[HISTORY: Adopted by the Town of Georgetown 5-5-2014 Annual Town Meeting,
Art. 33. Amendments noted where applicable.]
A.
The Police Department shall, as authorized by Massachusetts General Law Chapter 6, Section 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals applying for the following licenses:
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 criminal history records and obtain the
individual's consent. The Police Chief shall periodically check
with the Executive Office of Public Safety and Security (EOPSS) to
ensure the Town remains in compliance with guidance issued by that
office.
C.
Upon receipt of the fingerprints and the appropriate fee, the Police
Department shall transmit the fingerprints it has obtained pursuant
to this bylaw to the Identification Section of the Massachusetts State
Police, the Massachusetts Department of Criminal Justice Information
Services (DCJIS), and/or the Federal Bureau of Investigation (FBI)
or the successors of such agencies as may be necessary for the purpose
of conducting fingerprint-based state and national criminal records
background checks of license applicants specified in this bylaw.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the
Federal Bureau of Investigation (FBI), and their successors, as may
be applicable, to conduct fingerprint-based state and national criminal
record background checks, including FBI records, consistent with this
bylaw. The Town authorizes the Police Department to receive and utilize
state and FBI records in connection with such background checks, consistent
with this bylaw. The state and FBI criminal history will not be disseminated
to unauthorized entities.
The Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town as listed. The Police Department
shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon his or her
suitability, or any felony or misdemeanor that involved force or threat
of force, controlled substances or a sex-related offense.
The Board of Selectmen is authorized to promulgate regulations
for the implementation of the proposed bylaw.
A.
Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal 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 this bylaw. A Town licensing authority
may deny an application for a license on the basis of the results
of a 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 an applicant's
suitability in making this determination.
B.
The Town or any of its officers, departments, boards, committees
or other licensing authorities is hereby authorized to deny application
for, including renewals and transfers thereof, for any person who
is determined unfit for the license, as determined by the licensing
authority, due to information obtained pursuant to this bylaw.
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 Massachusetts General Laws, Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town to be expended by the Police Department to help offset costs associated with the administration of the fingerprinting system.
This bylaw shall take effect upon approval by the Attorney General,
and compliance with the requirements of MGL c. 40, § 32.
