Member of city council not to be appointed. To hold office until successor is appointed and qualified. Appointment and removal of subordinates. Executive pow. er to be vested in mayor. Officers and contracts, etc. of taxes, subject to confirmation by the mayor, and may be removed by the assessors for such cause as they shall deem sufficient and shall assign in their order for removal, and the city clerk shall be chosen by the city council by concurrent vote. SECT. 3. No member of the city council of said city shall, during the term for which he is elected, be appointed to or hold any office included under the provisions of either of the preceding sections. SECT. 4. Every officer included under the provisions of either section one or two shall, unless sooner removed, continue after the expiration of his term of service to hold his office until his successor is appointed or elected and duly qualified. SECT. 5. All officers and boards included under the provisions of section one shall appoint their respective subordinates for such terms of service respectively as are or may be fixed by law or ordinance. The said officers and boards may remove such subordinates for such cause as they may deem sufficient and shall assign in their order for removal. SECT. 6. The executive powers of said city, and all the executive powers now vested in the board of aldermen, as such, as surveyors of highways, county commissioners or otherwise, shall be and hereby are vested in the mayor, to be exercised through the several officers and boards of the city in their respective departments, under his general supervision and control. Such officers and boards shall, in their boards to make respective departments, make all necessary contracts for the employment of labor, the supply of materials, and the construction, alteration and repair of all public works and buildings, and have the entire care, custody and management of all public works, institutions, buildings and other property, and the direction and control of all the executive and administrative business of said city. They shall be at all times accountable for the proper discharge of their duties to the mayor, as the chief executive officer, whose duty it shall be to secure the honest, efficient, and economical conduct of the entire executive and administrative business of the city, and the harmonious and concerted action of the different departments. Every contract made as aforesaid in which the amount involved exceeds two thousand dollars shall require the approval of the mayor before going into effect; and no expenditure shall be made nor liability incurred for any purpose beyond the appropriation duly made therefor. of departments Mayor to call SECT. 7. The mayor shall, once a month or oftener, call together together heads the heads of departments for consultation and advice upon the affairs for consultation. of the city; and at such meetings and at all times they shall furnish such information as to matters under their control as the mayor may request. Annual estl nished. SECT. 8. The heads of departments, and all other officers and mates to be fur- boards having authority to expend money, shall annually furnish an estimate to the mayor of the money required for their respective departments and offices during the next financial year. The mayor shall examine such estimates, and submit the same with his recommendations thereon to the city council. Mayor may veto. SECT. 9. When an ordinance, order, resolution or vote of the city council, or of either branch thereof, involving the appropriation or expenditure of money, or the raising of a tax, and including separate items or sums, is presented to the mayor of the city for his approval, he may approve some of the items or sums, and disapprove others; and in case of such disapproval the portion of the ordinance, order, resolution or vote so approved shall be in force, in like manner as if the items or sums disapproved had never been a part thereof; and the mayor shall return a statement of the items or sums disapproved, with his objections in writing, to that branch of the city council in aldermen or of expenditure mayor for which the ordinance, order, resolution or vote originated. The items or sums so disapproved shall not be in force unless passed in the manner provided in section forty-seven of chapter four hundred and forty-eight of the acts of the year eighteen hundred and fifty-four. SECT. 10. All orders, resolutions or votes of the board of aldermen Votes, etc., of of said city which involve the exercise of any of the powers conferred school commit by law upon the mayor and aldermen, or the board of aldermen as a tee involving separate board; and all orders, resolutions or votes of the school of money to te committee of said city, which involve the expenditure of money, shall presented to be presented to the mayor for his approval, and thereupon the same approval. proceedings shall be had by the mayor and the board of aldermen, or the mayor and the school committee, as are provided in section forty-seven of chapter four hundred and forty-eight of the acts of the year eighteen hundred and fifty-four, or in section nine of this act, to be had by the mayor and a single branch of the city council; but nothing in this section contained shall affect the powers or duties of said board in relation to votes cast at elections. The mayor shall not be a member, nor preside at any of the meetings, nor appoint any of the committees of either the board of aldermen or of the school committee. SECT. 11. The annual salary of the mayor of said city shall be Salary of mayor, fixed by the city council by concurrent vote at a sum not less than 1885, 361. five thousand dollars, and he shall receive for his services no other compensation or emolument whatever. members not to ploying labor, SECT. 12. Neither the city council nor either branch thereof, nor City council or any member or committee thereof or of either branch thereof, nor the take part in emboard of aldermen acting in any capacity in which said board may making of con act separately under special powers conferred upon it, nor any mem- tracts, etc. ber or committee