[HISTORY: Adopted by the Annual Town Meeting of the Town
of Wakefield 5-14-2012 by Art. 12. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 142.
A.
In order to protect the health, safety and welfare of the inhabitants
of the Town of Wakefield, and as authorized by MGL c. 6, § 172B1/2,
this chapter shall require:
(1)
Applicants for certain Town licenses permitting the conduct of specific occupational activities within the Town as enumerated in § 143-2, below, to submit to fingerprinting by the Wakefield 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 (the "DCJIS") and
the Federal Bureau of Investigation (the "FBI") as may be applicable
to conduct on behalf of the Town and its Police Department fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this chapter. The Town authorizes the
Police Department to receive and utilize records of the State Police,
the DCJIS and the FBI in connection with such background checks, consistent
with this chapter.
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 Wakefield 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:
[Amended 5-8-2021 ATM by Art. 10]
B.
At the time of fingerprinting, the Police Department shall notify
each individual who is fingerprinted that his or her fingerprints
will be used to check such individual's FBI and state criminal history
records.
A.
The Police Department shall transmit fingerprints it has obtained pursuant to § 143-2 of this chapter to the Identification Section of the Massachusetts State Police, the 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 the said section.
B.
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 Part 16.34 pertaining to FBI identification records.
In no event shall the Police Department render a suitability evaluation
pursuant to the subsection below until it has taken the steps detailed
in this subsection and otherwise complied with any other procedures
required by any Town policy applicable to licensing-related criminal
record background checks.
C.
The Police Department shall 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 the threat of force, controlled substances or a sex-related
offense.
[Amended 4-29-2019 ATM by Art. 25]
[Amended 4-29-2019 ATM by Art. 25; 11-5-2018 RTM by Art. 20]
Prior to considering an application for any of the licenses enumerated in § 143-2A, above, the licensing authority shall receive and review the results of the applicant's fingerprint-based criminal record background check and the Police Department's evaluation of the applicant's suitability, provided that the same are transmitted to the licensing authority within 30 days after the filing of the application. If the same are not furnished within that period of time, then the licensing authority shall have discretion either to proceed in acting on the application without such information or to continue to await such information, provided that the licensing authority shall in all events consider and act on each application prior to the expiration of any applicable statutory deadlines.
[Amended 11-5-2018 RTM
by Art. 17]
Implementation of this chapter 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. The Town
Council is authorized to promulgate regulations for the implementation
of this chapter. 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. A portion of the fee, as specified in MGL c. 6, § 172B1/2,
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.
