HomeMy WebLinkAbout2012-04-30 Annual Town Meeting MinutesANNUAL TOWN MEETING
Reading Memorial High School April 30, 2012
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:36 PM, there being a quorum
present. The meeting began with the Pledge of Allegiance to the Flag. All newly elected and appointed
Town Meeting Members were sworn in by the Moderator.
Motion made by Erin Calvo -Bacci to take Article 21 out of order
Motion to move out of order Carried
ARTICLE 21 Erin Calvo -Bacci moved to Indefinitely Postpone Article 21
Motion to Indefinitely Postpone Carried
ARTICLE 14 James Bonazoli, Board of Selectmen moved to see what sum the Town will vote to
appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44,
Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy,
or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90,
Massachusetts General Laws, or take any other action with respect thereto.
Background: The purpose of this Article is to make Chapter 90 funds for road improvements available to
the Town for expenditure. The Article authorizes expenditures upon receipt of the grant. The FY 2013
Chapter 90 allocation is anticipated to be 605 3.012, slightly more than the $597,663 for FY 2012. At the
time of printing of this warrant, the state was just beginning to approve a multi -year Chapter 90 bond
authorization, and the total state -wide FY 2013 appropriation in the proposed bond bill is expected to be
$200 million, the same as for FY 2012.
Finance Committee Report - given by Mark Dockser: At its March 28, 2012 meeting, the Finance
Committee voted to recommend the subject matter of Article 14 by a vote of 7 -0 -0. We vote at town
meeting each year to approve the acceptance and use of these funds for road improvements from the
State, the only issue being the precise sum of money available from the state. Though the final allocation
for FY13 for Reading was not known as of this vote, barring any new or different contingencies placed by
the State on the funds, the committee believes that that the town should accept whatever level of funding
is offered. On April 11, 2012 the Finance Committee voted 5 -0-0 to recommend the House budget
figure of $603,012.
Bylaw Committee Report: No report.
Presentation given by:
• George Zambouras - See Attached
After discussion among Town Meeting Members
Motion Carried
ARTICLE 15 Ben Tafoya, Board of Selectmen moved to Indefinitely Postpone Article 15
Motion to Indefinitely Postpone Carried
ARTICLE 16 John Arena, Board of Selectmen moved to see if the Town will vote to authorize the
Board of Selectmen to grant an easement to Northern Bank and Trust for placement of an ATM machine
in the Town owned parking area between Woburn Street and Haven Street in accordance with a plan
titled "ATM Kiosk Easement Exhibit Plan ", dated Feb, 24, 2012 prepared by Allen & Major Associates,
Inc.; and, further, to see if the Town will vote to authorize the Board of Selectmen to acquire an easement
for driveway purposes between Haven Street and the parking area from Northern Bank and Trust
in accordance with a plan titled "Access Easement Exhibit Plan ", dated Feb, 24, 2012 prepared by Allen &
Major Associates, Inc.;
or take any other action related thereto.
Background: The CPDC is considering site plan approval for the renovations to the MF Charles building.
At its meeting on April 2, 2012 the CPDC approved the site plan, leaving 2 options for the ATM kiosk
depending upon Town Meeting action on this article.
The project to redevelop this property has been long awaited since the building was sold about five years
ago. One of the opportunities which presents itself is the establishment of two way vehicular access from
Haven Street, an improvement to the circulation to the municipal parking lot which has been envisioned in
the Master Plan and parking studies for a number of years. This is a unique one time opportunity to
establish that access as part of the planning approval for his project.
The renovation of the MF Charles building will include a new bank — the owner of the building also owns
Northern Bank and Trust. In lieu of the drive through window that has existed along the driveway on the
side of the MF Charles building for years, the owner is willing to give the Town an easement over the
entire 24 foot driveway, and in exchange the bank would receive an access easement over the municipal
parking lot and for the ATM kiosk.
