and the Development Cabinet to implement the public health programs of the Department of Boston Residents Jobs Policy and consolidated Health and Hospitals. The Cabinet also the fleet management functions of six included the Elderly Commission, the independent departments into a Fleet Emergency Shelter Commission, the Women’s Maintenance Division under the Commission and the Veteran’s Services Transportation Department. Department, and a newly formed Office of Civil Rights. The Office of Civil Rights In fiscal 1997, the Mayor again reorganized included the Fair Housing Commission, the the Fleet Maintenance responsibilities by Commission for People with Disabilities, and moving the Transportation Department from the Human Rights Commission. the Environmental Services Cabinet to the Basic Services Cabinet. The Mayor also The Basic Services Cabinet was in charge of established a separated Central Fleet Boston’s infrastructure and public service Maintenance Department within the Basic activities. The cabinet included the Public Services Cabinet. The Department was staffed Works Department, the Parks and Recreation by employees from the Transportation, Public Department, the Property Management Works, and Parks and Recreation Department, the Election Department, the Departments. Registry Division, the Office of Consumer Affairs and Licensing, the Boston Public In response to the phasing out of rent control Library and the Youth Fund. The duties of in the City of Boston, the Rent Equity Board’s the Real Property Department were divided responsibilities changed in the fiscal 1997 between the newly created Property budget from adjudicating applications and Management Department and the Public hearings concerning the rights and Facilities Department. responsibilities of landlords and tenants, to moderating the consequences of the loss of The Environmental Services Cabinet included rent control. These responsibilities included the Transportation Department, Environment informing affected parties to the changes in Department, the Inspectional Services their rights and responsibilities, and mediating Department, and the Recycling Division of the new disputes that arose due to the phasing out Public Works Department. The Chief of

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of rent control. These tasks were organized Works Department, the Transportation under the Rental Housing Resource Center, Department, Central Fleet Maintenance and within the Economic Development Cabinet. Snow Removal. The Chief of Basic City Services retained control over the Parks and In fiscal 1998, the Department of Health and Recreation Department, the Office of Special Hospitals (DHH) ceased to exist due to a the Events and Tourism, the Election Department, merger of the public Boston City Hospital and the Public Facilities Commission, and the University Hospital, affiliated with Boston Property and Construction Management University, into the private Boston Medical Department. Center. The Public Health Commission was formed as a successor to the DHH. This In fiscal 2005, the Office of Homeland change called for a reorganization of the Security was created and funded with a federal Mayor’s Health and Human Services (HHS) grant. The Mayor added the Director of that Cabinet. The Mayor split the HHS Cabinet in office to his cabinet. The Office was later two, creating the Public Health Cabinet and renamed the Office of Emergency the Human Services Cabinet. The Executive Preparedness. Also in fiscal 2005, the Office Director of the Boston Public Health of Special Events and Tourism and the Office Commission was named Chief of Public of Cultural Affairs were merged to create a Health. The Chief of Public Health oversaw new Mayor’s Office of Arts and Cultural the implementation of public health programs, Development. the Emergency Medical Service for the City, Communicable Disease Control Programs, In fiscal 2006, the Environmental Services Substance Abuse Services, Community Heath department was expanded to include the initiatives, and Child and Family Health Boston Energy Board. The Cabinet was development. The Chief of Human Services renamed the Environmental and Energy retained authority over all departments and Services Cabinet. Also in fiscal 2006, the commissions formerly under the HHS Rental Housing Resource Center was folded in Cabinet. to the Department of Neighborhood Development. In fiscal 1999, the Mayor created a Cabinet- level post for Chief of Housing and In fiscal 2007, the Streets, Transportation and Neighborhood Development. The Chief of Sanitation Cabinet was renamed the Public Housing and Neighborhood Development was Works and Transportation Cabinet, and the responsible for overseeing the newly-formed Basic Services Cabinet was renamed the Public Department of Neighborhood Development Property Cabinet. (DND) and the Rental Housing Resource Center. The DND was responsible for In fiscal 2008, the Mayor created the business development, homeowner and Information Cabinet, headed by the Chief homebuyer programs, housing development, Information Officer, to implement and surplus land and building management Management and Information Services to and disposition. improve the business of government and delivery of services. Also in fiscal 2008, In fiscal 2004, the Mayor divided the duties of following the retirement of the Chief the Basic City Services Cabinet between the Operating Officer, the Operational Cabinet existing cabinet and a newly formed Streets, and Finance Cabinet were merged to create Transportation and Sanitation Cabinet. The the Administration and Finance Cabinet. The newly formed cabinet included the Public Chief Financial Officer assumed the position

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of Director of Administration and Finance. In 2013 Cabinet Members this role, the Director of Administration and Mayor's Chief of Staff * Finance continued to hold the position of Collector-Treasurer. Corporation Counsel * Chief of Policy and Planning * In fiscal 2010, the Emergency Shelter Director of Emergency Preparedness * Commission ceased to exist as an independent department, and its duties were transferred to Chief of Advocacy and Strategic Investment the Public Health Commission. Also in fiscal Chief of Public Property 2010, the Printing Department, which had been Chief Information Officer renamed the Graphic Arts Department, was disbanded. Chief of Education/Superintendent of Schools Chief of Economic Development

In fiscal 2011, the Mayor created the Advocacy Chief of Housing and Neighborhood Development and Strategic Investment Cabinet headed by the Chief of Advocacy and Strategic Investment, Chief of Environment and Energy who also serves as Director of Chief of Human Services Intergovernmental Relations. The Cabinet was Chief of Public Health formed to better address the Mayor’s initiative Chief Financial Officer and Chief of Personnel and Labor of providing constituents with services centered Relations who serve as Joint Chiefs of the Office of on job creation and small and local business Administration and Finance development. This newly created Cabinet Public Works and Transportation Commissioners who serve as comprised the Department of Joint Chiefs of Public Works and Transportation

Intergovernmental Relations, the Office of New Fire and Police Commissioners who serve as Joint Chiefs of Bostonians, and the Small and Local Business/ Public Safety. Boston Jobs for Boston Residents Policy Chief of Public Housing/Administrator of the Boston Housing Offices. Authority

In fiscal 2012, the Mayor created a Cabinet * Member of Mayor’s Office Cabinet level position of Chief of Personnel and Labor Relations, to serve as Co-chief of Mayor’s Office Cabinet Administration and Finance alongside the Chief Financial Officer/Collector-Treasurer. The Mayor’s Office Cabinet consists of a Also in fiscal 2012, the Commission for Persons collection of agencies representing the Mayor with Disabilities was separated from the Civil and the City in legal matters, public relations, Rights Department and became its own intergovernmental relations and neighborhood Department within the Human Services concerns. Departments in this cabinet need not Cabinet. be created by legislative act or executive order, but may be created by administrative act pursuant to a 1981 Supreme Judicial Court Recent Cabinet Structure Case, City Council of Boston v. Mayor of Boston, (383 Mass. 716). In that case the SJC held that the Mayor is vested with full supervision of The cabinet structure at the end of the Menino subordinate officers in the discharge of their Administration comprised 20 members, of duties and the size and salary of the Mayor’s which four are members of the Mayor’s Office staff. The Mayor has exercised this power to Cabinet. create ad hoc committees and offices within his

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staff without going through the formalities of supports the Mayor in setting policy priorities an executive order or City Council approval. for his administration and implementing The Mayor’s Office Cabinet includes the initiatives in furtherance of those priorities. following departments: Both the Chief of Staff and the Chief of Policy and Planning are appointed by and serve at the pleasure of the Mayor. The Mayor’s Office Mayor’s Office Cabinet department also employs the Chief of Office of the Mayor Programs and Partnerships, Deputy Chief of Staff, Director of the City Hall to Go Program, Neighborhood Service Director of Speechwriting, Manager of Public Information Administration and Finance, and several Advisors and Special Assistants to the Mayor. Emergency Management

Law Department The Graduate Fellowship Program/Policy Institute was formed within the Office of the Mayor, to recruit new talent to work in city Within these departments the following government. The year-long Graduate offices/programs are found: Office of Policy Fellowship Program supports a Harvard and Planning, the Graduate Fellowship Business School Service Leadership Fellow and Program/Policy Institute, the Office of New two Boston Urban Mechanics Program Urban Mechanics, the Mayor's 24-Hour (BUMP) Fellows. In addition, the BUMP Constituent Service Line and the Mayor’s Policy Institute accepts several graduate Problem Properties Task Force. Some of these students to an 8-week summer internship predate the current administration and others program. The HBS Service Leadership Fellows have been created by Mayor Menino. is supported by financial and personnel Additionally, the City of Boston Law resources from Harvard Business School, the Department is programmatically housed within BUMP Fellows are paid as fulltime employees the Mayor’s Office. The following is a of the Mayor’s office, and the Bump Policy summary of these departments role and Institute interns are paid out of the emergency responsibilities in the Menino Administration. employee allocation in the Human Resources Department Budget. The Office of the Mayor, is also included in the Mayor’s Office Cabinet and provides The Fellowship Program/Policy Institute executive leadership, as well as sets priorities functions as a recruiting tool. Ninety percent of and goals for the City and its neighborhoods. full-time fellows join the administration after The Mayor’s Chief of Staff and the Chief of their fellowship concludes. The program is Policy and Planning are found in the Office of also a workshop to test new and innovative the Mayor. Both of these positions are solutions to municipal issues. Successful members of the Mayor’s Cabinet. The Chief experimental programs run by the Fellowship of Staff has an advisory role over all operations Program are scaled for citywide within City Hall. The Chief of Staff is charged implementation in Boston or other with supervising and directing the operations participating cities. of the Office of the Mayor, including scheduling security, policy and planning, press For example, the Mayor’s Office of New and constituent services. Urban Mechanics was developed through the fellowship program. The project began in The Mayor’s Office of Policy and Planning 2010 as part of an initiative to “transform [the]

