Boston Art Commission

BOSTON CODE - ORDINANCES

5-2 ART COMMISSION                                                                                      

There shall be within the Mayor’s Office of Arts, Tourism, and Special Events, or a successor of that office, a Board, known as the Boston Art Commission, consisting of 9 commissioners, all of whom shall be residents of the City of Boston, appointed by the Mayor as follows: -- 1 from 3 candidates nominated by the Boston Society of Architects, 1 from 3 candidates nominated by the Museum of Fine Arts, 1 from 3 candidates nominated by the Trustees of the Public Library of the City of Boston, 1 from 3 candidates nominated by the Isabella Stewart Gardner Museum, 1 from 3 candidates nominated by the Massachusetts College of Art and Design, and 2 candidates, who have demonstrated distinguished service to the arts, appointed at the discretion of the Mayor’s Office of Arts, Tourism and Special Events, or a successor of that office, in order to ensure that the Boston Art Commission represents diverse perspectives on the arts.  In addition, the Director of the Mayor’s Office of Arts, Tourism, and Special Events, or a successor of that office, and the Head of Urban Design at the Boston Redevelopment Authority, shall both serve on the Board, ex officio without additional compensation, and shall both have an official vote. 

Members of the commission shall serve for a term of 5 years.  If invited by the Mayor, commissioners may choose to serve for an additional 5 years.  Any vacancy in the office of any member of the commission shall be filled in like manner for the unexpired term.  A successor shall be appointed as such commissioner for a term of 5 years.  Every member of the commission shall continue in office after expiration of the term until a successor shall have been duly appointed.  The members of the commission shall serve without compensation.  The daily operations of the commission shall be run by a Director, which is a paid position through the City of Boston. 

The commission shall not be subject to the supervision or control of the of the Mayor’s Office of Arts, Tourism and Special Events, or a successor of that office, or any member thereof; but unless otherwise ordered by the Mayor, the commission shall not communicate with the Mayor except through the Mayor’s Office of Arts, Tourism, and Special Events, or a successor of that office, and shall not make any annual or other report except through the Mayor’s Office of Arts, Tourism, and Special Events, or a successor of that office.

The commission shall adopt, and may from time to time amend, by-laws concerning its internal management and, after public hearing, may adopt and from time to time amend regulations for the purpose of interpreting this act and of implementing its administration and enforcement, which regulations shall be in addition to those required by sections two and three, as amended by chapter 87 of the Acts of 1919.

  Annually on the first day of May or as soon thereafter as may be convenient, the commission shall elect one of its members as chair and another as vice-chair.  The role, powers, and term length of the chair and vice-chair shall be determined by the commission as outlined in the by-laws.  City employees shall not be eligible for the offices of chair or vice-chair.                                        

The commission shall have the powers and perform the duties conferred or imposed by law on the Board of Art Commissioners in existence immediately prior to the taking effect of Chapter 8 of the Ordinances of 1953.

(St. 1898 c. 410; Sp. St. 1919 c. 87; Ord. 1953 c. 8 § 9; Rev. Ord. 1961 c. 4 § 8; CBC 1975 Ord. T5. § 10; Ord. 1986 c. 4 § 2)

POWERS AND DUTIES

The Art Commission shall have the custody and care of all works of art owned by the city and heretofore under the control of any department thereof. No work of art shall become the property of the city by purchase, gift or otherwise, until it, or a design or model thereof, and the situation proposed therefore shall have been approved by the art commission, and no work of art, until approved by the art commission, shall be erected or placed in, over or upon, or allowed to extend in, over or upon any street, avenue, square, park or other property belonging to the city. The art commission may, with the approval of the mayor, order the removal, relocation or alteration of any existing work of art owned by the city, and no such work of art shall be removed, relocated or altered without such order and approval. The art commission shall at the request of the mayor, study, consider and report upon the design of any municipal building, bridge, approach, fence or other structure erected or to be erected upon land belonging to the city, and upon the design of any arch, bridge, structure or approach which is the property of any person, firm or corporation, and extends in, over or upon any street, avenue, highway, park or public place.

The term “work of art’, as used in this section shall apply to and include all paintings, mural decorations, statues, bas-reliefs, sculptures, monuments, fountains, arches, ornamental gateways and other structures of a permanent character intended for ornament or commemoration.

All contracts or orders for the execution of any painting, monument statue, bust, bas-relief or other sculpture for said city shall be made by the art commission, acting by a majority of all its members, subject to the approval of the mayor.

Historical Notes

St. 1898 c. 410 §§~3,4,6

Sp.St.19l9c.87 §2

St. 1953 c. 473 §1

Rev. Ord. 1962 c. 4 §8

Cross Reference

GL c 41 §~82 84

FAILURE OF COMMISSION TO ACT

If the art commission falls to decide upon any matter submitted to it within sixty days after such submission, its decision shall be deemed unnecessary.

Historical Notes

St. 1898 c. 410 §5

St. 1953 c. 473 §1

Rev. Ord. 1961 c. 4 §8