HOUSE . . . . . . . . No. 4927
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The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, October 11, 2018.
The committee on Bills in the Third Reading, to whom was referred the Bill relative to boards and commissions of the city of Boston (House, No. 4086), reports recommending that the same be amended by substitution of the accompanying bill (House, No. 4927), and that when so amended the same will be correctly drawn.
For the committee,
THEODORE C. SPELIOTIS.
FILED ON: 10/11/2018
HOUSE . . . . . . . . . . . . . . . No. 4927
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The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act relative to boards and commissions of 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 is hereby amended by inserting after the word “mayor”, in line 4, as appearing in section 1 of chapter 362 of the acts of 2012, the words:- , subject to confirmation by the city council.
SECTION 2. Said section 1 of said chapter 410, as amended by said section 1 of said chapter 362, is hereby further amended by adding the following paragraph:-
Upon a vacancy on the commission resulting from either the resignation or removal of a commissioner prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her 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 is hereby amended by striking out, in line 4, as appearing in section l of chapter 429 of acts of 1965, 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, as most recently amended by chapter 450 of the acts of 2008, is hereby further amended by inserting after the first paragraph the following paragraph:-
Upon a vacancy on the commission resulting from either the resignation or removal of a commissioner or an alternate prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her discretion, notwithstanding any provision of this section to the contrary. The members of the commission shall at all times during their terms of office be residents of the city of Boston.
SECTION 5. Section 1 of chapter 665 of the acts of 1956, as most recently amended by section 1 of chapter 461 of the acts of 1993, is hereby further amended by inserting after the second paragraph the following paragraph:-
Upon a vacancy on the zoning commission resulting from either the resignation or removal of a commissioner prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her discretion, notwithstanding any provision of this section to the contrary.
SECTION 6. Section 8 of said chapter 665, as most recently amended by section 3 of said chapter 461 of the acts of 1993, is hereby further amended by inserting after the second paragraph the following paragraph:-
Upon a vacancy on the board resulting from either the resignation or removal of a member or an alternate member prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the board by the mayor at his or her 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 inserting after the first paragraph 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 either the resignation or removal of a member prior to his or her term or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her discretion, notwithstanding any provision of this section to the contrary. The members of the commission shall at all times during their terms of office be residents of the city of Boston.
SECTION 9. The first sentence of the first paragraph of section 4 of chapter 625 of the acts of 1966 is hereby amended by striking out, in line 4, as appearing in section 3 of chapter 463 of the acts of l974, 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, as most recently amended by section 3 of chapter 137 of the acts of l989, is hereby further amended by inserting after the first paragraph the following paragraph:-
Upon a vacancy on the commission resulting from either the resignation or removal of a commissioner or an alternate prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her discretion notwithstanding any provision of this section to the contrary. The members of the commission shall at all times during their terms of office be residents of the city of Boston.
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 either the resignation or removal of a commissioner or an alternate prior to his or her term, or the expiration of a term, 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 of being notified of a vacancy, any individual may be appointed to the commission by the mayor at his or her 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 most recently amended by said section 6 of said chapter 139, 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 rental assistance tenant resulting from the resignation or removal of a member prior to his or her term, or the expiration of a term, the mayor shall provide written notice by certified or registered mail, in the case of a public housing tenant vacancy, to the city-wide 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 of being notified of a vacancy, any individual may be appointed to the Monitoring Committee by the mayor at his or her discretion, notwithstanding any provision of this section to the contrary.
SECTION 14. This act shall take effect upon its passage.