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delivery of basic city services and usher in a of criminal incidents and code violations. Any wave of municipal innovation” in Boston. property in the City that is found by the Task The Office was created by assigning members Force to be a Problem Property will also be of the Department of Innovation and considered a public nuisance. Technology (DoIT) and the Office of Policy and Planning to a team that could explore new In the event a property is designated as a st ideas and means of service delivery for the 21 Problem Property, the property could incur Century. Aside from employee salaries, which increased surveillance by the Boston Police are paid through DoIT and the Office of Department, expedited health code Policy and Planning, the Office of New Urban enforcement proceedings by the Public Health Mechanics has been supported by private Commission, proceedings for injunctive relief grants and partnerships. A budget account for of noise violations by the Air Pollution the Office of New Urban Mechanics is Control Commission and the Law established in the City’s fiscal 2014 budget for Department; foreclosure proceedings if such the first time. property has delinquent real estate taxes, or increased fines for code violations by the The Office of Neighborhood Services (ONS) Inspectional Services Department. was created in 1984 by administrative act. The ONS serves to implement policy initiatives The Office of Public Information, known also among city departments and facilitate citizen as the Press Office, was established by City input and participation in government Council ordinance in 1982 (CBC Ord. §15- through service requests, neighborhood 8.1), although the position of Press Secretary meetings, mailings and emergency responses. existed as early as the Curley administration in The Executive Director of Neighborhood 1914. The office coordinates and manages the Services is appointed by the Mayor. For more dissemination of information to the public on appointed positions within the Office of behalf of all City Hall departments. The Neighborhood Services, see Appendix D. Director of the Office of Public Information, also known as the Press Secretary, is appointed On July 11, 1984, the City Council rejected an by the Mayor and is a member of the Mayor’s ordinance proposed by Mayor Kevin White Cabinet. For more appointed positions within that would create an Office of Neighborhood the Office of Public Information, see Services. In December 1984, the Budget Appendix D. Director advised the Mayor that he could defund one or more departments (without The Mayor’s 24-Hour Constituent Service City Council approval) and reallocate those Line strives to connect residents to city services funds to create the Office of Neighborhood 24-hour a day, seven days a week and is part of Services. The Office first shows up in the the Office of Public Information. The service budget for fiscal 1985. line may be reached online, by telephone, through the Citizens Connect application, or in The Mayor’s Problem Properties Task Force person at City Hall or at one of the “City Hall was created in 2011 by City Council ordinance to Go” sites. The Director of the Mayor’s 24- (CBC Ord §16-57). The Task Force includes hour Service Line is appointed by the Mayor. several Cabinet chiefs and department heads The Office of Emergency Management and is chaired by the Chief of Policy and (OEM) coordinates the City's emergency Planning. Members work together to identify management, emergency preparedness and properties that have a long-established record

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homeland security programming. The Office The Government Services Division advises the is responsible for state and federal funds that Mayor, City Council, and department heads support the City’s emergency preparedness on issues of municipal law. Division attorneys strategy. The Director of the Office also litigate cases on behalf of the City in Emergency Management is appointed by and numerous areas including zoning and land serves at the pleasure of the Mayor, and serves use, contract, construction, tax and on the Mayor’s Cabinet. For more appointed procurement disputes, and challenges to city positions within the Office of Emergency administrative determinations and legislation. Management, see Appendix D. The Division is managed by the First Assistant Corporation Counsel/Chief of Governmental The Law Department exists to provide legal Services. services to the Mayor, City Council and City Departments, supporting all official capacities The Tax Title Division oversees the litigation within City government (CBC Ord. §5-8.1). of foreclosure proceedings and the collection The Law Department provides litigation of delinquent real estate taxes. The Division support; consultation services; drafting of assists with the City’s collection of property contracts, agreements, licensing and indemnity taxes when the Collector-Treasurer’s Office agreements; public records request and issues a tax taking and the taxpayer fails to subpoena responses. The Corporation remit full payment. The Division is managed Counsel, who is appointed by the Mayor and by the Senior Assistant Corporation Counsel is a member of the Mayor’s Cabinet, is the for Tax Title. department head. The Department is divided The Office of the Legal Advisor to the Boston into the Litigation Division, Claims Division, Public Schools is a division of the Law Government Services Division, Tax Title Department that provides representation and Division, the Office of the Legal Advisor to the advice to the School Committee, Boston Public Schools and Office of the Legal Superintendent, and administrators of the Advisor to the Boston Police Department. Boston Public Schools. Attorneys provide The Litigation Division defends the City of guidance to BPS on a variety of matters Boston’s interests in approximately 1,600 civil involving school and education law. lawsuits filed against the City each year. The The Office of the Legal Advisor to the Boston division supervises litigation matters including Police Department is a division of the Law personal injury cases, tort and road defect Department that provides legal advice to the cases, employment claims, medical Police Commissioner and the Boston Police malpractice, civil rights claims and contract Department. The office provides legal disputes. The Division is managed by the First guidance to the Commissioner and the Assistant Corporation Counsel/Chief of Department’s command staff on a variety of Litigation. issues, including general legal advising and The Claims Division handles pre-litigation transactional document review. The office claims filed by the public, private entities, or also handles a variety of litigation matters insurance companies against the City of including discrimination cases, internal Boston, including tort claims under M.G.L. c. employee discipline cases, police recruit bypass 258, including motor vehicles accidents, and cases, firearms licensing appeals, and hackney M.G.L. c. 84, including defects in the public carriage license appeals. way. The Division is managed by the Senior Assistant Corporation Counsel for Claims.

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Administration and Finance Cabinet Assistant Commissioners of Assessing are appointed by, serve coterminous to, and serve The Administration and Finance Cabinet has at the pleasure of, the Mayor. undergone several transformations since it was created in 1993. The statutorily created The Commissioner of Assessing also authorities responsible for the Administrative negotiates, along with the Boston Services Cabinet, namely the Director of Redevelopment Authority, the terms and Administrative Services and Administrative conditions of contract payments under Services Board, are currently inactive and Chapter 121A, Section 6A. Additionally, their duties have been replaced by newly this department spearheaded the recent created position of Chief Financial Officer revamp of the Payment in Lieu of Taxes (CFO)/Collector Treasurer. This change in program for the City. The Assessing authority has progressed administratively, and Department negotiates PLOT agreements, is not represented in City Council records, ensures implementation of the overall Executive Orders or the Boston Municipal program and calculates tax-exempt values. Code. From 2011 to 2013, control over the Cabinet was split between the CFO/Collector The Assessing Board of Review reviews -Treasurer and the Chief of Personnel and applications for the abatement of a real estate Labor Relations at that time. or personal property tax and reports suggested settlements to the Commissioner of Assessing. Under the Chief Financial Officer were the The Board of Review consists of three Departments of Assessing, Auditing, Budget members: one member from the Real Estate Management, Public Library, Purchasing, and Appraisal Division of the Assessing the Treasury as well as oversight of the many Department appointed by the Mayor to serve public charitable funds. Under the Chief of ex officio as Chairperson, one member from Personnel and Labor Relations are the Offices the Statistical Research Division of the of Human Resources, Labor Relations, and Assessing Department to serve ex officio and Heath Benefits and Insurance, as well as the one member from the public at large Employee Assistance Program, and Boston appointed by the Mayor. The public Residency Compliance Commission. appointee serves coterminous to the Mayor. For more appointed positions within the Since November 2013, control over the Assessing Department, see Appendix D. Administration and Finance cabinet has been solely under the CFO/Collector-Treasurer. The Auditing Department prepares the City’s The CFO/Collector-Treasurer holds the annual financial statements, implements fiscal position of Director of Administrative controls over spending, provides technical Services for purposes of budget and personnel assistance to departments, and reviews and management. The CFO/Collector-Treasurer processes all financial transactions for is appointed by, serves coterminous and serves accuracy and compliance (CBC Ord. §6-1.1). at the pleasure of the Mayor. The City Auditor is appointed by the Mayor The Assessing Department is responsible for and holds office subject to the Civil Service determining the fair market value of all real laws, meaning the Auditor cannot be removed and personal property for the purpose of from office without proper cause. The taxation by the City (CBC Ord. §6-2.1) and Auditor may be held personally liable for any abatement appeals of the values established. City expenditure approved that the Auditor knows is contrary to the provisions of a City The Commissioner of Assessing and two ordinance.

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What happened to the Administrative Service Department?

The Administrative Service Department was responsible for coordinating the financial operations of the City of Boston. The department oversaw the operations of the Collector-Treasurer, Chief Financial Officer (called the Deputy Director of Administrative Services for Fiscal Affairs), Supervisor of Budgets, Supervisor of Labor Relations, Supervisor of Personnel, Purchasing Agent, Commissioner of Assessing, and the City Auditor. The fiscal 1994 budget, the last before the Cabinet structure was instituted, describes the Director of Administrative Services as also being the Chief Operating Officer of the City.

When the cabinet structure was introduced in fiscal 1994, oversight of the various departments formerly under the Director of Administrative Services was divided between the Chief Operating Officer (COO) and the Chief Financial Officer (CFO)/Collector-Treasurer. In fiscal 2008, following the retirement of the Chief Operating Officer, the supervisory duties of the COO were absorbed by the CFO cabinet to create the Administration and Finance Cabinet, which currently is chaired by the CFO/Collector Treasurer.

