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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough 10-7-1996 by Ord. No. 96-6714C. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and Recreation Commission — See Ch. 19, Art. III.
Personnel — See Ch. 125.
A. 
The City Council finds that it is necessary and appropriate that any organization providing recreational or sporting activities for children within the City of Marlborough conduct criminal history background checks of its employees and/or volunteers who have supervisory or disciplinary control over minors.
B. 
The City Council also finds that children are vulnerable to adults having authority over them and that it is important for children to be protected and for parents to be better assured that children participating in recreational or sporting activities are protected.
As used in this chapter, the following terms shall have the meanings indicated:
CHILD/CHILDREN
A person or persons under 18 years of age.
Any organization which provides recreational or sporting activities for children and which employs or uses the services of employees and/or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children shall request from the Criminal History Systems Board a criminal history check of each volunteer or employee.
The provisions of this chapter shall not apply to:
A. 
Any organization which is licensed under federal or Massachusetts law and which, as part of the licensing procedure, is required to conduct criminal background checks of employees or volunteers;
B. 
Medical facilities;
C. 
Religious organizations, except in regard to activities that are predominantly recreational or sporting in nature; and
D. 
Any organization which is not authorized to receive criminal history checks from the Criminal History Systems Board.
Background checks must be completed at the time that an employee or volunteer begins to engage in activities regulated by this chapter.
A. 
An organization which is subject to the provisions of this chapter shall annually, on or before January 15, file with the Chief of Police:
(1) 
A copy of its written policy and procedure for conducting such criminal history checks, including provision to prevent improper disclosure or dissemination of an individual's criminal history.
(2) 
A statement, signed by the head of the entity or organization, certifying compliance with the provisions of this chapter.
B. 
An organization which is subject to the provisions of this chapter shall annually, at least 10 days prior to its first scheduled use of a municipal facility, file with the Chief of Police a statement, signed by the head of the entity or organization, certifying that it has complied with the provisions of § 288-3. The Chief of Police shall, in writing, notify the Director of Public Facilities, School Department and Parks and Recreation Commission of the receipt of such certification.
Annually, on or before February 1, the Chief of Police shall, in writing, provide the Director of Public Facilities, School Department and Parks and Recreation Commission with:
A. 
A list of organizations that have complied with the filing requirements of this chapter.
B. 
A list of organizations which are known not to be in compliance with the filing requirements of this chapter.
The Chief of Police or his designee may, after reasonable notice, inspect the relevant records of any organization which is subject to the provisions of this chapter for the purpose of determining the organization's compliance with such provisions.
An organization which is subject to the provision of this chapter shall be subject to a civil penalty of $100 for:
A. 
Failing to make the required annual filing with the Chief of Police.
B. 
Failing to conduct a required criminal history check on an employee or volunteer.
C. 
Failing, after reasonable notice, to permit the Chief of Police or his designee to inspect relevant records for the purpose of determining compliance with the provisions of this chapter.
An organization which is subject to the provisions of this chapter and which does not comply with any of the provisions of this chapter shall be denied the use of any municipal facility until in compliance.
Annually the Chief of Police shall conduct one or more training sessions to familiarize organizations and the public with the requirements of this chapter. Subject to the appropriation of necessary funding, such training session or sessions shall be advertised in a newspaper of general circulation in the community.
A. 
Recognizing the diverse and changing nature of organizations which may be subject to this Ordinance, the City Council hereby directs and authorizes the Chief of Police to, at least annually, develop reasonable regulations to determine:
(1) 
Which organizations are subject to the provisions of this chapter.
(2) 
Which employees or volunteers of such organizations are subject to the requirement of a background check.
B. 
In developing such regulations, consideration shall be given to the nature of the activities provided by the various organizations and the specific duties of the various employee or volunteer positions within an organization. Regulations developed under this section shall become effective following submission to and approval by the City Council.
[Added 4-14-1997 by Ord. No. 97-6921C]
A. 
Organizations.
(1) 
Organizations subject to provisions. Any public or private organization which, on a regular and continuing basis within the City of Marlborough, provides recreational or sporting activities to children and which is not made exempt by the provisions of 288-4 shall comply with all of the provisions of Chapter 288.
(2) 
Determination of exempt organizations. Any organization may submit a written request to the Chief of Police for a determination as to whether or not such organization is subject to the provisions of Chapter 288. In making such determination, the Chief of Police shall be strictly guided by the provisions of §§ 288-3 and 288-4 and the regulations of the Criminal History Systems History Board. The determination of the Chief of Police shall be reported, in writing, to the requesting organization.
B. 
Employees and volunteers.
(1) 
Employees and volunteers subject to provisions. Any employee or volunteer of an organization which is subject to the provisions of Chapter 288 shall be subject to the background check required by § 288-3 if the position held by the employee or volunteer involves:
(a) 
Regular and direct contact with children; and
(b) 
Either of the following factors:
[1] 
The opportunity for actual unsupervised contact with children; or
[2] 
Authority, real or apparent, to arrange the opportunity for unsupervised contact with children.
(2) 
Determination of exempt employees or volunteers. Any organization may submit a written request to the Chief of Police for a determination as to whether or not an employee or volunteer position within such organization is subject to the provisions of Chapter 288. In making such determination, the Chief of Police shall be strictly guided by the provisions of §§ 288-3 and 288-4 and the regulations of the Criminal History Systems History Board. The determination of the Chief of Police shall be reported, in writing, to the requesting organization.