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The 191st General Court of the Commonwealth of Massachusetts

AN ACT FURTHER REGULATING THE FILLING OF VACANCIES ON CERTAIN BOARDS AND COMMISSIONS IN THE CITY OF BOSTON.

 

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 1 of chapter 410 of the acts of 1898, as appearing in section 1 of chapter 362 of the acts of 2012, is hereby amended by inserting after the word “mayor”, in line 4, the following words:- , subject to confirmation by the city council.

SECTION 2.  Said section 1 of said chapter 410, as so appearing, is hereby further amended by adding the following paragraph:-

Upon a vacancy on the commission resulting from the resignation, removal or expiration of a term of office of a commissioner, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor as described in this section within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary.

SECTION 3.  The first paragraph of section 4 of chapter 616 of the acts of 1955, as appearing in section l of chapter 429 of acts of 1965, is hereby amended by striking out the words “city as” and inserting in place thereof the following words:- city, subject to confirmation by the city council, as.

SECTION 4.  Said section 4 of said chapter 616 is hereby further amended by inserting after the first paragraph, as most recently amended by chapter 450 of the acts of 2008, the following paragraph:-

Upon a vacancy on the commission resulting from the resignation, removal or expiration of a term of office of a commissioner or an alternate, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary. The members of the commission shall be residents of the city of Boston during their terms of office.

SECTION 5.  Section 1 of chapter 665 of the acts of 1956 is hereby amended by inserting after the second paragraph, as most recently amended by section 1 of chapter 461 of the acts of 1993, the following paragraph:-

Upon a vacancy on the zoning commission resulting from the resignation, removal or expiration of a term of office of a commissioner, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary.

SECTION 6.  Section 8 of said chapter 665 is hereby amended by inserting after the second paragraph, as most recently amended by section 3 of said chapter 461 of the acts of 1993, the following paragraph:-

Upon a vacancy on the board resulting from the resignation, removal or expiration of a term of office of a member or an alternate, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the board at the mayor’s discretion, notwithstanding any provision of this section to the contrary.

SECTION 7.  Section 1 of chapter 625 of the acts of 1965 is hereby amended by inserting after the word “mayor”, in line 3, the following words:-  , subject to confirmation by the city council.

SECTION 8.  Said section 1 of said chapter 625 is hereby further amended by adding the following paragraph:-

Upon a vacancy on the commission in a seat previously occupied by a member who was appointed after nomination by the Freedom Trail Foundation, Inc. pursuant to this section, resulting from the resignation, removal or expiration of a term of office of a member, the mayor shall provide written notice to the Freedom Trail Foundation, Inc. by certified or registered mail. If the Freedom Trail Foundation, Inc. fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary.  The members of the commission shall be residents of the city of Boston during their terms of office.

SECTION 9.  The first sentence of the first paragraph of section 4 of chapter 625 of the acts of 1966, as most recently amended by section 5 of chapter 624 of the acts of 1982, is hereby further amended by striking out the words “mayor as” and inserting in place thereof the following words:-  mayor, subject to confirmation by the city council, as.

SECTION 10.  Said section 4 of said chapter 625 is hereby further amended by inserting after the first paragraph, as so amended, the following paragraph:-

Upon a vacancy on the commission resulting from the resignation, removal or expiration of a term of office of a commissioner or an alternate, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor as described in this section within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary.  The members of the commission shall be residents of the city of Boston during their terms of office. 

SECTION 11.  Section 3 of chapter 772 of the acts of 1975, as most recently amended by section 4 of chapter 137 of the acts of 1989, is hereby further amended by inserting after the second paragraph the following paragraph:-

Upon a vacancy on the commission resulting from the resignation, removal or expiration of a term of office of a commissioner or an alternate, the mayor shall provide written notice to the nominating entities described in this section by certified or registered mail.  If a nominating entity fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the commission at the mayor’s discretion, notwithstanding any provision of this section to the contrary.

SECTION 12.  Section 2 of chapter 88 of the acts of 1989, as most recently amended by section 6 of chapter 139 of the acts of 2013, is hereby further amended by inserting after the word “mayor”, in line 3, the following words:-  and confirmed by the city council.

SECTION 13.  Said section 2 of said chapter 88, as so amended, is hereby further amended by inserting after the first paragraph the following paragraph:-

Upon a vacancy on the monitoring committee in a seat reserved for a public housing tenant or a rental assistance tenant resulting from the resignation, removal or expiration of a term of office of such person, the mayor shall provide written notice by certified or registered mail, in the case of a public housing tenant vacancy, to the citywide public housing tenant organizations and public housing development-based tenant organizations of the Boston Housing Authority responsible for nominating mayoral appointees or, in the case of a rental assistance tenant vacancy, to the rental assistance tenants who have served in a resident advisory capacity.  If a nominating entity fails to recommend nominees to the mayor within 90 days after being notified of a vacancy, the mayor may appoint a person to the committee at the mayor’s discretion, notwithstanding any provision of this section to the contrary.

SECTION 14.  This act shall take effect upon its passage.

Approved, January 7, 2019.