The Deputy City Auditor is appointed by the the annual and supplementary budgets, and City Auditor subject to the Mayor’s approval financial reports to be used by department and also holds office subject to the Civil heads in managing the budget (CBC Ord. §5- Service law. The Deputy City Auditor was a 1.5). For more appointed positions within the provisional position created in 1934 that was Office of Budget Management, see Appendix made permanent by Chapter 282 of the Acts D. of 1988 which made permanent any provisional position held for more than 6 The Treasury Department collects all months. revenues due to the City, pays all amounts due for payrolls and outside vendors, and manages Additionally, the city hires an independent, the investment of city funds and city certified public accounting firm to annually borrowings (CBC Ord. §6-3). The Treasury audit the accounts of the city (Chapter 190 of Department is under the control of the Chief the Acts of 1982). The Audit Committee of Financial Officer/Collector-Treasurer (CFO). the City of Boston (ACCB) comprises five The CFO is appointed by, serves coterminous members, who the Mayor appoints and the to, and serves at the pleasure of, the Mayor. City Council affirms, that are responsible for The CFO is responsible for overseeing the monitoring the progress of the independent financial management of the city and makes audit. The ACCB meets with the auditing monthly reports to the Mayor regarding the firm at least quarterly, reviews the City’s financial situation. The Treasury is recommendations of the accounting firm and broken down into two divisions, The presents its recommendations to the Mayor Collections Division and the Treasury and City Council. For more appointed Division. For each division, the Treasurer, positions within the Auditing Department, see with written approval by the Mayor, may Appendix D. appoint a First-Assistant and Second-Assistant, or may appoint a Deputy Treasurer as needed. The Office of Budget Management prepares the operating budget and capital plan, The Trusts Division provides technical and assembles analyzes and presents data with financial assistance to the City’s various boards respect to revenue and debt management, and of trustees in the oversight of the investment uses data to analyze performance. The Budget programs for more than 250 testamentary trust Director is responsible for the preparation of funds that have been granted to the City. The

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CFO/Collector-Treasurer serves as the default Finances Cabinet. managing trustee for city-managed charitable funds. The Office of Human Resources deals with recruiting, motivating, retaining, managing, The Boston Public Library (BPL) was and developing qualified and productive founded in 1848, making it the first free employees to work for the City. The Office is municipal library in the United States. The managed by the Director of Human Resources, Department now has 26 branch libraries and who is appointed by, serves coterminous to, three million visitors a year. The BPL is under and serves at the pleasure of, the Mayor. the direction of a Board of Trustees consisting Statutorily, the Director of Human Resources of nine individuals, appointed by the Mayor to is defined as the Supervisor of Personnel. For five-year terms beginning the first day in May more appointed positions within the Office of (CBC Ord. §11-8.1; Chapter 114 of the Acts Human Resources, see Appendix D. of 1878 as amended in 1887, 1953, and 1995). Additionally, the Office of Human Resources The Boston Public Library Administrative comprises the Boston Residency Compliance Council, the leadership body of the BPL, Commission, Compensation Advisory Board, comprises the President and several other Employee Assistance Program and the Office administrative officers of the Library, who are of Health Benefits and Insurance. all appointed by the Board of Trustees. For more on the appointed positions within the The Boston Residency Compliance Boston Public Library, see Appendix D. Commission was established in 1994 to enforce the Boston Residency Ordinance The Purchasing Department procures all (CBC Ord. §§5-5.1--3). The Ordinance supplies, materials and equipment, selects requires that “Every person first employed by vendors through public bidding, and processes the City of Boston…shall be a resident of the purchase orders and contracts (CBC Ord. §5- City of Boston, and shall not cease to be a 1.8). Additionally, the Central Services Unit resident of the City of Boston during his [or ensures the efficient disposal of all surplus city her] employment by the City.” supplies and processes all outgoing, inter- office, and incoming mail. The Purchasing However, large number of union employees are Department is under the management of the exempt from this ordinance. By state statute, Purchasing Agent, who is appointed by, and teachers, aides, principals and assistant serves coterminous to, the Mayor. The principals, directors, supervisors, and deputy Purchasing Department also assumed superintendents are exempted from the responsibility for procuring printing services residency requirement (M.G.L. Chapter 71, and operating the central copy center due to Section 38). Further, the last round of the disbanding of the Boston Graphic Arts collective bargaining contracts with the public (Printing Department) in fiscal 2011. safety unions, in response to concerns about the raising cost of workforce housing, included The Registry Division issues, registers, language that lessened the time that police amends, maintains and certified copies of officers and firefighters were required to live in birth, marriage and death records (CBC Ord. the City to 10 years. §2-10.5). The City Registrar is appointed by, serves coterminous to, and serves at the The Commission conducts hearings and pleasure of, the Mayor. Despite being called investigations as to whether an employee who the Registry “division”, the Registry is a is subject to the Residency Ordinance resides department within the Administration and within the City of Boston. The Commission

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comprises seven members who serve forty units representing nearly 18,000 union coterminous with the Mayor. The City employees working for the city. In addition, Council President, or his designee on the the department of Labor Relations comprises Council, and the City’s Affirmative Action the Comparable Worth Commission. The officer serve ex officio. The remaining five Director of Labor Relations is appointed by members are appointed by the Mayor, provided and serves at the pleasure of the Mayor. that one is a city union representative and two Statutorily, the Director of Labor Relations is are members of pro-residency citizens groups. defined as the Supervisor of Labor Relations.

The Compensation Advisory Board was created by City Council Ordinance in 1986 to Advocacy & Strategic Investment study the adequacy of salaries of the Mayor, the Cabinet City Council, senior leadership and those positions that are listed under the salary The Advocacy and Strategic Investment ordinance (CBC Ord. §5-5.10). The Board Cabinet was created in fiscal 2012 to focus on consists of five members, appointed by the providing constituents with services centered Mayor to five-year staggered terms. The on job creation and small and local business Director of Human Resources serves as a non- development. The Cabinet, which has a total voting member and provides secretarial and operating budget of $2.7 million, ensures that support staff to the Board. “the city’s efforts to strengthen education, The Employee Assistance Program (EAP) was foster job creation and serve Boston’s diverse established to focus on the wellness of Boston communities are supported by local, state, and City employees and their families. EAP staff federal partners.” The Director of provides a wide range of services including Intergovernmental Relations serves as the assessment, referral, supervisory and Cabinet Chief. management consultations, brief treatment, The Department of Intergovernmental case management, advocacy, crisis intervention, Relations coordinates the City’s dealings with and the prevention, recognition, and treatment federal, state and other local governments. of drug and alcohol dependence. The Director There is no statutory authority for the of the EAP is appointed by and serves at the Department of Intergovernmental Relations. pleasure of the Mayor. It’s presence in the budget dates back to 1980, The Office of Health Benefits and Insurance and it was a sub-department of the Law manages the Health, Life, Dental and Vision Department prior to this date. The insurance plans available to City of Boston Department also serves as a liaison between the Employees. The Director of Health Benefits Mayor and the Boston City Council. The and Insurance is appointed by, and serves at Director of the Department of the pleasure of, the Mayor. Intergovernmental Relations also serves as the Chief of Advocacy and Strategic Investment The Department of Labor Relations and is a member of the Mayor’s Cabinet. represents the Mayor, the City of Boston and City Departments in all labor disputes before The Boston Employment Commission (BEC) state courts, state agencies, and various other was created in 1986 for the purpose of forums (CBC Ord. §5-1.4). The Office is also implementing compliance of the Boston responsible for negotiating and administering Residents Jobs Policy (BRJP). The BRJP was the collective bargaining agreements with the established in 1983 to insure that Boston residents, minorities, and women receive job

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preference in projects that have city funds, state The Boston Jobs Bank assists Boston residents, or federal funds administered by the City, or in minorities and women who are seeking which the City is a signatory to the construction employment and contractors who construction contract. (CBC Ord. §8-9.1) are seeking to employ Boston residents, minorities or women on monitored projects. Enforcement of the BRJP was originally delegated to the Neighborhood Development The Mayor’s Office of New Bostonians and Employment Agency (Chapter 30 of the (MONB) helps diverse cultural and linguistic Acts of 1983). These duties were passed on to communities to play an active role in the civic, the Boston Employment Commission and the economic, social and cultural life of Boston. Mayor’s Office of Jobs and Community Service The Office was formed by Mayor Menino in (“OJCS”) in 1986. The Director of OJCS was 1998 to improve new Bostonians’ access to city named the Executive Director of the Boston government, constituent services, and Employment Commission. The Employment community resources. The Director of the Commission later formed the Office of the Office of New Bostonians is appointed by the Boston Residents Jobs Policy to support its role Mayor. For more appointed positions within in enforcement. Between 1986 and 2012, the the Mayor’s Office of New Bostonians, see enforcement duties of the OJCS gradually Appendix D. shifted to the Office of BRJP through administrative act. In 2012, when the Boston The Office of Small and Local Business Employment Commission and Office of the Enterprises (SLBE) advocates on behalf of Residents Jobs Policy were transferred from the small, minority-owned or woman-owned Economic Development Cabinet to the newly- business enterprises in Boston. SLBE strives to created Advocacy and Strategic Investment make these businesses more successful in Cabinet, all enforcement of the Boston competition for city contracts and in the Residents Jobs Policy was transferred along Boston area's economy as a whole. The SLBE with the Office/Commission. is under the authority of the Director of the Office of the Boston Residents Jobs Policy/ The BEC, along with the Office of the Boston Director of the Office of the Small and Local Residents Jobs Policy, monitors projects for Business Enterprises, who is appointed by the BRJP compliance, and administers sanctions as Mayor. The Deputy Director is appointed by provided by the Jobs Policy. The BEC is under the Director subject to the Mayor’s approval. the authority of the Director of the Office of the Boston Residents Jobs Policy who also serves as Director of the Office of the Small Public Property Cabinet and Local Business Enterprises. The Public Property Cabinet comprises the The Office of the Boston Residents Jobs Policy Property and Construction Management provides support to the BEC by conducting Department, the Mayor’s Office of Arts, preconstruction conferences, site visits and Tourism and Special Events, the Departments quarterly reviews of projects. In addition, the of Consumer Affairs and Licensing, the office monitors federally-assisted projects for Election Department, and the Department of federal labor and wage standards, targets Parks and Recreation. The Cabinet is aimed at underperforming contractors and conducts providing access to information, administrative corrective measures to improve compliance functions, and maintenance of the City’s with the BRJP. The Director of BRJP now physical assets. The Commissioner of Property serves as the Executive Director of the BEC. and Construction Management serves as the