of said board acting in any such capacity, shall directly or indirectly take part in the employment of labor, the making of contracts, the purchase of materials or supplies, the construction, alteration or repair of any public works, buildings or other property, or the care, custody and management of the same, or in the conduct of any of the executive or administrative business of the city, or in the expenditure of public money, except such as may be necessary for the contingent and incidental expenses of the city council or of either branch thereof, nor, except as is otherwise provided in sections one and two, in the appointment or removal of any officers or subordinates for whose appointment and removal provision is hereinbefore made; but nothing in this section contained shall affect the powers or duties of the board of aldermen in relation to state aid to disabled soldiers and sailors, and to the families of those killed in the civil war. SECT. 13. All ordinances, rules, orders, resolutions and votes of Inconsistent ordinances, etc., the city council of said city and of either branch thereof, and of the annulled. board of aldermen acting in a special capacity as a separate board, are annulled so far as they are inconsistent with the provisions of this act; and nothing herein shall affect the enforcement of the provisions of chapter three hundred and twenty of the acts of the year eighteen hundred and eighty-four, being an act to improve the civil service of Civil service. the Commonwealth and the cities thereof, or of the rules made by the commissioners appointed thereunder; and none of the provisions of this act, except those relating to the power of removal, shall affect the tenure of office of any person now holding any office or position Tenure of office. in said city. May 27, 1885. Board of police by the governor. AN ACT TO ESTABLISH A BOARD OF POLICE FOR THE CITY OF BOSTON. Be it enacted, etc. : SECTION 1. The governor of the Commonwealth with the advice to be appointed and consent of the council shall appoint from the two principal political parties three citizens of Boston who shall have been residents therein two years immediately preceding the date of their appointment, who shall constitute a board of police for said city, and who shall be sworn before entering upon the duties of their office. One member of said board shall be designated by the governor as chairman and two shall constitute a quorum. Their terms of office shall be so arranged and designated at the time of appointment that the term of one member shall expire on the first Monday of May, eighteen hundred and eighty-eight, one on the first Monday of May, eighteen hundred and eighty-nine, and one on the first Monday of May, eighteen Term of office. hundred and ninety. The full term of office, after these dates, shall be five years, and all vacancies occurring after the passage of this act shall be filled by the governor with the advice and consent of the council. The members of said board may be removed by the governor with the advice and consent of the council for such cause as he shall deem sufficient and shall express in the order of removal. The board of police shall appoint a clerk, who shall be sworn, who shall keep a record of all proceedings, issue all notices and attest all such papers and orders as said board shall direct, whose term of office shall be five years, but who may be removed by said board for such cause as it shall deem sufficient and shall express in its order of removal. Removal of members. Clerk to keep record of procecdings. Board to appoint and SECT. 2. The board of police shall have authority to appoint and organize police. establish and organize the police of said city of Boston, and make all needful rules and regulations for its efficiency. All the powers now vested in the board of police commissioners in said city of Boston, by the statutes of the Commonwealth or by the ordinances, by-laws, rules and regulations of said city, except as otherwise hereby provided, are hereby conferred upon and vested in said board of police. Members of police to continue in office until removed or retired. Powers of SECT. 3. The members of the Boston police force in office when the said board of police are first appointed shall continue to hold their several offices until removed or placed on the retired list by the said board; and the present rules and regulations of the board of aldermen for the government of the police shall continue in force until otherwise ordered by said board of police. All police officers appolice officers. pointed by said board of police hereby created shall have and exercise within the limits of said city all the common law and statutory powers of constables, except the service of civil process, and shall have all the powers given to the police as watchmen by the statutes of the Commonwealth, the laws relating to said city or by any ordinances thereof.1 Salaries of members of board. Rooms. SECT. 4. The annual salary of the chairman of said board of police shall be four thousand five hundred dollars, that of the other members four thousand dollars, of the clerk two thousand five hundred dollars, which shall be paid monthly from the treasury of the city of Boston. Said officers shall not engage in any other business. The board of police, with the approval of the governor and council, shall be provided with such rooms as shall be convenient and suitable for the performance of its duties, the rent of which shall be paid by the city of Boston. The said city of Boston shall provide all such suitable 1 See Ham v. Board of Police, decided by 8 J.C. accommodations for the police of said city as said board shall require, and all buildings and property used by said police shall be under the control of said board. All expense for the maintenance of buildings, Expenses to be the pay of the police and all incidental expenses incurred in the admin- paid by city. istration of the said police, shall be paid by the city of Boston upon the requisition of said board. patrolmen. SECT. 5. Said board of police shall not appoint any larger number Number of of patrolmen than the present police