[HISTORY: Adopted by the Town of Sterling 5-2-2016 ATM by
Art. 11, approved 7-29-2016. Amendments noted where applicable.]
A.
This bylaw authorizes the Police Department to conduct state and
national fingerprint-based criminal history checks for individuals
applying for specific licenses in Town to enhance public safety, as
authorized by MGL c. 6, § 172B 1/2. To carry out the criminal
history checks authorized by this bylaw, the Police Department shall
be authorized to use state and Federal Bureau of Investigation ("FBI")
records; provided, however, that such records shall not be disseminated
to unauthorized entities and shall be maintained and disclosed in
accordance with all applicable law.
B.
The bylaw further authorizes the Select Board, in consultation with
the Chief of Police, to promulgate policies and procedures to implement
this bylaw, which may include, but shall not be limited to, establishment
of submission deadlines, procedures for making recommendations to
the licensing authority or making a licensing as a result of the criminal
history check, procedures for assessing, correcting or amending any
such record, criteria for fitness determinations, security of information
obtained and penalties for failure to comply with this bylaw.
A.
The Police Department shall, as authorized by MGL c. 6, § 172B
1/2, conduct state and federal fingerprint-based criminal history
checks for individuals and entities for the following licenses. 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 Sterling 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 following licenses:
B.
At the time of fingerprinting, the Police Department shall notify
the individual being fingerprinted that the fingerprints will be used
to check the individual's criminal history records and obtain the
individual's consent. After the applicant completes a consent form,
provides his/her fingerprints and the appropriate fee, the Police
Department shall transmit the fingerprints it has obtained pursuant
to this bylaw to the Identification Section of the Massachusetts State
Police, the Massachusetts Department of Criminal Justice Information
Services ("DCJIS"), and/or the FBI or the successors of such agencies
as may be necessary for the purpose of conducting fingerprint-based
state and national criminal records background checks for the license
applicants specified in this bylaw.
C.
The Town authorizes the Massachusetts State Police, the DCJIS and
the FBI and their successors, as may be applicable, to conduct fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this bylaw. The Town authorizes the Police
Department to receive and utilize state and FBI records in connection
with such background checks, consistent with this bylaw and its implementing
regulations. In accordance with its implementing regulations, the
Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town.
A.
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 this bylaw. 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 licensed activity. The licensing authority shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
B.
Licensing authorities of the Town are hereby authorized to deny an
application for any license specified herein and in the implementing
regulations, including renewals and transfers of said licenses, from
any person who is determined unfit for the license due to information
obtained pursuant to this bylaw. Factors that shall be considered
in making a determination of fitness shall include, but not be limited
to, whether the record subject has been convicted of, or is under
pending indictment for, a crime that bears upon the subject's ability
or fitness to serve in that capacity, including any felony or a misdemeanor
that involved force or threat of force, possession of a controlled
substance, or sex-related offense.
Implementation of this bylaw 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, including,
but not limited to, the Town's policy applicable to licensing-related
criminal record background check, which shall include record retention
and confidentiality requirements. The Town shall not disseminate the
results of fingerprint-based criminal background checks except as
may be provided by law, regulation, and Town policy. 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 $100 for each fingerprinting and criminal history check. A portion
of the fee, as specified in MGL 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.
This bylaw shall take effect after compliance with MGL c. 40,
§ 32, has been met.