[HISTORY: Adopted by the Town Meeting of the Town of North
Andover. Amendments noted where applicable.]
A.
In order to protect the health, safety, and welfare of the inhabitants
of the Town of North Andover, and as authorized by Chapter 256 of
the Acts of 2010, this bylaw shall require:
(1)
Applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town, as enumerated in § 80-2 below, to submit to fingerprinting by the North Andover Police Department;
(2)
The Police Department to conduct criminal record background checks
based on such fingerprints; and
(3)
The Town to consider the results of such background checks in determining
whether or not to grant a license.
B.
The Town 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 the behalf of the Town and its Police Department 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 FBI records in connection with such
background checks, consistent with this bylaw.
A.
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 North Andover 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:
B.
At the time of fingerprinting, the Police Department shall notify
the individuals fingerprinted that the fingerprints will be used to
check the individual's FBI criminal history records.
A.
The Police Department shall transmit fingerprints it has obtained pursuant to § 80-2 of this bylaw 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 records background checks of license applicants specified in § 80-2.
B.
As further detailed in the Town's policy applicable to Town licensing-related criminal record background checks, 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 16.34 pertaining to FBI identification records. In no event shall the Police Department render a suitability evaluation pursuant to Subsection C below until it has taken the steps detailed in this subsection and otherwise complied with the Town's policy applicable to Town licensing-related criminal record background checks.
C.
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 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 § 80-2. 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 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 checks. 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 set by the Board of Selectmen. 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.
