[HISTORY: Adopted by the Board of Selectmen of the Town of
Northbridge 4-8-2013; amended in its entirety 5-20-2019. Subsequent amendments noted where applicable.]
A.Â
This policy is applicable to the criminal history screening of prospective and current employees, subcontractors, vendors, volunteers and interns, professional licensing applicants, rental or leased housing applicants, and state, county, and municipal employees and applicants as those terms are defined in MGL c. 268, § 1.
B.Â
Where criminal offender record information (CORI) and other criminal
history checks may be part of a general background check for employment,
volunteer work, licensing purposes, or the rental or leasing of housing,
the following practices and procedures will be followed.
A.Â
CORI checks will only be conducted as authorized by the DCJIS and
MGL c. 6, § 172, and only after a CORI acknowledgement form
has been completed.
B.Â
If a requestor is screening for the rental or leasing of housing,
a CORI acknowledgement form shall be completed for each and every
subsequent CORI check.
C.Â
A CORI acknowledgement form shall be completed on an annual basis
for checks submitted for any other purpose; provided, however, that
the requestor has adopted the language from the DCJIS CORI acknowledgement
form that notifies individuals that their CORI may be requested at
any time within the one year that the acknowledgement form is valid.
If the requestor has not adopted the DCJIS CORI acknowledgement form
language, then it must ensure that an acknowledgement form is completed
for each and every subsequent CORI check.
All CORI obtained from the DCJIS is confidential, and access
to the information must be limited to those individuals who have a
"need to know." This may include, but not be limited to, hiring managers,
staff submitting the CORI requests, and staff charged with processing
job applications. The Town of Northbridge must maintain and keep a
current list of each individual authorized to have access to, or view,
CORI. This list must be updated every six (6) months and is subject
to inspection upon request by the DCJIS at any time.
A.Â
An informed review of a criminal record requires training. Accordingly,
all personnel authorized to review or access CORI at the Town of Northbridge
will review, and will be thoroughly familiar with, the educational
and relevant training materials regarding CORI laws and regulations
made available by the DCJIS.
B.Â
Additionally, if the Town of Northbridge is an agency required by
MGL c. 6, § 171A, to maintain a CORI policy, all personnel
authorized to conduct criminal history background checks and/or to
review CORI information will review, and will be thoroughly familiar
with, the CORI policy.
A.Â
CORI used for employment purposes shall only be accessed for applicants
who are otherwise qualified for the position for which they have applied.
B.Â
Unless otherwise provided by law, a criminal record will not automatically
disqualify an applicant. Rather, determinations of suitability based
on background checks will be made consistent with this policy and
any applicable law or regulations.
A.Â
If a criminal record is received from the DCJIS, the information
is to be closely compared with the information on the CORI acknowledgement
form and any other identifying information provided by the applicant
to ensure the record belongs to the applicant.
B.Â
If the information in the CORI record provided does not exactly match
the identification information provided by the applicant, a determination
is to be made by an individual authorized to make such determinations
based on a comparison of the CORI record and documents provided by
the applicant.
In connection with any decision regarding employment, volunteer
opportunities, housing, or professional licensing, the subject shall
be provided with a copy of the criminal history record, whether obtained
from the DCJIS or from any other source, prior to questioning the
subject about it. The source(s) of the criminal history record is
also to be disclosed to the subject.
A.Â
If a determination is made, based on the information as provided in § 180-6 of this policy, that the criminal record belongs to the subject, and the subject does not dispute the record's accuracy, then the determination of suitability for the position or license will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following:
(1)Â
Relevance of the record to the position sought;
(2)Â
The nature of the work to be performed;
(3)Â
Time since the conviction;
(4)Â
Age of the candidate at the time of the offense;
(5)Â
Seriousness and specific circumstances of the offense;
(6)Â
The number of offenses;
(7)Â
Whether the applicant has pending charges;
(8)Â
Any relevant evidence of rehabilitation or lack thereof; and
(9)Â
Any other relevant information, including information submitted by
the candidate or requested by the organization.
B.Â
The applicant is to be notified of the decision and the basis for
it in a timely manner.
If an authorized official is inclined to make an adverse decision
based on the results of a criminal history background check, the applicant
will be notified in accordance with DCJIS regulations 803 CMR 2.18
and 2.19. The subject shall be provided with a copy of the organization's
CORI policy and a copy of the criminal history (unless a copy was
provided previously). The source(s) of the criminal history will also
be revealed. The subject will then be provided with an opportunity
to dispute the accuracy of the CORI record. Subjects shall also be
provided a copy of DCJIS' Information Concerning the Process
for Correcting a Criminal Record.
All CORI obtained from the DCJIS is confidential and can only
be disseminated as authorized by law and regulation. A central secondary
dissemination log shall be used to record any dissemination of CORI
outside this organization, including dissemination at the request
of the subject.