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Chief of Public Property. Municipal Police. At its dissolution, the Boston Municipal Police had approximately The Department of Property and 60 employees. Half of the force was absorbed Construction Management has existed in into the Boston Police Department. The some form since the Office of the remaining half was either laid off or absorbed Superintendent of Public Buildings was into the Municipal Protective Services. The established by ordinance in 1850. Between department is under the authority of the 1943 and 1954, the Public Buildings Director of Security, who is a specially Department was abolished and its duties assigned Sergeant in the Boston Police transferred to the recently created Real Department. The department comprises six Property Department, run by the Board of Boston Municipal Protective Services Real Estate Commissioners (Chapter 434 of Sergeants and approximately 60 officers. the Acts of 1934; Chapter 2 of the acts of 1954). In 1994, a reorganization of the Real The Mayor’s Office of Arts, Tourism and Property Department and the Public Facilities Special Events (MOATSE) was created in Department was implemented (Chapter 6 of 2004 by a merger of the Office of Arts and the Ordinances of 1994). The Real Property Humanities and the Office of Business and Department was renamed the Property Cultural Development. The Office of Management Department and consolidated Business and Cultural Development was responsibilities for maintenance, alteration, established in 1984 to provide assistance to repair and security of municipal buildings. In the cultural, business, and residential 2002, the Capital Construction Program was communities of Boston and the market and to added, and the department was renamed the promote the City of Boston as a visitor Department of Property and Construction destination. (Chapter 15 of the Ordinance of Management. 1984). The Office of Arts and Humanities was established in 1986 to stimulate and By law, the Department of Property and support efforts to preserve and develop Construction Management is under the cultural facilities in the City of Boston. (CBC authority of a Property Management Board, Ord. §15-9) consisting of a Commissioner, an Assistant, and three Associate Commissioners (CBC The MOATSE serves as an umbrella office for Ord. §11-7.1). In practice, the Property the Boston Art Commission, the Boston Management Board is dormant, and authority Cultural Council, the Boston Arts Lottery rests solely with the Commissioner of Property Council, and the Office of Special Events, and Construction Management, who also Tourism, and Film. The Director of the serves as the Chief of Real Property. For more Mayor’s Office of Arts, Tourism and Special appointed positions within the Department of Events is appointed by, and serves at the Property and Construction Management, see pleasure of, the Mayor. Statutory authority Appendix D. for this position falls under the position of Executive Director of the former Office of The Boston Municipal Protective Services Arts and Humanities. (CBC Ord. §15-9.1) Department (BMPS) is an unarmed police force organized under the Property and The Boston Art Commission (BAC) was Construction Management Department that created by the state Legislature in 1898, patrols properties owned and controlled by making it the oldest municipal art commission the City of Boston. The BMPS was created in in the United States (Chapter 410 of the Acts 2007 following the dissolution of the Boston of 1898). The BAC approves and sites new

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public art on property owned by the City. The residents and visitors. FBNI works with Commission consists of the Director of the MOATSE to foster the growth of the cultural MOATSE, who serves ex officio, and four other community, promote participation in the arts members appointed by the Mayor subject to and public celebrations and increase cultural special recommendations: “one from three tourism in Boston. The members of the FBNI candidates nominated by the Boston Society of are appointed by the Mayor, and the Director Architects, one from three candidates of MOATSE serves ex officio as the President of nominated by the Copley Society of Boston, the Fund. The members elect a Vice one from three candidates nominated by the President, Treasurer and Clerk. Museum of Fine Arts, one from candidates nominated by the Trustees of the Public The Department of Consumer Affairs and Library of the City of Boston” (CBC Ord. §5- Licensing was created by City Council in 1984 2.1). Additionally, the Mayor and the (CBC Ord. §15-5). The Department is made Director for Urban Design at the Boston up of two divisions. The Licensing Division is Redevelopment Authority currently serve ex responsible for the regulation of Boston's officio. entertainment industry. The Licensing division is not responsible for alcohol, food or The Boston Cultural Council (BCC) was lodging licenses, which are controlled by the created by City Council in 2012 in pursuant to City of Boston Licensing Board. The M.G.L. c. 10 §58, which allows for the Consumer Affairs Division is responsible for distribution of state funds allocated by the mediation, education and advocacy on behalf Massachusetts Cultural Council to support of the City's consumers. The Executive innovative arts, humanities, and interpretive Director of Consumer Affairs and Licensing is sciences programming within the City of appointed by and serves at the pleasure of the Boston. The BCC consists of at least fifteen Mayor. For more appointed positions within and not more than twenty-one members the Department of Consumer Affairs and appointed by the Mayor, appointed to three Licensing, see Appendix D. year terms, with no member serving more than two consecutive terms. At least one member The Boston Election Department, also known must be appointed from each of the nine as the Department of Voter Mobilization, districts within the City of Boston. Further, oversees the conduct of elections in the City of BCC members must have “demonstrated Boston in accordance with federal, state, and scholarship or creativity in, or distinguished municipal laws (CBC Ord. §2-3). The service to, the arts, humanities, or interpretive Department is governed by a four-person sciences and shall be broadly representative of Board of Election Commissioners with the all fields of the performing arts, the fine arts Chairman serving as Department Head. and humanities.” (CBC Ord. §5-9.1) Commissioners are appointed by the Mayor to four-year staggered terms. Commissioners are The Fund for Boston Neighborhoods, Inc. selected from a list provided by the Republican (FBNI) is a non-profit 501(c)(3) that supports City Committee and by the Democrat City civic life in Boston through public Committee, such that Commission programming. The fund is a depository for membership is evenly divided among the two charitable donations that is not bound by major political parties. public procurement requirements. The mission of FBNI is to coordinate educational, The Boston Listing Board is tasked with charitable, recreational, literary, scientific, producing a listing of all residents in the city artistic, theatrical and musical functions for who are aged 17 or older to be provided to the

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Jury Commissioner each year. The Board chairman, the Collector-Treasurer of the City, prepares an annual Listing of Residents and a and a Member of the City Council. All Jury List, and verifies voters eligible to vote in members serve ex officio. elections. Information Cabinet The Department of Parks and Recreation is responsible for the care and maintenance of The Information Cabinet consists of the more than 2,200 acres of land throughout the Department of Innovation and Technology city including 272 parks, playgrounds, athletic (DoIT), which provides systems and facilities, city squares, and miscellaneous cites, technology support for the city departments. three active cemeteries, 16 historic burying DoIT ensures that networks, desktop grounds, two golf courses and approximately computers, e-mail systems and applications 33,600 street trees. The Department also that support the efficient functioning of operates the Fund for Parks and Recreation. Boston city government. DoIT also provides support staff for the innovation initiatives The Boston Parks and Recreation such as the Mayor’s Office of New Urban Commission, which governs the Department Mechanics. The Chief Information Officer of Parks and Recreation, was created by a vote (CIO), the head of DoIT and Chief of the of the citizens of Boston in 1875. The Information Cabinet, is appointed by, and Commission consists of the Parks serves at the pleasure of, the Mayor. For more Commissioner, who is the department head, appointed positions within the Information the Assistant Commissioner for Cabinet, see Appendix D. Administration and Finance, and three Associate Commissioners, all appointed by the Education Cabinet Mayor. The Boston Municipal Code calls for 5 Associate Commissioners but two of those The Education Cabinet includes the Boston slots are currently vacant. In addition, the School Committee and the Superintendent of Code provides for appointment of a Deputy Schools, who serves as Chief of Education. Commissioner, the Assistant Commissioner The School Committee sets policy for the for Internal Operations and the Assistant school district and approves the annual Commissioner for Regional Administration, operating budget. The Mayor and the City to help implement the policies of the Council approve the total appropriation to the Commission. For more appointed positions Boston Public School (PBS) and the School within the Parks Department, see Appendix Committee then has authority over the D. allotment of those funds within the department. The Fund for Parks and Recreation in Boston is a non-profit 501(c)(3) fund that was The Boston School Committee has been formed in 1983 for the purpose of furthering appointed by the Mayor since 1991, when the the maintenance and preservation of parks in state legislature approved a home rule petition the City of Boston and providing recreational replacing the elected School Committee with a facilities and programs to the residents in seven member, Mayor-appointed board Boston. The fund is a depository for charitable (Chapter 108 of the Acts of 1991). The donations that is not bound by public Mayor’s power to appoint members is subject procurement requirements. The Managing to a nomination process whereby a list of Committee is made up of the Commissioner candidates is recommended by a 13-member of Parks and Recreation, who serves as Nominating Panel composed of nine members

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School Committee Nomination Process of Boston. Included in this Cabinet are the Boston Redevelopment Authority (BRA) and On the first Wednesday of October every the Economic Development Industrial year, a nominating panel meets to select Corporation (EDIC). The BRA/EDIC nominees for each office of School Director serves as the Chief of Economic Committee member that is set to become Development. vacant in the next municipal year. No later then the first Monday in December of each The BRA was established in 1957 under the year, the panel must present to the Mayor a list containing the names and addresses former G.L. c. 121, §26QQ and a certificate of of the said nominees. For each vacancy, organization signed pursuant to a vote of the the panel must recommend to the Mayor Boston City Council. In 1960, the state no less than three nominees and no more legislature abolished the Planning Board and than five from which the Mayor must select transferred its powers and staff to the BRA one to fill the seat on the School (1960 Mass. Acts c. 652, §12). Also in 1960, Committee. the legislature conferred the Boston Housing Authorities redevelopment powers under G.L. 121A. In 1993 the BRA merged with the who are designees of offices, organizations and Economic Development and Industrial institutions specified in the enabling Corporation of the City of Boston (Chapter legislation, and four at-large nominees 341 of the acts of 1993). appointed by the Mayor. The nomination and appointment process for the Boston School The BRA and EDIC function as a single entity Committee takes place between October and for operational purposes, despite remaining December of each year. Under the legislation legally separate public instrumentalities. that established the appointed School Although BRA and EDIC are technically Committee, "the Mayor shall strive to appoint governed by separate boards, the membership individuals who reflect the racial, ethnic, and of the boards is the same for both agencies. socioeconomic diversity of the city." School The five-member BRA/EDIC board consist of Committee members serve staggered four year four members appointed by the Mayor subject terms, commencing on the first Monday in to City Council approval and one member January of each year. appointed by the Governor. The BRA and EDIC function as a single entity for The Superintendent of Schools is appointed operational purposes, despite remaining legally by the School Committee in collaboration with separate public instrumentalities. The BRA the Mayor. As the Chief Executive Officer of and EDIC are technically governed by separate the Public Schools, the Superintendent is boards, but the membership of the boards is responsible for the development of a plan to the same for both agencies. The five-member guarantee that Boston’s children succeed in BRA/EDIC board consist of four members meeting high standards of performance in appointed by the Mayor subject to City school. For more appointed positions within Council approval and one member appointed the School Department, see Appendix D. by the Governor. Economic Development Cabinet The two agencies similarly operate under two separate budgets, but engage in inter-agency The Economic Development Cabinet is fund transfers and loan forgiveness allowing charged with developing and implementing an the them to operate financially as one when economic development strategy within the City appropriate. The BRA continues to fully fund