The plan below shows both easements. This can be accomplished with no loss of parking, and with full
use of the municipal parking lot (the bank drive -up kiosk has a "bypass" lane for through traffic). An added
benefit to the project will be site lighting and some much needed landscaping within the municipal lot.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
Bill Brown, Precinct 6 moved to Indefinitely Postpone Article 16
2/3 Vote required
Declared unanimous by Moderator
161 Town Meeting Members in Attendance
Motion to Indefinitely Postpone Article 16 Carried
ARTICLE 17 Steve Goldy, Board of Selectmen moved to see if the Town will vote to authorize the
Board of Selectmen, upon approval of the Conservation Commission, to obtain a utility easement for the
construction, maintenance, repair and operation of utilities over, across and upon a certain portion of land
in the Town of Reading held by it for conservation purposes pursuant to a plan entitled "Belmont Street to
Ivy Street Utility Easement" prepared by the Department of Public Works Engineering Division and dated
March 5, 2012;
James Bonazoli, Board of Selectmen moved to dispense with the reading of the motion
Motion to Dispense Carried
and, further, to see if the Town will authorize, empower and direct the Selectmen and the Conservation
Commission, to execute, acknowledge and deliver in the name and on behalf of said Town such deeds or
other instruments as may be necessary or proper in connection therewith, such deeds or other
instruments to be in such form and upon such terms as the Selectmen may deem proper; and, further,
that the Town authorize the Selectmen and Conservation Commission to petition the General Court to
adopt such legislation as may be necessary to carry out the purpose of this vote, or take any other action
with respect thereto.
Backaround: Over the past several years the Town has continuously made strides to upgrade and
rehabilitate the Town's water distribution system as recommended in the 2001 study, performed by
Weston and Sampson Engineering. These upgrades help to address poor fire flows, water quality and
pressure loss due to undersized or deteriorated mains. In the study the Libby Avenue area was found to
have deficient fire flows, providing only 20% of the recommend fire flows. The installation of a new water
main connecting the end of Ivy Street to Belmont Street will eliminate a major dead end in the water
distribution system; and improve fire flows and water quality to the area.
The proposed B" water main looping Ivy Street to Belmont Street will be cement lined ductile iron pipe
approximately 850 feet in length. Approximately 700 feet of the proposed water main will be installed
through Town property paralleling the current sewer main which was installed in 1976. The property
through which the easement is needed consists of 2 parcels that were taken by the Town for conservation
purposes in 1972 and 1974. During a deed research of the Town owned land it was determined that no
rights have been reserved for a utility easement.
The purpose of this article is to authorize the Selectmen to create a thirty (30) foot wide utility easement
to permit the proper installation, maintenance and repair of the Town's utilities over conservation
controlled Town owned land. The Article will further authorize the Town to request the General Court to
adopt legislation as may be necessary to carry out the authorization of the easement.
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Finance Committee Report: No report.
Bylaw Committee Report: No report.
2/3 Counted Vote Required
146 Voted in the affirmative
0 Voted in the negative
161 Town Meeting Members in Attendance
Motion Carried
ARTICLE 18 Motion made by John Lippitt, Precinct 7 to see if the Town will adopt the following
resolution:
We, the voters at the 2012 Annual Town Meeting of the Town of Reading, affirm our belief that the
First Amendment to the United States Constitution was designed to protect the free speech rights of
people, not corporations.
The United States Supreme Court's 2010 decision in Citizens United v. Federal Election
Commission overturned longstanding precedent prohibiting corporations and unions from spending
their general treasury funds in public elections. We believe that the ruling created a serious and
direct threat to our democracy and the conduct of free and fair elections, by permitting corporations
and others to drown out the voices of ordinary persons. Already we have seen our political process
flooded with newly unleashed corporate and other money, resulting in historically unprecedented
campaign expenditures.
The people of the United States have previously used the Constitutional Amendment process to
correct decisions of the United States Supreme Court that invade or invalidate democratic
institutions, including elections.
