Town of Agawam, MA Chapter 91 Criminal Record Background Checks

[HISTORY: Adopted by the Town Council of the Town of Agawam 4-21-2015 by TOR-2015-4.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance was adopted as Ch. 178 but was renumbered to maintain the alphabetical organization of the Code.

§ 91-1 Purpose and authorization.

A. In order to protect the health, safety, and welfare of the inhabitants of the Town of Agawam, and as authorized by M.G.L. c. 6, § 172B1/2, this chapter shall require:

(1) Applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town as enumerated in § 91-2 below to submit to fingerprinting by the Agawam 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 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 FBI records in connection with such background checks, consistent with this chapter.

C. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (EOPSS) to determine if there have been any updates or changes in the procedure for obtaining criminal history information, to verify that the Town of Agawam remains in compliance with those procedural requirements.

§ 91-2 Submission of applicants to fingerprinting.

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 Agawam 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 suitability of the applicant for the license:

(1) Manager of alcoholic beverage license.

(2) Peddling and soliciting.

(3) Owner or operator of taxi service.

(4) Dealer of secondhand articles.

(5) Ice cream truck vendor.

B. At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's FBI criminal history records.

§ 91-3 Processing of background checks; communication of results.

A. The Police Department shall transmit fingerprints it has obtained pursuant to § 91-2 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 record checks of license applicants specified in § 91-2.

B. An applicant may request and receive a copy of his or her criminal history records from the Police Department. Should an applicant wish to correct or amend the information contained in it, he or she will be directed to the DCJIS for state records and the FBI for national records.

C. The Police Department shall communicate the results of the fingerprint-based criminal record background checks to the applicable licensing authority within the Town. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon the applicant's suitability, or any felony or misdemeanor involving the use of force or the threatened use of force, controlled substances or a sex-related offense.

§ 91-4 Reliance on results.

Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history 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 § 91-2. A Town licensing authority may deny any application for a license on the basis of the results of the 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 the 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.

§ 91-5 Compliance with law, regulation and Town policy.

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, which shall include record retention and confidentiality requirements. The Town shall not disseminate the results of fingerprint-based criminal record background checks except as may be provided by law, regulation, and Town policy. The Town shall not disseminate criminal record information to unauthorized persons or entities.

§ 91-6 Fees.

The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be $75. A portion of the fee, as specified in M.G.L. c. 6, § 172B1/2, shall be deposited into the Firearms Fingerprint Identity Verification Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system.