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its operation costs from BRA revenue without The Department of Neighborhood support from the City’s General Fund. Development (DND) aims to strengthen However, the BRA does access funds in the Boston’s neighborhoods by driving economic capital budget to make investments in and business development in Boston’s economic development areas under its control. neighborhoods. The Director of DND is For more on these two agencies and the appointed by the Mayor and serves as the Chief development process in Boston, see the of Housing and Neighborhoods. All other Development Process section of this report. management-level positions within DND are appointed by the Director of DND, subject to the Mayor’s approval. Housing and Neighborhood Development Cabinet The Department of Neighborhood Development houses the Boston Home Center, The Housing and Neighborhood Development Neighborhood Housing Development, Office Cabinet is responsible for building strong of Business Development, and Real Estate neighborhoods through the investment of Management and Sales, Boston Rental public resources in economic and business Housing Agency and many programs for the development. “Leading the Way III”, the homeless, people with AIDS and at risk City’s primary housing policy program, is populations. coordinated through the Cabinet. The Cabinet comprises the Department of Neighborhood The Boston Home Center (BHC) provides Development. The Director of Neighborhood first-time homebuyers with educational courses, Development serves as the Chief of Housing financial assistance, and development of new and Neighborhood Development. homes for first-time buyers. The BHC also assists homeowners with foreclosure prevention The Leading the Way III program is the City’s counseling, and financing and technical comprehensive housing initiative. The assistance to maintain and improve their program ensures cross-cabinet collaboration of homes. several City of Boston agencies, including the Department of Neighborhood Development Neighborhood Housing Development (DND), the Boston Redevelopment Authority (NHD) works with non-profit and for-profit (BRA), the Boston Housing Authority (BHA) partners to develop and preserve affordable and the Inspectional Services Department housing and create neighborhood open spaces. (ISD). There is a $5 million earmark in the NHD advances homeownership development annual operating budget for city-issued grants through the Homeowner, affordable rental to achieve the goals of the program. Although housing, and elderly housing, as well as the program incorporates many agencies, the renovation of abandoned buildings and land. Chief of Housing and Neighborhood The Office of Business Development (OBD) Development is in charge of overseeing its provides entrepreneurs and existing businesses implementation, and administrative work is with access to financial and technical resources. done by the DND staff. OBD also supports the Boston Main Streets The program has four main initiatives: 1) program, which promotes revitalization of the housing Boston’s workforce, 2) addressing the City’s neighborhood commercial districts foreclosure crisis, 3) reversing the rise in through public and private partnerships. homelessness, and 4) preserving and stabilizing Real Estate Management and Sales (REMS) is Boston’s rental housing market.

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Where does the Department of Neighborhood Development get its authority?

The Department of Neighborhood Development is the name now used for the former Public Facilities Department (PFD). The PFD was created in 1966 (Chapter 642 of the Acts of 1966) to assume responsibility over maintenance of public schools from the Department of School Buildings, which was abolished that year. The PFD was under the control of a board known as the Public Facilities Commission, which was appointed by the Mayor. The original mission of the PFD was the efficient and economical construction and alterations of municipal buildings. However, this goal shifted over the years as the Department assumed more responsibility for the creation of housing and economic development. Several city agencies were formed in the late 1970s and early 1980s to deal with housing and economic development in Boston’s neighborhoods. These agencies were subject to a number of mergers in response to changing regulations and community needs, with all agencies eventually ending up under the control of the PFD.

The Mayor’s Office of Community Development (OCD) was created by Mayor White in 1974 to oversee programs funded under the federal Housing and Urban Development block grants. In 1977, Mayor White created the Employment and Economic Policy Administration (EEPA) to receive and administer federal grants for direct employment and job training. In 1980, Mayor White formed the Neighborhood Development Agency (NDA). The NDA was tasked with the administration of federal Community Development Block Grants, as well as with planning and development activities in neighborhood. The goals of the NDA were to strengthen the economic base of the City and create jobs and housing.

The Neighborhood Development and Employment Agency (NDEA) was formed in 1982 through the consolidation of the OCD, NDA, and the EEPA. The goal was to maximize the efficient use of resources in neighborhood economic development, housing rehabilitation, job training and employment services for residents of Boston. In 1985, the NDEA was merged under the PFD. In 1992, the Office of Capital Planning was incorporated into the department and in 1995 it moved into the Office of Budget Management.

In fiscal 1995, Mayor Thomas M. Menino, renamed the Real Property Department the Property Management Department (PMD). At this time, the Public Facilities and Property Management Departments traded responsibilities in an attempt to find a more efficient division of responsibilities (Chapter 6 of the Ordinances of 1994). The Property Disposition Division of the PMD was transferred to the PFD, and the Alterations and Repair and the Enforcement and Communication Divisions of the PFD were transferred to the Real Property Department. In 1995, the Property Disposition Program was also transferred from the PMD to PFD.

In 1997, the PFD changed its name to the Department of Neighborhood Development (DND) to better clarify its functions to the public. However, the PFD title was retained for all legal purposes. For example, the Director of the DND holds the position in the city payroll left vacant by the Commissioner of Public Facilities. Further, when DND seeks federal or state grants for projects, the grant must be processed and approved by the PFC. Further, the PFC must also maintain a legal existence within the PMD, now called the Property and Construction Management Department following the addition of the Capital Construction Division in the fiscal 2003 budget. Public notice and requests for proposals put out by the Property and Construction Management Department must be processed through the PFC. In dealing with the bidding process, the Director of Property and Construction Management temporarily assumes the role of Commissioner of Public Facilities.

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responsible for the maintenance, site supportive services, housing search, and assessment and disposition of the City's tax technical assistance for people with AIDS. foreclosed and surplus property, which include vacant parcels, as well as residential, commercial and industrial properties. REMS Public Works & Transportation manages the process through which land and Cabinet buildings are disposed, which often entails community meetings, crafting and issuing The Public Works and Transportation Cabinet requests for proposals and overseeing the is tasked with providing infrastructure for review selection process of bidders. vehicular and pedestrian traffic. The Cabinet comprises the Department of Public Works, The Boston Rental Housing Center (BRHC) Central Fleet Maintenance, Public was created in 1995 to provide advice, Improvement Commission, and the information and assistance to Boston landlords Transportation Department, which includes and tenants who have problems or questions the Office of the Parking Clerk and the Traffic about rental housing issues. The BRHC Division. There is currently no Chief of Public provides free mediation of rental housing, Works and Transportation, so the informs landlords and tenants of their rights Commissioners of Public Works and and responsibilities under the law and educates Transportation serve at Joint Chiefs of the landlords and tenants about rental housing Cabinet. matters through seminars and community meetings. The Public Works Department (PWD) maintains street lights, traffic signals, snow Prior to 1994, the Rent Equity Board in removal, garbage collection and recycling and Boston administered rent control and provided ensures that streets bridges and tunnels are in assistance to renters and landlords on disputes. good condition and maintained. The The BRHC replaced all functions of the Rent Department manages approximately 800 miles Equity Board, which was disbanded in 1994 of roadways, 68,000 city-owned streetlights, following the end of rent control, that did not 784 signalized intersections, and ensures the pertain to rent control in the City of Boston. removal and disposal of 260,000 tons of solid waste. The Department is divided into the The DND also supports various programs for Facility and Building Maintenance, homeless, people with AIDS, and at-risk Engineering, Construction Management, populations. Highway Field Operations, Bridge The Supportive Housing Program funds Maintenance, Street Light and Signals, Snow transitional and permanent housing, and Removal and Waste Reduction. The employment, case management, mental Department oversees the Central Fleet health, substance abuse, and housing Maintenance Division and the Public services for homeless persons. Improvement Commission. In 2009, the PWD launched the Recycle More campaign in Shelter Plus Care provides project-based order to increase its recycling efforts and and scatter-site rental assistance to disabled reduce the amount of trash the City pays to homeless individuals in conjunction with dispose. The PWD is managed by the supportive services. Commissioner of Public Works, who is Housing for Persons with appointed by, and serves at the pleasure of, the AIDS (HOPWA) funds rental assistance, Mayor. For more appointed positions within

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the Public Works Commission, see Appendix The Commissioner of Transportation is D. appointed by, serves coterminous to, and serves at the pleasure of, the Mayor. The Fire Central Fleet Maintenance (CFM) was Commissioner, Police Commissioner, established in 1996 as the Motor Vehicle Commissioner of Public Works and the Management Bureau (CBC Ord. §7-8.1). CFM Commissioner of Property and Construction is responsible for the acquisition, assignment, Management serve ex officio, as Associate Traffic maintenance and disposal for all motor vehicles Commissioners (Chapter 608 of the Acts of owned by, or leased, loaned or otherwise 1986). For more appointed positions within provided to the City. CFM maintains vehicles the Boston Transportation Department, see for all city departments except for the public Appendix D. The Transportation safety departments. The Director of CFM is Department also comprises the Traffic Division appointed by the Commissioner of PWD. and the Office of the Parking Clerk.

The Public Improvement Commission (PIC) The Traffic Division develops, implements, is responsible for the laying out, altering, supports and manages all transportation widening, relocation, discontinuance, programs undertaken by the BTD aimed at construction, or changing the grade of public improving the flow of vehicles and pedestrians streets in the City of Boston (CBC Ord. §9-71). in the city. The Traffic Division also maintains PIC approval is also necessary for temporary traffic signs and parking meters, and and permanent encroachments on the public implements measures to promote safety way including access to streets and sidewalks pedestrian and cyclist safety, particularly in and structural overhangs. Accordingly, if a school zones and on neighborhood streets. development requires performing work within The Traffic Division is managed by the a public way, contains architectural features Commissioner of Traffic, who is appointed by that extend beyond the property into a public the Transportation Commissioner. way, or includes outdoor seating situated on public property, the developer or owner will The Office of the Parking Clerk oversees and need PIC approval for their project. manages the City’s Parking Violation System, issues resident parking permits, responds to The PIC consists of the Commissioner of customer inquiries and adjudicates the issuance Public Works, the Commissioner of Property of parking citations. The Parking Clerk issues Management, the Commissioner of citations through the Parking Violation System, Inspectional Services, the Commissioner of the a computer-based ticketing system. The Transportation Department, and the Executive Parking Clerk is appointed by the Mayor and Director of the Boston Water and Sewer approved by the City Council. The Assistant Commission. All Commissioners serve ex Parking Clerk is appointed by the Parking officio. The Public Works Commissioner serves Clerk. as Chairman and the Department provides support staff and engineering services. Environment and Energy Cabinet

The Boston Transportation Department The Environment and Energy Cabinet was (BTD) regulates car and bicycle traffic and formed in 2006 to bring together city parking in the City of Boston. The BTD strives departments intended to enhance to promote and enhance public transportation, sustainability, preserve historic and improve traffic circulation, facilitate ride- environmental resources, and protect the sharing and car-supply, and increase the health, safety and environment of Boston. The quantity and efficiency of parking resources.

