[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as amended 11-18-2013 STM by Art.
16. Subsequent amendments noted where applicable.]
In order to protect the health, safety and welfare of the inhabitants of the Town of Dedham, and as authorized by G.L. c.6, § 172B 1/2, this By-law shall require (a) applicants for certain Town licenses permitting the conduct of specific occupational activities within the Town as enumerated in Section § 42-2, below, to submit to fingerprinting by the Dedham Police Department, (b) the Police Department to conduct criminal record background checks based on such fingerprints, and (c) the Town to consider the results of such background checks in determining whether or not to grant a license.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (the "DCJIS") and
the Federal Bureau of Investigation (the "FBI") as may be applicable
to conduct on behalf of the Town and its Police Department fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this By-law. The Town authorizes the
Police Department to receive and utilize records of the State Police,
the DCJIS and the FBI in connection with such background checks, consistent
with this By-law.
Any applicant for a license to engage in any of the following
occupational activities within the Town shall submit a full set of
fingerprints taken by the Dedham Police Department within 10 days
of the date of the application for a license for the purpose of conducting
a state and national criminal record background check to determine
the suitability of the applicant for the license:
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Hawker and Peddler
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Liquor Licensee
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Manager or Alternate Manager of a Liquor Licensee
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Solicitors and Canvassers
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Dealers in Junk, Second-Hand Articles and Antiques
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Second-Hand Motor Vehicle Dealer
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Hackney Carriage (Taxi) Operator
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Ice Cream Truck Vendor
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At the time of fingerprinting, the Police Department shall notify
each individual who is fingerprinted that his or her fingerprints
will be used to check such individual's FBI and state criminal history
records.
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The Police Department shall transmit fingerprints it has obtained pursuant to § 42-2 of this Bylaw to the Identification Section of the Massachusetts State Police, the DCJIS and/or the FBI as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in the said section.
The Police Department shall provide the applicant with a copy
of the results of his or her fingerprint-based criminal record background
check and supply the applicant the opportunity to complete, or challenge
the accuracy of, the information contained in it, including in the
FBI identification record. The Police Department shall also supply
applicants with information regarding the procedures for obtaining
a change, correction or updating of a criminal record, including a
copy of 28 CFR Part 16.34 pertaining to FBI identification records.
In no event shall the Police Department render a suitability evaluation
pursuant to the paragraph below until it has taken the steps detailed
in this paragraph and otherwise complied with any other procedures
required by any Town policy applicable to licensing-related criminal
record background checks. The Police Department shall communicate
the results of fingerprint-based criminal record background checks
to the applicable licensing authority within the Town. The Police
Department shall in addition render to the licensing authority its
evaluation of the applicant's suitability for the proposed occupational
activity based upon the results of the criminal records background
check and any other relevant information known to it. In rendering
its evaluation, the Police Department shall consider all applicable
laws, regulations and Town policies bearing on an applicant's suitability.
The Police Department shall indicate whether the applicant has been
convicted of, or is under pending indictment for, a crime that bears
upon his or her suitability, or any felony or misdemeanor that involved
force or the threat of force, controlled substances or a sex-related
offense.
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in § 42-2, above. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. The licensing authority shall not deny a license based on information in a criminal record unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
Implementation of this By-law and the conducting of fingerprint-based
criminal record background checks by the Town shall be in accordance
with all applicable laws, regulations and Town policies. The Board
of Selectmen is authorized to promulgate regulations for the implementation
of this By-law. The Town shall not disseminate criminal record information
received from the FBI to unauthorized persons or entities.
The fee charged by the Police Department for the purpose of
conducting fingerprint-based criminal record background checks shall
be $50. A portion of the fee, as specified in G.L. c.6, § 172B
1/2, shall be deposited into the Firearms Fingerprint Identity Verification
Trust Fund, and the remainder of the fee may be retained by the Town
for costs associated with the administration of the fingerprinting
system.