NOW, THEREFORE, BE IT RESOLVED THAT WE, THE VOTERS AT THE 2012 ANNUAL TOWN
MEETING OF THE TOWN OF READING, CALL UPON THE UNITED STATES CONGRESS TO
PASS AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT
TO RESTORE THE FIRST AMENDMENT AND FAIR ELECTIONS TO THE PEOPLE, AND
FURTHER, WE CALL UPON THE MASSACHUSETTS GENERAL COURT TO PASS ONE OR
MORE RESOLUTIONS ASKING FOR THOSE ACTIONS.
The Town Clerk of the Town of Reading shall send a copy of this resolution to the state and federal
representatives and senators serving the Town of Reading, and to the Governor of the Commonwealth of
Massachusetts and the President of the United States, and take any other appropriate action relative
thereto.
Or take any other action with respect thereto
Backaround: A little more than two years ago, the U.S. Supreme Court made a precedent- breaking
decision. In a five -to -four vote on a case called Citizens United v. Federal Election Commission (Citizens
United for short), the court ruled that corporations and unions have the same rights to freedom of speech
as U.S. citizens under the Bill of Rights. The court expanded on previous rulings that said that spending
money to deliver a political message counts as speech. It held, for the first time, that corporations have
the right to spend unlimited corporate funds to support or oppose candidates for elected office. This
overturned the 1907 law banning corporate contributions signed by President Theodore Roosevelt, who
said, "All contributions by corporations to any political committee or for any political purpose should be
forbidden by law."
WHAT DOES THIS TOWN MEETING RESOLUTION DO?
The resolution presented here to Town Meeting states that:
• Free speech rights belong to people not corporations or other organizations, and
• Unlimited spending by corporations and others in our elections presents a real danger to our
democracy because corporations and others with wealth can drown out the voices and interests
of all of us ordinary citizens.
This resolution calls:
• On Congress to pass an amendment to our Constitution to clearly establish that money is not the
same as speech, and that human beings, not corporations, are entitled to constitutional rights
such as free speech, and
• On our State Legislature to pass a resolution supporting a Constitutional amendment. Such a
resolution, Senate Bill 772, is being considered by the Legislature. It had a hearing on February
28"' and a committee vote is expected to have occurred by March 21.
WHO ELSE SUPPORTS OVERTURNING CITIZENS UNITED?
Fifteen cities or towns in Massachusetts, including Boston, and hundreds of communities across the
United States have passed similar resolutions calling for a Constitutional amendment to overturn Citizens
United, including Los Angeles, New York, and the 55 VT towns that passed resolutions on March 6. At
least two state legislatures (HI & NM) have passed such resolutions and a number of state legislatures
are considering them.
Citizens all across the country have concluded that unlimited campaign spending by corporations and
wealthy individuals means that our elections will not be a fair fight. Democracy's foundation, government
of, by, and for the People, is undermined by the influence of money on elections and government
decision - making. If, as Citizens United asserts, money equals speech, then those with more money have
louder voices and those with no money have no voice. This flies in the face of the principles of our
democracy and the Constitution that our founders wrote.
Over 200 groups have formed a loose coalition working to overturn Citizens United, including Move to
Amend, Common Cause, the National Lawyers Guild, the Unitarian Universalist Association, and
Veterans for Peace. The Montana Supreme Court upheld the state's 1912 law limiting corporate spending
in campaigns, despite a lower court ruling that Citizens United had invalidated the law in question. The
2nd U.S. Circuit Court of Appeals similarly upheld a New York City law that places limits on political
contributions.
WHY IS OVERTURNING THE CITIZENS UNITED DECISION SO IMPORTANT?
With the 2012 election season underway, the consequences of the Citizens United decision are becoming
clearer by the day. Some wealthy individuals and corporations are already contributing millions of dollars
to Super PACs, which have already spent over $40 million in the Republican presidential primaries. The
amount spent to date is a drop in the bucket compared to the hundreds of millions of dollars that these
Super PACs have stated they will raise and spend during the entire 2012 election period.