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Cabinet comprises the Environment Gardeners, Friends of the Boston Harbor Department and the Inspectional Services Islands, Save the Harbor/Save the Bay, the Department. The Chief of Environment and Boston Natural Areas Fund, the Charles River Energy is appointed by, and serves at the Watershed Association, and the Neponset pleasure of, the Mayor. River Watershed Association each submit one nomination from their respective boards. The Environment Department strives to protect the air, water, climate, architectural The Boston Waterways Board establishes fees, and historic resources of Boston. The policies, rules, and regulations to promote the Department is responsible for administering greatest public access to and public use of the local, state and federal regulations, including city waterways by residents, visitors and local preservation district guidelines, Air businesses. The Waterways Board comprises Pollution Control Commission regulations the Harbormaster, ex officio, and eight and the Massachusetts Wetland Protections members representing a variety of classes of Act. The Department comprises the users of city waterways appointed by the Mayor Conservation Commission, Boston Waterways with the approval of the City Council. Board, Boston Groundwater Trust, Air Pollution Control Commission, Boston The Boston Groundwater Trust (BGT) was Landmarks Commission and the nine local established in 1986 to monitor groundwater Historic District Commissions. The levels in Boston and to make Department also supports the “Renew Boston” recommendations to protect the water table in and “Greenovate Boston” initiatives. The the City. The BGT works with the Commissioner of the Environment Inspectional Services Department and the Department is appointed by the Mayor. For Boston Redevelopment Authority to more appointed positions within the understand and mitigate any negative impacts Environment Department, see Appendix D. of development projects on groundwater levels. BGT consists of nine constituent trustees The Boston Conservation Commission (BCC) appointed by the Mayor upon preserves open space, wetlands and other recommendation from the various natural areas of the City (CBC Ord. §7-1.1). neighborhood councils. Three Trustees are The BCC is the primary city agency tasked appointed by the Mayor from the executive with administration of the Massachusetts branch of the City, and one member of the Wetlands Protection Act, the Massachusetts City Council is appointed by the City Council Rivers Protection Act, and the Conservation President, to serve ex officio. Commission. The Commission comprises the Commissioner of Parks and Recreation, who The Boston Air Pollution Control serves ex officio, and six other Commissioners Commission (APCC) regulates air and noise appointed by the Mayor. Two of the six pollution in Boston and oversees the Commissioners must be nominated by local Downtown, South Boston and East Boston environmental groups: the Massachusetts parking freezes under the federal Clean Air Act Audubon Society, Inc., the Massachusetts (CBC Ord. 7-2.1). Originally part of the Board Forest and Park Association, the Massachusetts of Health, the APCC was made part of the Roadside Council, the Trustees of Environment Department by a special act of Reservations, the Eastern Massachusetts Group Legislature in 1978. The Board consists of the of the New England Chapter of the Sierra Director of the Environmental Hazards Club, Boston Green Space Alliance, the Program at the Boston Public Health Boston Harbor Associates, Boston Urban Commission, the Transportation

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Commissioner, and three members appointed each of the City’s nine Historic Districts, by the Mayor. The statute calls for the including: the Aberdeen Architectural Commissioner of Health and Hospitals and Conservation District, Back Bay Architectural the Commissioner of Traffic and Parking, but District, Bay State Road/Back Bay West these two positions no longer exist Architectural Conservation District, Bay Village Historic District, Historic Beacon Hill The Boston Landmarks Commission (BLC) District, Fort Point Channel Landmark was established in 1975 as the municipal District, Mission Hill Triangle Architectural preservation agency for Boston's historic Conservation District, South End Landmark buildings, places, and neighborhoods. The District, and St. Botolph Architectural Commission identifies and preserves historic Conservation District. properties, reviews development and demolition activities proposed in the City, The HLCs review any proposed construction, informs and assists the public on historic demolition, alteration or movement of any preservation practices, administers the City's building in or out of a Historic District. Any Demolition Delay process under Article 85 of such project must obtain a Certificate of the Zoning Code, and provides support staff to Appropriateness, a Certificate of Hardship or a the nine local Historic District Commissions. Certificate of Non-Applicability from the HLC in order to file for a building permit from the The Commission consists of nine members building inspector. Commissioners are and nine alternates, all appointed by the appointed by the Mayor with City Council Mayor, subject to a nomination process and confirmation subject to nomination by approved by the City Council. The Mayor neighborhood groups, professional must appoint: two registered architects who organizations, or the Boston Landmarks were nominated by the Boston Society of Commission. Architects; one architectural historian nominated by the Society for the Preservation The “Renew Boston” initiative was created in of New England Antiquities; one experienced 2009 by Mayor Menino to promote the city planner nominated by the Regional benefits of energy efficiency and alternate Chapter of the American Institute of Planners; energy. “Renew Boston” is an network of one landscape architect registered in the energy efficiency and alternative energy service commonwealth nominated by the Boston providers organized by the Environmental Society of Landscape Architects; one Department that coordinates local utilities, job commissioner nominated by the Greater training programs, for-profit and non-profit Boston Real Estate Board; one commissioner partners to help Boston residents, businesses, nominated by the Greater Boston Chamber of and institutions save energy and money. The Commerce; and two commissioners selected at program was initially supported by the City’s large by the Mayor who by reasons of $6.5 million Energy Efficiency and experience or education have demonstrated Conservation Block Grant (EECBG) knowledge and concern for conservation and appropriated under the American Recovery enhancement of those physical features of the and Reinvestment Act and administered by the city which are important to its distinctive U.S. Department of Energy and is now character. supported by outside funding.

The Historic Landmark Commissions (HLCs) The “Greenovate Boston” initiative was review proposed exterior design changes to established in response to the Mayor’s Climate properties located within the boundaries of Action Plan, which called for reducing the

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City’s greenhouse gas emissions 25% by 2020 Sanitary Code and the city ordinances that and 80% by 2050. Working with regulate the quality of Boston’s public and representatives from all sectors and private housing stock. neighborhoods, the “Greenovate Boston” team developed strategies to reduce The Health Division annually inspects food greenhouse gas emissions, create jobs and establishments such as food stores, restaurants, prepare for the effects of climate change. caterers, commissaries, day care facilities, hospitals, nursing homes, mobile vendors, In March 2009, Mayor Menino announced camps for children, swimming pools, baths the formation of the Boston Climate Action and funeral homes. Leadership Committee and Community Advisory Committee. In 2010, the committees The Environmental Division enforces the presented Mayor Menino with a consensus State Sanitary Code, the Site Cleanliness report entitled Sparking Boston’s Climate Ordinance and other regulations on dumping, Revolution. Later in 2010, Boston’s top vending, posting of signs, snow removal, business, civic, and institutional leaders rodent activity, dumpster and refuse formally joined forces in the Green Ribbon maintenance, and construction site Commission to share best practices, fight maintenance and sanitation. climate change, and support the City of Boston’s climate plan, “A Climate of The Weights and Measures Division enforces Progress”. In September 2013, the American state regulations of commercial weighing and Council for an Energy-Efficient measuring devices and annually inspects Economy (ACEEE) ranked Boston first in US taximeters, gasoline dispensers, home heating major cities for energy saving programs and oil truck meters and scales of all types for policies. accuracy. The Division also inspects scanner price accuracy, unit pricing, item pricing, The Inspectional Services Department (ISD) motor fuel quality and pricing and delivery of administers and enforces building, housing, home heating oil. health, sanitation and safety regulations mandated by city and state governments (CBC The Code Enforcement Police (CEP) Ord. § 9-9). The Commissioner of enforces the state and city sanitary codes Inspectional Services, is appointed by, serves related to illegal dumping, improper storage of coterminous to, and serves at the pleasure of, trash, illegal vending and posting, and un- the Mayor. For more appointed positions shoveled sidewalks. CEP maintains a presence within the Inspectional Services Department, in the City by patrolling the streets of Boston see Appendix D. The Department is divided on foot, bike, or car. into five regulatory divisions: Building, Health, Housing, Environmental, and The Board of Appeal hears requests for Weights and Measures. ISD also comprises conditional use permits, variances, and other the Board of Appeal, Board of Examiners and zoning relief (CBC Ord. §9-4). If a project Code Enforcement Police. does not comply with the use or dimensional requirements of the Zoning Code, the Board The Building Division oversees the issuance can grant relief from strict interpretations of of all building permits, inspection activities, the Code after a public hearing and a finding and plan and zoning reviews. that the proposed project conforms to the legal zoning of that neighborhood. The Housing Division enforces the state

