[Adopted 6-2-2015 by Doc. 71]
To protect the health, safety, and welfare of the inhabitants of the City of Haverhill, and as authorized by MGL c. 6, § 172B1/2, this article requires:
Applicants for certain City licenses permitting the engagement in specific occupational activities within the City of Haverhill as enumerated in § 191-23 to submit to fingerprinting by the Haverhill Police Department;
The Haverhill Police Department to conduct criminal record background checks based on such fingerprints; and
The City of Haverhill to consider the results of such background checks in determining whether or not to grant a license.
The City of Haverhill authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS) and the Federal Bureau of Investigation (FBI) as may be applicable to conduct on behalf of the City of Haverhill and its Police Department fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this article. The City of Haverhill authorizes the Police Department to receive and utilize FBI records in connection with such background checks, consistent with this article.
Any applicant for a license to engage in any of the following occupational activities within the City of Haverhill shall submit a full set of fingerprints taken by the Haverhill 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 suitability of the applicant for the license:
At the time of fingerprinting, the Haverhill Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's FBI and other criminal history records.
The Police Department shall transmit fingerprints it has obtained pursuant to § 191-23 of this article to the Identification Section of the Massachusetts State Police, DCJIS and/or the FBI as may be necessary for the purpose of conducting fingerprint-based state and national criminal record checks of license applicants specified in § 191-23.
An applicant may request, in writing, and receive a copy of his or her criminal history records from the Police Department. Should an applicant wish to correct or amend the information contained in it, he or she will be directed to the DCJIS for state records and the FBI for national records.
The City of Haverhill Police Department shall communicate the results of the fingerprint-based criminal record background checks to the applicable licensing authority within the City. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon the applicant's suitability, or any felony or misdemeanor involving the use of force or the threatened use of force, controlled substances or a sex-related offense.
Licensing authorities of the City of Haverhill shall utilize the results of fingerprint-based criminal history 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 § 191-23. A City of Haverhill licensing authority may deny any application for a license on the basis of the results of the fingerprint-based criminal record background check, if the licensing authority, in its sole discretion, 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 City policies bearing on the 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 or failed to do so.
Implementation of this article and the conducting of fingerprint-based criminal record background checks by the City of Haverhill shall be in accordance with all applicable laws, regulations, and City policies, which shall include record retention and confidentiality requirements. The City of Haverhill shall not disseminate the results of fingerprint-based criminal record background checks except as may be provided by law, regulation, and City policy. The City of Haverhill shall not disseminate criminal record information to unauthorized persons or entities.
The fee charged by the Haverhill Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be a total of $100. A portion of the fee, as specified in MGL c. 6, § 172B1/2, shall be deposited into the Firearms Fingerprint Identity Verification Fund, and the remainder of the fee may be retained by the City of Haverhill for costs associated with the administration of the fingerprinting system.
Further, the City Council hereby adopts the following Civil Fingerprinting Policy for Municipal Licensing Applicants by the City of Haverhill, Massachusetts, for the purpose of conducting state and national criminal history screening of applicants for the above-referenced municipal licenses as follows.
Editor's Note: Said policy is included as an attachment to this chapter.