The unleashing of corporate funds has dramatically expanded possible election spending and, therefore,
concerns that elected officials will be more responsive to contributors and their money than to
constituents. The Open Secrets project at the Center for Responsive Politics calculated that even before
Citizens United roughly 72% ($3.4 billion) of all campaign contributions in 2007 -2010 came from the
business sector (individuals and organizations), with labor contributing 4% ($172 million), ideological
groups 7% ($308 million), and others 17 %. Now we can expect even greater business sector dominance.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
Presentation given by:
• John Lippitt — See Attached
After extensive discussion a motion was made by Elaine Webb, Precinct 1 to move the question.
213 Vote Required
130 Voted in the affirmative
18 Voted in the negative
161 Town Meeting Members in Attendance
Motion to Move Question Carried
Fred Van Magness, Precinct 8 moved to Indefinitely Postpone Article 18
2/3 Vote required
Declared Unanimous by Moderator
161 Town Meeting Members in Attendance
Question of count made by Thomas Ryan, Precinct 1
2/3 Counted Vote
101. Voted in the affirmative
41 Voted in the negative
161 Town Meeting Members in Attendance
Motion to Indefinitely Postpone Article 18 Does Not Carry
Main Motion Carried
ARTICLE 19 Ben Tafoya, Board of Selectmen moved to see if the Town will vote to approve an
Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN
ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST
FUND ", or take any other action with respect thereto.
Backaround: The purpose of this Article is to approve an Affordable Housing Trust Fund Allocation Plan
approved by the Board of Selectmen. Chapter 140 of the Acts of 2001 authorized the Town of Reading to
establish an Affordable Housing Trust Fund (AHTF).
• "The Town of Reading may establish a separate fund to be known as the Affordable Housing
Trust Fund for the purpose of creating or preserving affordable housing ... for the purpose of
creating, maintaining or operating affordable housing."
• The AHTF may "develop new or rehabilitate existing dwelling units for purchase or rental by low
and moderate income housing purchasers or tenants;"
"Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to
Town Meeting at the Annual Town Meeting, and approved by Town Meeting."
• "all expenditures from the fund.... shall be in accordance with the allocation plan and approved
by a majority vote of the full combined memberships of the Board of Selectmen and the Reading
Housing Authority."
The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend
funds on affordable housing. The current balance is $259,077. Funds have been accumulated over the
years as funds were secured for the purpose by the CPDC, and funds deposited in one instance when an
existing affordable unit was no longer able to be kept affordable after efforts were made to do so. There
are no Town tax generated funds in the AHTF. The only expenditure to date from the AHTF is an amount
of $200,000 for Oaktree development to provide an additional 3 affordable housing units. That sum is in
escrow and by the fall of 2012 the Town will know whether any or all of it has been utilized. Pending that
information, the Board of Selectmen has indicated that it may ask to transfer funds from the 40R
payments to the Affordable Housing Trust Fund next fall.
Under Article 6 of this Annual Town Meeting, approval was received for hiring a consultant to update the
Town's Housing Plan, including the 5 year "Housing Production Plan ". This effort is important as a
defense against unfriendly 40B developments in the community, and requires the Town to develop a
phased plan to produce housing to reach the 10% threshold as required by the 40B statute. As part of
these planning efforts, the Town will evaluate how the AHTF can best be used to support the "Planned
Production" goals of the Housing Plan, and it is expected that at the 2013 Annual Town Meeting the
Affordable Housing Allocation Plan will be Fleshed out in better detail, although it is important that the plan
remain as flexible as possible to enable the Town to respond to opportunities as they arise.
An additional initiative that is being considered is to join a regional consortium which would assist the
member communities in monitoring and administering the Town's responsibilities for the various
affordable housing developments that exist and will be developed in the future, to maintain the affordable
units that the Town has worked so hard to create. This would be a potential use of the "Administrative"
monies designated by the Affordable Housing Allocation Plan.