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The Board comprises seven members who are Human Services Cabinet appointed by the Mayor to serve staggered three-year terms. Five members are appointed The Human Services Cabinet promotes the by the Mayor as follows: one member from two health and well-being of the residents of candidates nominated, one by The Boston Boston, particularly the homeless, women, the Society of Architects and one by the Boston elderly, veterans, youth and people of color, Society of Civil Engineers, one member from through social, recreational and support two candidates nominated by the Building services. The Cabinet enforces all Trades Council of Boston and Vicinity, one antidiscrimination laws and protections under member from two candidates nominated, one the jurisdiction of the City and advocates for by the Greater Boston Real Estate Board and the advancement of policies and legislation to one by the Massachusetts Real Estate address the needs of individuals and groups Association, one member from three within the City. The Chief of Human Services candidates nominated, one by The Master is appointed by, serves coterminous to, and Builders' Association of Boston, one by the serves at the pleasure of, the Mayor. The Chief Building Trades Employers' Association of the of Human Services also serves as Executive City of Boston and one by the Associated Director of the Boston Center for Youth and General Contractors of Massachusetts, and one Families. For more appointed positions within member selected at large by the Mayor. the Human Services Cabinet, see Appendix D. The Board of Examiners is responsible for The Boston Center for Youth and Families issuing Boston Builders Licenses to applicants (BCYF) partners with community center who complete the application process and pass councils, agencies and businesses to provide an examination in compliance with section 120 programming and services for youth and of the Boston Building Code (CBC Ord. §9-8). families. BCYF provides programming for Although housed within the ISD, the Board of Boston residents at 29 community centers, 17 Examiners is not subject to the supervision or pools and one beach. BCYF programs includes control of the Commissioner of Inspectional childcare, after-school, alternative educations, Services. The Board consists of three members computer instruction, preschool, youth appointed by the Mayor to serve staggered leadership and skills development, adult three-year terms. One member must be an education, senior programs, sports, fitness and architect or engineer with at least five years recreation programming. The Executive experience in the City, another member must Director of the BCYF is appointed by, serves be a contractor with at least five years coterminous to, and serves at the pleasure of, experience in the City, and the third must be a the Mayor. The Executive Director also serves lawyer. as Chief of Human Services. For more appointed positions within the Boston Centers The Zoning Commission maintains and for Youth and Families, see Appendix D. updates Boston's zoning code (CBC Ord. §9-5). The Zoning Commission consists of eight BCYF also hosts the Mayor’s Youth Council members, appointed by the Mayor and (MYC). The Council consists of approximately nominated by specified organizations forty high school juniors and seniors representing architects, builders, labor unions representing of every neighborhood in the city. and residential neighborhood organizations. Members are appointed each spring for one The city is currently undergoing a year terms. The MYC meets twice a month to comprehensive rezoning process. participate in team building trainings,

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leadership seminars and public speaking race, color, sex, gender identity or expression, workshops. age, disability, national origin, ex-offender status, prior psychiatric treatment, sexual The Office of Civil Rights (OCR) was created orientation, military status, marital status or in 1995 in an effort to eliminate parental status, and any other protected discrimination and ensure fair and equal category of persons (CBC Ord. §12-9.9). The access to housing, public services, HRC comprises seven Commissioners, accommodations and participation in civic appointed by the Mayor to staggered three- activities. The Commission is also tasked with year terms. The Mayor annually appoints a coordinating the City’s compliance with the Chairperson to serve for the year. The Americans With Disabilities Act (ADA). The Executive Director of HRC is appointed by, OCR comprises the Fair Housing serves coterminous to and serves at the Commission and the Humans Rights pleasure of the Mayor. Commission. The Executive Director of Civil Rights is appointed by, serves coterminous to, The Commission for Persons With and serves at the pleasure of, the Mayor. For Disabilities was created by City Council more appointed positions within the Office of ordinance in 2008 pursuant to state law. Civil Rights, see Appendix D. (M.G.L. c. 40, §8J). The Commission split from the Office of Civil Rights in 2012 to The Boston Fair Housing Commission form a separate department. The (BFHC) was founded in 1982 to eliminate Commission facilitates equal participation in discrimination and increase access to housing all aspects of city life by persons with for all Boston residents (Chapter 37 of the disabilities in Boston by reducing Acts of 1994). In 1994, the Commission was architectural, procedural, attitudinal and empowered with judicial enforcement communication barriers that affect such authority and the ability to impose civil persons. Commission members are appointed penalties pursuant to state legislation. by the Mayor to three-year, staggered terms. (Chapter 37 of the Acts of 1994, as amended by Chapter 165 of the Acts of 1998). The Commission consists of the Disability Commissioner, and eleven other Associate The BFHC monitors housing programs to Commissioners, all appointed by, and serving measure compliance with fair housing laws. coterminous to, the Mayor. The Disability The Commission may, as a result of Commissioner serves as the ADA Title II investigation or research, take appropriate Coordinator for the City of Boston, action to implement the City of Boston’s overseeing the City's Transition Plan by policy to eliminate discrimination and monitoring facilities, programs, and activities promote equal access to housing. The BFHC of the City for compliance with the Americans comprises five Commissioners, appointed by with Disability Act. The Commission also has the Mayor to staggered three-year terms. The a volunteer Advisory Board, made up of nine Mayor annually appoints a Chairperson to city residents, who meet monthly to provide serve for the year. The Director of the Fair input on issues of importance within the Housing Commission is selected by and serves disability community. as the Executive Officer to the Commission. The Elderly Commission, also known as the The Human Rights Commission (HRC) was Commission on Affairs of the Elderly, strives created to ensure that all persons are treated to enhance the quality of life for Boston’s fairly and equally regardless of religious creed, Senior Residents through planning,

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coordinating, and monitoring the delivery of Public Health Cabinet services (CBC Ord. §12-3). The Commission consists of a Commissioner on Affairs of the The Boston Public Health Cabinet promotes Elderly and 10 Associate Commissioners, all the health and well-being of all Boston appointed by the Mayor. The Commissioner residents, by providing and supporting disease serves coterminous with the Mayor, while and injury prevention, emergency services, Associate Commissioners serve four-year health promotion, and health education terms. The Commissioner is responsible for services. The Cabinet comprises the Boston ensuring that the City is in compliance with Public Health Commission (BPHC), an state and federal regulations regarding independent public agency providing a wide financial assistance, information exchange, range of health services and programs to and planning for better community Boston residents. It is governed by a seven- programming for the elderly. member Board of Health, which is appointed by the Mayor. The Executive Director of the The Veterans’ Services Department provides Boston Public Health Commission is services and support programming, and appointed by, serves coterminous to, and lobbies the state legislature and executive serves at the pleasure of, the Mayor. The departments to ensure that the needs of Executive Director also serves as Chief of Boston’s veterans and their families are met Public Health. (CBC Ord. §12-2). The Commissioner of Veteran's Services is appointed by, serves The BPHC collaborates with area hospitals, coterminous to, and serves at the pleasure of, community health centers, and community- the Mayor. based organizations to ensure the availability and accessibility of health care, disease and The Commission on Women advocates for injury prevention, health promotion, health increased attention to public policy initiatives education services and emergency medical that affect women's equal participation, services for the City. The functions of the economic security, family commitments, BPHC are split into six bureaus: Addictions health, and safety, and promotes educational Prevention, Treatment and Recovery Support programs and opportunities for girls (CBC Services; Center for Health Equity and Social Ord. §15-1). The Executive Director is Justice; Child Adolescent and Family Health; appointed by, serves coterminous to, and Community Initiatives; Emergency Medical serves at the pleasure of, the Mayor. Services; Emergency Shelter Commission; Homeless Services; Infectious Disease. The Boston Youth Fund (BYF) provides Additionally, the Cabinet comprises the Burial thousands of Boston teens between the ages of Permits Office. 15 and 17 with job opportunities after school and during the summer months. Youth Fund The Addictions Prevention, Treatment and participants work in a variety of jobs within Recovery Support Services Bureau provides a community, faith-based, and government variety of addiction services including agencies. Approximately $4.8 million of the treatment, prevention, advocacy, and harm BYF’s $6 million fiscal 2014 budget is reduction to Boston’s residents and families supported by the City of Boston. The who are adversely affected by drug abuse. The remaining funds are provided by Federal, State Bureau absorbed the power and and private contributions. The Director of the responsibilities of the Drug Abuse BYF is appointed by, serves coterminous to, Coordinating Council, which was created by and serves at the pleasure of, the Mayor. City Council ordinance in 1969 but has been

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inactive since the mid-1980’s (CBC Ord. §12- of services aimed at helping individuals with 7). any challenges that may have led to homelessness. These services include The Child, Adolescent and Family Health community re-entry programs, job training, Bureau addresses the public health needs of substance abuse treatment, and health and children, youth and families through school- social services for the homeless. The Bureau based health programing, Healthy Start, and comprises the Emergency Shelter Commission violence prevention. The Bureau also and Friends of Boston’s Homeless. comprises the Boston Area Health Education Center (BAHEC), which aims to diversify the The Boston Emergency Shelter Commission pool of health professionals in Boston by provides information and referral for encouraging youth to pursue careers in health constituents seeking emergency shelter, and public health. affordable housing opportunities, street outreach and other services from the wide The Community Initiatives Bureau works array of community-based organizations that with community residents and organizations, serve homeless and low-income households in health care institutions, city agencies, elected Boston. The Commission was created in 1983 officials and policymakers to identify and by the City Council under the authority of an address health concerns, advocate for healthy independent 5-member body and was later communities, and educate and empower the brought under the management umbrella of community. The Bureau advances cancer the Public Health Commission. prevention, healthy eating, oral health, environmental hazards, lead poisoning Friends of Boston’s Homeless is a 501(c)(3) prevention, tobacco control, asthma non-profit that was founded in to support the prevention and other educational initiatives. Boston Public Health Commission’s Homeless Services. The Friends of Boston’s Homeless The Boston Emergency Services Bureau, also help develop and support programs to help the known as Boston EMS, employs over 350 homeless move beyond shelter and back into EMTs and Paramedics who respond to an the community as independent citizens. In average of 300 emergencies per day and more addition Friends of Boston’s Homeless seeks to than 100,000 per year. In addition to increase the public’s awareness and emergency response, Boston EMS coordinates understanding of the realities of homelessness Boston’s emergency preparedness and through advocacy and education. Homeland Security efforts. The Emergency Preparedness division of Boston EMS, The Infectious Disease Bureau provides through the DelValle Institute for Emergency surveillance, investigation of cases and Preparedness, offers expanded and continuing outbreaks, funding for a continuum of HIV education for city staff, community center, care through funds received under the Ryan health center and hospital staff, and for area White HIV/AIDS Treatment Modernization Police and Fire departments. Emergency Act. The bureau also promotes education Preparedness also manages aspects of the City's related to HIV and other communicable Urban Area Security Initiative (UASI) and diseases, and operates a tuberculosis clinic. coordinates the region's Metropolitan Medical Response Service (MMRS). Public Safety Cabinet The Homeless Services Bureau offers over 800 beds in the City of Boston and a broad range The Public Safety Cabinet comprises the Fire

