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Malden council enacts CORI-release requirement for used-car dealers after debate over licensing procedure
Summary
The council enrolled Paper 407-25 to require used-car dealer applicants to sign a release authorizing the city to access criminal-record information (CORI); the measure passed after discussion about due process, clerk screening, and the need for a future paper clarifying procedural responsibilities.
The Malden City Council on April 7 enrolled an ordinance changing how the city obtains criminal-history information for used-car dealers: applicants will sign a release authorizing city personnel to access their criminal record rather than submitting their own CORI copies.
Councilor Cica, speaking for the license committee, told the council the technical correction was recommended by the city solicitor and the license committee and would improve confidentiality by allowing the city to obtain records directly. "The correct procedure is to have the person sign a waiver allowing the city to get that information, and we get the query rather than them providing it," Cica said.
Several councilors expressed concerns about procedure and fairness. Councilor O'Malley asked whether the ordinance's language (which allows the city council to deny licenses in specific circumstances) meant the clerk or staff could be filtering applicants without council oversight; she said she would vote "present" because she wanted to review the procedure to ensure applicants receive a fair process. Councilor Cica read aloud the relevant code section (6.080.11 f2) that lists criteria under which the city council may deny a license without a hearing, including recent convictions, pending criminal proceedings, recent release from incarceration, and sex-registry status within specified timeframes.
Councilors and staff described existing practice in the license committee: applicants with questionable background-report items are typically given an opportunity to obtain corrected documents (for example, a stamped BOP form) and to return to the committee rather than being permanently excluded. Speakers emphasized that background reports can be inaccurate and that the city must provide applicants a chance to dispute errors.
The council then moved and seconded enrollment of Paper 407-25; the motion carried on a voice vote recorded as 'Aye.' Councilor O'Malley recorded a 'present' vote and said a new paper would be drafted to address procedure and consistent application of the ordinance's standards.
Why it matters: the ordinance standardizes how the city obtains criminal-history information for used-car dealer licensing, shifting responsibility to city personnel while preserving applicants' ability to dispute errors; councilors flagged due-process and reentry concerns that will be addressed in a follow-up paper.
What’s next: Paper 407-25 was enrolled. Councilor O'Malley indicated she will bring forward or request a subsequent ordinance or administrative clarification to ensure consistent procedure and review the thresholds for denial.