At it's meeting on March 27, 2012, the Board of Selectmen voted to approve the following as the FY 2013
Affordable Housing Trust Fund Allocation Plan:
Housing Trust Fund Allocation Plan
March 27, 2012
Pursuant to Article 19 of the 2012 Annual Town Meeting, an Affordable Housing Trust Fund Allocation
Plan for the Fiscal Year 2013 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as
follows:
Available Balance — Unrestricted Funds: $ 259,077
Available Balance — Restricted Funds $ 0
Unrestricted funds shall be used for the following purposes:
$5,000 or a maximum of 2% for administration of Affordable Housing
Remainder for constructing affordable housing (including loan and grant programs);
or for maintaining and improving affordability of existing housing stock; or
for the purchase of existing housing stock to add it to or maintain it as a
part of the existing affordable housing inventory
Finance Committee Report - given by Mark Dockser: At its March 14, 2012 meeting, the Finance
Committee voted to recommend the subject matter of Article 19 by a vote of 7 -0. The allocation plan
though sparse in detail will be more fully developed in the upcoming fiscal year with the assistance of a
consultant hired by the Board of Selectmen and the Reading Housing Authority to develop a more
complete Housing Plan for the town. We believe that in order to support the goals of the Affordable
Housing Trust Fund, the allocation plan must be flexible and allow for entering into agreements during the
upcoming fiscal year as opportunities arise. We believe that the provisions of the AHTF provide a fiscally
responsible mechanism for approving the use of funds, with a majority vote of the combined
memberships of the Board of Selectmen and Reading Housing Authority required for all expenditures.
Bylaw Committee Report: No report.
Motion Carried
ARTICLE 20 John Arena, Board of Selectmen moved to see if the Town will vote to add section 5.4 to
the Town of Reading General Bylaw as follows
Steve Goldy, Board of Selectmen moved to dispense with the reading of the motion
Motion to Dispense Carried
5A Criminal History Check Authorization
5.4.1 Fingerprint Based Criminal History checks The Police Department shall, as authorized by
Massachusetts General Laws Chapter 6, Section 172 B 112, conduct Stale and Federal
Fingerprint Based Criminal History checks for individuals applying for the following licenses:
• Hawking and Peddling or other Door -to- Door Salespeople, (Police Chief)
• Manager of Alcoholic Beverage License (Board of Selectmen)
• Owner or Operator of Public Conveyance (Board of Selectmen)
• Dealer of Second -hand Articles (Board of Selectmen)
• Hackney Drivers, (Board of Selectmen)
• Ice Cream Truck Vendors (Board of Health)
5.4.1.1 Notification 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. The Police Chief shall periodically check with the Executive Office of Public
Safety and Security ( "EOPSS ") which has issued an Informational Bulletin which explains the
requirements for town by -laws and the procedures for obtaining criminal history information, to
seed there have been any updates to be sure the Town remains in compliance.
5.4.1.2 State and national criminal records background checks Upon receipt of the
fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has
obtained pursuant to this by -law 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 by -law.
5.4.1.3 Authorization to conduct fingerprint -based state and national criminal record
background checks 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 of FBI records, consistent with
this by -law. The Town authorizes the Police Department to receive and utilize State and FBI
records in connection with such background checks, consistent with this by -law. The State and
FBI criminal history will not be disseminated to unauthorized entities. Upon receipt of a report
from the FBI or other appropriate criminal justice agency, a record subject may request and
receive a copy of his/her criminal history record from the Police Department. Should the record
subject seek to amend or correct his/her record, he /she must take appropriate action to correct
said record, which action currently includes contacting the Massachusetts Department of
Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from
other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or
completeness of the record shall be advised that the procedures to change, correct, or update
the record are set forth in Title 28 CFR 16.34. The Police Department shall not utilize and /or
transmit the results of the fingerprint -based criminal record background check to any licensing
authority pursuant to this by -law until it has taken the steps detailed in this paragraph.
5.4.1.4 Municipal officials should not deny an applicant the license based on information
in the record until the applicant has been afforded a reasonable time to correct or complete the
information, or has declined to do so. 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.