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and Police Departments. The Boston Fire at the pleasure of the Commissioner of Police: Commissioner and Boston Police Superintendent-in-Chief, 7 Superintendents, Commissioner serve as Joint Chiefs of Public 10 Deputy Superintendents, Chief of Staff, Safety. Chief of Public Information, Director of Public Information, Director of Crimalistic Services, The Boston Fire Department provides fire Director of Licensing Division, Director of protection, emergency medical services, and Strategic Initiatives and Policies, Director of first-response to motor vehicle accidents, Human Resources, Director of Finance, hazardous material spills, electrical hazards, Director of the Office of Research and floods, and construction accidents. The Development, Director of the Physical Department is divided into the Divisions of Comparison Unit, Deputy Director of Labor Fire Suppression; Fire Prevention; Training, Relations, and Deputy Director of Fleet and Facilities; Special Operations Administration and Technology. Command; Emergency Planning and Preparedness; Fire Alarm; and Personnel. Non-Mayoral Departments

The Department has approximately 1,550 The non-mayoral departments are funded by uniformed and 75 civilian personnel. The the City through the General Fund budget. Boston Fire Commissioner is appointed by However, the Mayor does not have any direct and serves at the pleasure of, the Mayor. The responsibility over appointing the department following civilian positions are appointed by heads of these departments. Non-mayoral and serve at the pleasure of the Fire departments include: City Clerk, the City Commissioner: the Deputy Commissioner of Council, the Finance Commission and the Administration and Finance, Deputy Licensing Board. Commissioner of Labor and Legal Affairs, Deputy Commissioner of Planning and The Boston City Clerk is elected by the City Organizational Development, Director of Council (M.G.L. c. 41). The City Clerk's office Transportation and Director of Human accepts, files, records, and maintains all Services. All uniform officers, except the municipal records; publishes the agenda for all Chief of Department are members of IAFF, City Council meetings; records all Council and Local 718. related Mayoral actions; edits and compiles the minutes of Council meetings; maintains the The Boston Police Department is responsible City Council document system database; for law enforcement and investigation in the publishes all ordinances and amended codes City. The Department is divided into the on a yearly basis. The Clerk also provides Office of the Legal Advisor, Bureau of clerical support to the public, including the sale Professional Standards, Bureau of Field of various licenses and permits, notarizing and Services, Bureau of Administration and attesting to documents, filing, recording, and Technology, Bureau of Investigative Services, copying papers in the custody of the Clerk and Bureau of Professional Development, and performing marriages. Bureau of Intelligence and Analysis. The City Clerk is also responsible for The Department has approximately 2,100 overseeing the work of the Archives officers and 900 civilian personnel. The Commission. The Archives Commission Boston Police Commissioner is appointed by oversees the protection of city records, files, and serves at the pleasure of, the Mayor. The and other items of historic interest. following positions are appointed by and serve

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Office of Consumer The Boston Finance Commission is an City of Boston Affairs and independent agency that monitors the business Licensing Board Licensing of Boston to ensure an efficient and transparent government. The Finance Food/Alcohol licenses for restaurants, nightclubs, pri- Arcades Commission reviews, and if necessary vate clubs, etc. investigates, contracts, appropriations, loans, Automatic amusement Common victualler license expenditures, accounts and methods of devices (coin-controlled (food service) administration and reports its findings and games) recommendations to the Mayor, the City Package stores Cabaret shows Council and the general public. The Hotel Carnivals Commission was established in 1909 “to Inns Carousels investigate any and all matters relating to Lodging houses Concerts appropriations, loans, expenditures, accounts, Fraternities Public dances and methods of administration affecting the Dormitories Dance schools City of Boston.” (Chapter 486 of the Acts of Billiards Entertainments Exhibitions and shows 1909). The Commission comprises five Pool tables (outdoor and indoor) Commissioners appointed by the Governor Sippio tables Ferris wheels and confirmed by the Executive Council for Bowling alleys Jukeboxes five-year terms. The agency is funded by the Fortune tellers Live entertainment city . Theaters

The City of Boston Licensing Board regulates The Licensing Board does not regulate all licenses for retail sales of alcoholic and non- entertainment licenses in the City. alcoholic beverages, restaurant food, and Entertainment licenses are issued by the lodgings (CBC Ord. §14-1). The Licensing Licensing Division of the Office of Consumer Board conducts business hearings, disciplinary Affairs and Licensing. hearings, and public meetings. The Licensing Board consists of three Commissioners, who Additional Departments are appointed by the Governor to serve 6-year terms. The Executive Secretary is appointed by Within Boston’s government structure are the board. three departments that are independent of the City’s budget, yet are connected via The Licensing Board was established as part of appointments that the Mayor statutorily has a greater effort by a predominantly non-Irish the responsibility to make to these various State Legislature in an effort to take power agencies. The departments are: Boston away from the Irish-run City Hall (Chapter 291 Retirement Board, Boston Water and Sewer of the Acts of 1906). On February 18, 2011, Commission and the Boston Housing Governor Patrick filed House Bill 1850, "An Authority (BHA). The Boston Retirement Act relative to the appointment of members of Board administers the State –Boston the Boston Licensing Board”, which proposed Retirement System (SBRS). Additionally, the to return appointing authority of the Boston Administrator of the BHA is Chief of Public Licensing Board to the Mayor of Boston. On Housing in the Mayor’s cabinet. February 22, 2011, the bill was referred to the Joint Committee on Consumer Protection and The State-Boston Retirement System provides Professional Licensure, where it remained for pension benefits to retired city employees and the duration of that session. beneficiaries under a defined-benefit

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retirement plan. Established under Chapter 32 responsible for funding and managing of the Massachusetts General Laws, SBRS investments for teacher retirement plans. The manages a portfolio of pension assets with a Board consists of two members elected by market value of $3.5 billion as of December active and retired members of the system; one 31, 2012. The SBRS is legally separate and member appointed by the Mayor; the City fiscally independent from the City of Boston, Auditor, who serves ex officio, and one member but works collaboratively with the City who is elected by the other four members of administration. Further, the system is reported the Board. If the four members can not agree in the City of Boston Comprehensive Annual on the fifth member, the Mayor is authorized Financial Report as if it were part of the to make the appointment. Prior to fiscal 1998, primary government. the Retirement Board was part of the City’s General Fund operations. Most City employees who work at least 20 hours per week are required to become In fiscal 1998, changes in the state pension law members of the State Boston Retirement plan. required local retirement boards to be funded There are over 13,951 active and over 10,000 through pension investment income. Thus, retired members and beneficiaries of the SBRS. the City no longer supports the $1.4 million in Employees contribute to the State Boston operating expenses. Retirement System instead of contributing to the Federal Social Security System. The system The Boston Water and Sewer Commission provides defined-benefit pensions to workers (BWSC) is an independent Commission who have retired after reaching a threshold established in 1977 pursuant to a “home rule” combination of years of service and age or who petition adopted by the City of Boston and have become disabled. enacted by the Massachusetts Legislature as the Boston Water and Sewer Reorganization Act The Boston Retirement Board administers the (Chapter 436 of the Acts of 1977). The BWSC SBRS (CBC Ord. §5-7). The Board determines is overseen by a three-member Board of the size of the City’s required annual Commissioners, appointed by the Mayor of contribution to the fund and manages the Boston subject to confirmation by the City fund’s investment. The board reports to The Council to staggered four-year terms. The Public Employee Retirement Administration Board’s primary responsibility is to ensure the Commission (PERAC). PERAC is the state's sound, economical and efficient maintenance regulatory body charged with monitoring the of the water and sewer systems for the citizens funding, investment, and administrative of Boston. practices of each retirement system. PERAC reviews each system's actuarial valuations, The Boston Housing Authority (BHA) was funding status, financial statements, and established by order of the Boston City certifies the amount each government entity Council on October 1, 1935, pursuant to state must appropriate annually. law empowering cities and towns of Massachusetts to establish housing authorities. The Board also provides administrative services (Chapter 449 of the Acts of 1935) The BHA for retirees of all city departments and agencies is responsible for providing decent, safe and as well as the School Department, the Boston sanitary housing for families unable to afford Redevelopment Authority, the Boston Housing housing without public subsidies. To carry out Authority, the Public Health Commission, and these responsibilities BHA develops and the Boston Water and Sewer Commission. manages housing projects and leases housing Even so, the State, and not the SBRB, is when necessary.

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The management and governance of the BHA functioning county government. The has changed several times since 1975, when governmental structure of Suffolk County was BHA was sued in Boston City Housing Court abolished in part in 1999 through M.G.L. by a group of BHA tenants, represented by Chapter 34B and later through Chapter 61 of Greater Boston Legal Services, over poor the Acts of 2009. The abolished functions of conditions in housing projects under the the county government were transferred to the authority's control. As a result of the ruling in Commonwealth. favor of the tenants, a court-appointed “Master” prepared a report listing Chapter 34B transferred the operation and recommendations that provided the basis for a management of the Registry of Deeds of consent decree signed in 1977 by BHA, Suffolk County to the Commonwealth. Later, Greater Boston Legal Services and the Boston the passage of Chapter 61 of the Acts of 2009 Public Housing Tenants Policy Council. The completed the transfer of the offices and decree detailed a series of improvements that functions of Suffolk County to the BHA was to make over the course of three Commonwealth. The Registry of Deeds is now years. The Master, responsible for monitoring administered by the Secretary of the BHA's compliance with the consent decree, Commonwealth’s office and the Sheriffs office gave approval for all major decisions made by and Suffolk County Houses of Corrections the BHA Board and administrator. In 1979, have been administratively placed under the the judge ruled that BHA had failed to Executive Office of Public Safety. satisfactorily fulfill the terms of the consent decree and BHA was placed in receivership, The City of Boston continues to pay off with its Board of Commissioners and Suffolk County pension liabilities for administrator replaced by a court-appointed previously retired county employees. receiver. Since 1990, when the receivership Employees who were retired prior to this ended, BHA has been directed by an transfer remain members of the SBRS. The Administrator whose activities are reviewed by State annually assesses the City for the a nine-member monitoring committee remainder of the unfunded portion of this appointed by the Mayor of Boston. The liability. The annual amount of this assessment administrator of the BHA serves on the will be approximately $3.9 million for the fiscal Mayor’s Cabinet as Chief of Public Housing. years 2012–2025. Once the pension liability of these employees is fully funded, the assessment will terminate. Employees that were active at Suffolk County Government the time of transfer were transferred to the State Retirement System along with their Suffolk County was established by the annuity saving funds. Their pension liability is Massachusetts General Court in 1643. Suffolk now a liability of the State Retirement System. County includes Chelsea, Winthrop, Revere and Boston, the seat of Suffolk County. Suffolk County exists today only as a historical geographic region, and no longer has a

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