As used in this chapter, the following terms
shall have the meanings indicated:
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;
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.
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.
[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.