[Adopted 7-25-2011 by Ord. No. 2011-010]
To accept Section 23 Chapter 256 Acts of 2010 incorporated into the Massachusetts General Laws as Chapter 6, Section 172B 1/2, to create the following ordinance, enabling the Randolph Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for or in possession of certain licenses.
Those licenses shall be as follows: and may be amended from time to time by a majority vote of the Randolph Town Council:
Any applicant, licensee, employee, or volunteer seeking the privilege of the use of any one (1) or more of the above licenses shall submit to having a set or sets of fingerprints taken by the Randolph Police Department along with a fee of sixty dollars ($60) to the Randolph Police Department.
Upon receipt of the fingerprints and the fee, the Randolph Police Department will submit those prints and conduct State and Federal record checks. Those checks will include at a minimum a Massachusetts check through the Department of Criminal Justice Information Services (DCJIS) and the Federal Bureau of Investigation (FBI). Should it be determined by the Randolph Police follow-up may be made to any of the fifty (50) States, territories and possessions and Interpol as may be required.
The Police Department shall make a recommendation to the Town Council and the Applicant as to the individual's fitness to obtain a license, in rendering fitness, the Police Department will determine if the subject has been convicted of (or is under pending indictment for) a crime which bears upon his/her ability or fitness to hold said license; this shall include any felony or misdemeanor.
Should that recommendation be in the negative, the applicant shall have the opportunity to be informed of the information received from his/her criminal history used to make such determination from the Randolph Police Department. If the Applicant disputes said record, they may have the opportunity to correct said record by contacting the CHSB, DCJIS, FBI or other submitting agency. In the case of a pending negative recommendation, the Applicant may request a review before the Police Chief, Chair of the Public Safety Committee of the Council and the Town Attorney to vet the merits of the Applicant's argument.
All existing licensees that have been permitted before September 1, 2011 shall be required to come into compliance with this ordinance by September 1, 2014. Failure to comply may be cause to not renew said license.
The Police Chief and the Town Manager shall be charged with adopting policies and procedures to effectuate the purpose of this Ordinance and may amend said policies and procedures from time to time.
Note: If a "Manager" or "Licensee" shall change during the life of the license that individual shall be required to conform to this ordinance.