5.4.1.5 Reoulations The Board of Selectmen, is authorized to promulgate regulations for
the implementation of the proposed by -law, but in doing so it is recommended that they
consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of
Public Safety and Security (or its successor agency) to ensure that such regulations are
consistent with the statute, the FBI's requirements for access to the national database, and
other applicable state laws.
5.4.2 Use of Criminal Record by Licensing Authorities 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 by -law. 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.
The Town or any of its officers, departments, boards, committees or other licensing authorities is
hereby authorized to deny any 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 by -law.
5.4.3 Fees the fee charged by the Police Department for the purpose of conducting fingerprint -
based criminal record background checks shall be determined by the Board of Selectmen and
shall not exceed one hundred dollars ($100). The Town Treasurer shall periodically consult with
Town Counsel and the Department of Revenue, Division of Local Services regarding the proper
municipal accounting of those fees. A portion of the fee, as specified in Mass. Gen. 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 for costs associated with the
administration of the fingerprinting system.
5.4.4 Effective Date This by -law shall take effect May 4, 2012, so long as the requirements if
G.L. c. 40 sec. 32 are satisfied.
or take any other action with respect thereto
Backaround: In 2010 the Massachusetts Legislature incorporated language within the Criminal Offender
Record Information (CORI) Reform Law that adds Massachusetts General Law (MGL) Chapter 6, Section
172 % which becomes effective May 4, 2012. This new section allows municipal officials to enact by -laws
that require fingerprint -based state and national criminal history checks of applicants for licenses in
specified occupations. Currently the Police Department is unable to conduct fingerprint -based record
checks and cannot use the multi -state criminal offender check system on vendors who often travel door to
door within our community. Many of these transient vendors are from out-of-state and a local
Massachusetts record check fails to reveal any previous criminal history, while the subject may have
extensive violent out-of-state criminal history. The passing of this by -law is the first step in a multi -step
process. The bylaw will need to be reviewed by the Attorney General's Office, the Massachusetts State
Police State ID Section and the MA Department of Criminal Justice Information Services (DCJIS).
Following their reviews, the bylaw will then be reviewed by the FBI Access Integrity Unit. Finally, the
Board of Selectmen is authorized by the Bylaw to develop regulations to implement it, and the Board
must consult with the Chief of Police Counsel and the Massachusetts Executive Office of Public
Safety and Security on these regulations.
There are clear guidelines within the Bylaw as to how the fingerprint based checks are to be used as well
as an appeal process for the applicant to correct or complete information on the record check. The record
check also cannot be disseminated to anyone who is not authorized to receive h.
The Massachusetts Police Chiefs Association General Counsel, worked with the Attorney General's
Office, in consultation with the staff of the EOPSS /CHSB (DCJIS) and FBI, to reach a consensus on the
wording of the sample by -law that a community might adopt that would meet with everyone's approval.
The following is an Informational Bulletin from the Commonwealth of Massachusetts Department of Public
Safety on this matter:
Jr, THE COMMONWEALTH OF MASSACHUSETTS
�\ EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
® Department Criminal Justice Information Services
200 ARLINGTON STREET, SUITE 2200 CHELSEA, MASSACHUSETTS 02150
W WW.MASS.GOV /CHSB
THE COMMONWEALTH'S PROVIDER OF CRIMINAL JUSTICE INFORMATION
SERVICES
TEL: 617 - 660-4600 • TTY: 617 -660 -4606 • FAX: 617 - 660 -4613
Deval L. Patrick Governor Mary Elizabeth Heffernan Secretary of Public Safety and Security
Timothy P. Murray Lieutenant Governor James F. Slater, III Acting Commissioner
Informational Bulletin
CNII Fingerprinting — Chapter 256 of the Acts of 2010
Effective May 4, 2012
What Is the new law that permits municipal officials to conduct fingerprint based state and
national criminal history records checks on license applicants?