commissioners of said city are now authorized to appoint, except as authorized by said city, nor shall the pay of the police be increased or diminished except by the concurrent action of said city and said board of police. sume control in etc. SECT. 6. In case of tumult, riot or violent disturbance of public Mayor may asorder, the mayor of said city shall have, as the exigency in his judg- case of tumult, ment may require, the right to assume control for the time being of the police of said city; but before assuming such control he shall issue his proclamation to that effect, and it shall be the duty of the board of police to execute all orders promulgated by him for the suppression of such tumult and the restoration of such order. SECT. 7. The board of police shall make a detailed report of its Reports required. doings quarterly to the mayor of said city, and annually to the governor of the Commonwealth, in the month of December. The records of said board of police shall at all times be open to the inspection of the governor of the Commonwealth, the mayor of said city, or to such persons as may be designated by them. SECT. 8. Nothing herein shall affect the enforcement of the pro- Civil service visions of chapter three hundred and twenty of the acts of the year affected. eighteen hundred and eighty-four, being an act to improve the civil service of the Commonwealth and the cities thereof, or of the rules made by the commissioners appointed thereunder. SECT. 9. This act shall take effect upon its passage. June 12, 1885. [1854, 448; 1878, 244; 1879, 38, 59, 97; 1882, 267; 1883, 14.] AN ACT IN FURTHER ADDITION TO AN ACT FOR THE LAYING OUT OF Be it enacted, etc.: sioners may near Dorchester SECTION 1. The board of park commissioners of the city of Bos- Park commis. ton, subject to the provisions of chapter nineteen of the Public erect structures Statutes excepting so much of section sixteen of said chapter as re- over tide water quires the payment into the treasury of compensation for the rights Point. and privileges hereby granted in land of the Commonwealth, may make such excavation and filling, and erect and maintain such structures, in and over the area of tide water, at or near Dorchester Point in South Boston, which lies south of the northerly line of East First Street extended easterly to Castle Island, and east of the westerly line of Q Street extended southerly into Old Harbor, as the said board may deem necessary or desirable for the purposes of a public park in accordance with the provisions of chapter one hundred and eighty-five of the acts of the year eighteen hundred and seventy-five. SECT. 2. All lands of the Commonwealth which are occupied or Land to be used enclosed under the provisions of this act shall be appropriated to and used solely for the purposes of a public park. SECT. 3. This act shall take effect upon its passage. [1875, 185.] June 19, 1885. for a public park. Salary of mayor may be in creased. 1885. CHAPTER 361. AN ACT RELATING TO THE SALARY OF THE MAYOR OF THE CITY OF BOSTON Be it enacted, etc.: SECTION 1. Section eleven of chapter two hundred and sixty-six of the acts of the year eighteen hundred and eighty-five shall be held to authorize the city council of the city of Boston to increase the salary of the mayor of said city from the twenty-sixth day of June in the year eighteen hundred and eighty-five, anything contained in any other act to the contrary notwithstanding. SECT. 2. This act shall shall take effect on the twenty-sixth day of June in the year eighteen hundred and eighty-five. June 19, 1885. 1885. CHAPTER 374. AN ACT RELATING TO THE INSPECTION AND CONSTRUCTION OF BUILDINGS Department for Inspector. Be it enacted, etc.: SECTION 1. There shall be in the city of Boston a department, to be called the Department for the Inspection of Buildings; which shall be furnished, at the expense of the city, with office rooms and such supplies for the transaction of its business as the city council may provide. The compensation of its officers shall be provided for by said city by ordinance. SECT. 2. The chief officer of said department shall be called the inspector of buildings, and shall be appointed by the mayor and conTerm of office. firmed by the board of aldermen. He shall hold office for the term of three years, or until his successor shall be appointed and confirmed; but may be removed by the mayor for malfeasance, incapacity or neglect of duty. Assistant inspectors and clerk. Inspector and assistants to be architects or builders, etc. May enter any building. Inspector to keep a record, and make annual report. If owner of building is aggrieved mat SECT. 3. The other officers of said department shall consist of a clerk, and such number of assistant inspectors as the city council may, from time to time, by ordinance determine; all of whom shall be appointed by the inspector with the approval of the mayor, and shall hold office during good behavior; but may be removed by the inspector, with the approval of the mayor, for malfeasance, incapacity or neglect of duty. SECT. 4. The inspector and assistant inspectors of the department shall be able and experienced architects, builders or mechanics, and shall not be employed or engaged in any other business, or be interested in any contract for building or for furnishing materials. SECT. 5. All said officers may, as far as necessary for the performance of their duties, enter any building or premises in the city of Boston. SECT. 6. The inspector shall keep a record of the business of said department; submit to the city council a yearly report of such business; ascertain all facts and make all returns which shall be required by law relative to steam boilers; and enter upon the premises wherein any fire has occurred, if necessary, in order to investigate the origin of the fire; may require plans and specifications of any proposed erection or alteration of any building; and shall grant permits for such erection or alteration, when in conformity with the requirements of this act. SECT. 7. Should the owner of any building object to any order or decision of said inspector, on a matter left by this act to his approval or |