On August 6, 2010, the Governor signed into law Chapter 256 of the Acts of 2010, "An Act Reforming the
Administrative Procedures Relative to Criminal Offender Record Information and Pre- and Post -Trial
Supervised Release." Section 23 of this new law, which takes effect on May 4, 2012, adds c. 6, §1728
% to the Massachusetts General Laws and creates an umbrella statute under which municipal
officials may enact ordinances to require state and national criminal history record checks of
applicants for licenses in specified occupations.
This now section provides:
Municipalities may, by local ordinance, require applicants for licenses in specified occupations to submit a
full set of fingerprints for the purpose of conducting a state and national criminal history records check
pursuant to sections 168 and 172 and 28 U.S.C. §534. Fingerprint submissions may be submitted by the
licensing authority to the identification unit within the department of state police through the criminal
history systems board, or its successor, for a state criminal records check and to the Federal Bureau of
Investigation for a state and national criminal records check.
Municipalities may, by local ordinance, establish the appropriate fee charged to applicants for
administering a fingerprinting system. For the purposes of section 2LLL of chapter 29, $30 of the fee shall
be deposited into the Firearms Fingerprint Identity Verification Trust Fund and the remainder of the fee
may be retained by the licensing authority for costs associated with the administration of the system.1
1 While Chapter 256 of the Acts of 2010 refers only to "ordinances," the Massachusetts General Laws
define "ordinance" as a term synonymous with "bylaw." G.L. c. 4, §7, cl. Twenty second. Thus, for the
purposes of M.G.L. c. 6, §172B %, both cities and towns may avail themselves of these statutory
provisions to establish a state and nation criminal history records check for civil fingerprinting for
designated municipal licenses.
What are the requirements for a municipal ordinance that authorizes fingerprint based state and
national criminal history records checks on municipal license applicants?
The FBI will not permit municipalities access to the national criminal history records database unless the
municipality has an ordinance or by -law that meets the following requirements:
• The ordinance must reference the authorizing statute, Mass. Gen. Laws c. 6, § 172B %.
• The ordinance must require fingerprinting of a licensing applicant.
• The ordinance must authorize the use of FBI records to conduct state and national criminal
history records checks.
• The ordinance must identify specific categories of licensing applicants to be screened and may
not be overly broad in its scope.
• The ordinance must clearly state that FBI criminal history will not be disseminated to
unauthorized entities.
Once the FBI AIU has approved a municipal ordinance, how does a municipality conduct
fingerprint based state and national criminal history records checks on license applicants?
• The ordinance must be forwarded to the State Identification Section of the Massachusetts State
Police (SIB) and copied to the Massachusetts Department of Criminal Justice Information
Services Office of the General Counsel (DCJIS OGC). SIB will submit the ordinance for approval
by the FBI Access Integrity Unit (AIU). Once approved, the FBI will add the ordinance to the FBI
Massachusetts Approved Statute List. SIS will also maintain a Massachusetts Approved
Ordinance List.
• Once the municipal ordinance has been approved by the FBI AIU, the municipality must contact
both the SIS a nd DCJIS OGC to establish the business processes required for the
implementation of a state and national criminal records check system, including the assignment
of an Originating Agency Identifier (ORI). Contact information for both agencies appears below.
• Once these business processes have been established, a licensing applicant may be
fingerprinted at the police department of the municipality in which he or she is seeking a
municipal license.
• The police department will forward the applicant's fingerprints either electronically or manually to
the SIS which will submit them to the FBI. All fingerprint submissions must contain the ordinance
number or correct city code citation in the "Reason Fingerprinted" block of the fingerprint
submission form.
• The results of the state and national criminal history records will be returned directly to the live
scan fingerprint device of the submitting department and /or a designated secure website
managed by DCJIS.
• It is the responsibility of the submitting department to review the results of the criminal history
check and determine suitability of the license applicant. For results that are returned without a
disposition to a charge, the submitting department is responsible for gathering the missing
disposition(s). The CJIS may be used to contact out -of -state agencies using the International
Justice and Public Safety (Nlets) message keys.
Once the municipal licensing authorities receive the state and national criminal history records
check results, what are their responsibilities?
• Any non -law enforcement municipal employee who as a result of this process receives and
reviews, or maintains state and national criminal history records check results must first complete
DCJIS's information security/identification verification training, as well as DCJIS CORI training.
• Municipal officials responsible for determining suitability for licensing must provide the applicant
with the opportunity to challenge the accuracy or completeness of the FBI criminal history.
• Municipal officials should not deny an applicant the license based on information in the record
until the applicant has been afforded a reasonable time to correct or complete the information, or
has declined to do so.
• If the applicant wants to challenge the accuracy or completeness of the record, municipal officials
must advise the applicant that the procedures to change, correct, or update the record are set
forth in Title 28 CFR 16.34.
How much will obtaining a fingerprint based state and national criminal history records check
cosh
• Pursuant to M.G.L. c. 6, §172B %, each municipality can set its own state and national criminal
records check fee structure by ordinance. The new law requires that municipalities deposit $30.00
of this fee into the Commonwealth's Firearms Fingerprint Identity Verification Trust Fund. DCJIS
and the SIS will establish a payment system through which police departments make these
deposits. Municipal licensing authorities may keep the remainder of the fees for costs associated
with the administration of its state and national criminal history records check system.
What other requirements for conducting fingerprint based state and national criminal history
records check do municipalities need to know about?
• The state and national criminal history check results may only be used for the purpose requested,
that is, screening for specific licenses.
• A state and national criminal history records background check for civil licensing purposes may
only be conducted based on a fingerprint check as authorized by a municipal ordinance and may
not be conducted based on name and date of birth.
• A federal background check may not be conducted for municipal employment applicants unless
such employment involves a position requiring a license issued by the municipality.
• All municipal entities that conduct fingerprint based state and national criminal history checks will
be subject to audit by the DCJIS.
• Each municipal entity will be required to develop and maintain written policies and procedures for
its fingerprint based national criminal history records check system.
Once an ordinance for civil fingerprinting has passed, who should a municipality contact?
Once a municipality passes a civil fingerprinting ordinance, it should contact the following:
Commanding Officer
Massachusetts State Police
State Identification Section
59 Horse Pond Rd.
Sudbury, Me 01776.
(508) 358 -3170
Additionally, a copy of the ordinance or by law must be sent to the DCJIS OGC by email at
dciismintsCalstate.ma.us. The State Idenfification Section will respond with detailed instructions and the
next steps required for implementing a state and nation criminal history record check system.2
2 Please note, all proposed by -laws or ordinances must still be approved by the Massachusetts Attorney
General's Office Municipal Law Division.
NOTE:
Municipalities are not allowed to submit any state or national fingerprint checks until authorized by the
DCJIS and the SIS. The DCJIS and the SIS will publish guidelines and detailed processes prior to
commencement of this program.
Federal law prohibits police departments from conducting name and date of birth national criminal history
records check for non - criminal justice purposes (i.e., licensing).
Finance Committee Report: No report.
Bylaw Committee Report - given by Phil Pacino: The Bylaw Committee recommends the subject matter
of this Article by a vote of 4 -0-0.
Presentation given by:
• James Cormier —See Attached
David Talbot, Precinct 5 moved to amend $ 100 maximum to $ 50
Motion to Amend Does Not Carry
After extensive discussion a motion was made by a Town Meeting Member to move the question.
2/3 Vote Required
125 Voted in the affirmative
10 Voted in the negative
161 Town Meeting Members in Attendance
Motion to Move Question Carried
Main Motion Carried as Presented
On motion by Ronald O'Keefe Jr, Precinct 1, it was voted that this Annual Town Meeting stand adjourned
to meet at 7:30 PM at the Reading Memorial High School Auditorium, on Thursday, May 3, 2012.
Meeting adjourned at 11:09 PM with 161 Town Meeting Members in attendance.
Counted Vote
75 Voted in the affirmative
63 Voted in the negative
161 Town Meeting Members in Attendance
Motion Carried
A true copy Attest:
Laura A Gemme
Town Clerk
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