[HISTORY: Adopted by the Town Board of the Town of Newburgh 1-12-2005 by L.L. No. 1-2005; amended in its entirety 5-16-2005 by L.L. No. 8-2005. Subsequent amendments noted where applicable.]
The purpose of this chapter is to set forth requirements and procedures for the fingerprinting and the criminal history record check of prospective Town of Newburgh employees in order to determine whether such individuals shall be granted a clearance for employment.
No candidate who applies on or after January 30, 2005 for appointment as a Town of Newburgh employee shall be appointed prior to a criminal history record check having been performed, except in the event the Town Board determines the appointment is required to address an emergency.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEARANCE FOR EMPLOYMENT
- A determination by the Town that, based upon its review of a prospective Town employee's criminal history record, such individual may be employed by the Town, provided that all other requirements for employment are met.
- PERSONNEL DIRECTOR
- The Administrative Assistant or other Town employee chiefly responsible for Town personnel matters and the processing of employment applications.
- PROSPECTIVE TOWN EMPLOYEE
- Any individual:
- A. Who is seeking a compensated position with the Town of Newburgh and is not currently employed by the Town; and
- B. Excluding individuals who are either filling an elected position whether by election or appointment to a vacancy, or serving solely as an appointed member of a board or commission of the Town, or considered an applicant by reason of a transfer pursuant to Civil Service Law § 70, or on a preferred list subject to Civil Service Law § 81 or on an eligible list as defined in Civil Service Law § 56 and who have successfully completed a promotional exam subject to Civil Service Law § 52.
The requirements of this section shall apply to prospective Town employees, as defined in § 10-3 of this chapter, appointed to compensated positions of the Town by official action of the Town Board on or after January 30, 2005. The requirements of this section shall not apply to prospective Town employees, as defined in § 10-3 of this chapter, appointed to compensated positions of the Town by official action of the Town Board prior to January 30, 2005, notwithstanding the fact that such prospective Town employees are not required to provide services until on or after January 30, 2005.
Town departments shall not employ or utilize a prospective Town employee, as defined in § 10-3 of this chapter, unless such prospective Town employee has been granted a clearance for employment by the Personnel Department, or unless the Town Board has made an emergency conditional appointment.
Fingerprint cards for prospective employees who the department head is considering for recommendation to the Town Board for hiring shall be prepared by the Town of Newburgh Police Department or other entity approved by the Town's Personnel Department to perform fingerprinting for identification processing. Two sets of fingerprint cards will he forwarded to the Personnel Director or his or her designee. Such fingerprinting procedure shall be established by the Town of Newburgh Police Chief and/or the Personnel Director.
The Personnel Director or his or her designee shall forward the fingerprint cards for prospective employees who the department head indicates he or she wishes to consider for recommendation to the Town Board and all applicable fees to New York State Division of Criminal Justice Services (DCJS') or a private company which performs equivalent reviews and is approved by the Town Board for processing. The criminal history records processed by DCJS or approved private company concerning prospective employees shall be submitted to the Personnel Director or his or her designee, for review and consideration of the contents of those records and the prohibitions on eligibility as set forth in § 10-7. If the information received indicates that there is a pending criminal offense that would require a disqualification, the prospective employee shall forward documentation to the Personnel Director evidencing the disposition of such offense in accordance with the procedures established by the Personnel Director. Upon a determination of disqualification, the Personnel Director or his or her designee shall notify the prospective employee and the Department Head of said determination. Said notice to the prospective employee shall include information regarding the right to appeal and contest any claimed ground for disqualification in accordance with the procedures established by the Personnel Director. Any challenge to information contained in criminal records provided by DCJS shall be conducted in accordance with the applicable DCJS rules and regulations. Any challenge to information contained in criminal records provided by an approved private company shall be conducted in accordance with procedures established by the Personnel Director.
The Town Personnel Department shall establish procedures and forms for the orderly administration of this Chapter. Procedures shall he established which are necessary for the implementation of the process for appeal pursuant to § 10-5C of this chapter.
Each Town department head, prior to making a recommendation for appointment or employment of a prospective Town employee to the Town Board, except in the event of emergency, shall ensure that the town's Personnel Department has given the prospective Town employee clearance for employment. The department head shall also ascertain that the police department or other preapproved fingerprinting entity has transmitted two sets of completed fingerprint cards to the Personnel Department for the purpose of a criminal history record check and clearance for employment along with the consent form and the fee required by §§ 10-6 and 10-9 of this chapter prior to interviewing a prospective Town employee.
A prospective Town employee shall:
Consent to the Town's Personnel Director making a request for the prospective Town employee's criminal history record from the DCJS or approved private company upon a form prescribed by the Town which indicates that such person has:
Consented to such request for a report;
Supplied on the form a current mailing or home address for the prospective Town employee.
Been informed that he or she may withdraw his or her application for employment, without prejudice, at any time before employment is offered or declined, regardless of whether the prospective Town employee or the Town has reviewed such prospective employee's criminal history information.
Been informed that in the event his or her employment is terminated by the Town and a criminal history record with respect to said employee was obtained from DCJS, within twelve-months of such termination such person may request the Town to notify the Division of Criminal Justice Services of such termination, and request the Division of Criminal Justice Services to terminate its return processing with respect to such person.
Prior to being recommended to the Town Board for employment be fingerprinted for purposes of a criminal history record check by authorized personnel of the Town Police Department or another preapproved fingerprinting entity. In such cases, the Police Department or other preapproved fingerprinting entity shall transmit two sets of completed fingerprint cards to the Personnel Department for the purpose of a criminal history record check and clearance for employment along with the consent form and the fee required by § 10-9 of this chapter.
Where the criminal history record check reveals no criminal record, the Personnel Department shall issue a clearance for employment to the Town department head.
Where the criminal history record check reveals that the prospective Town employee was convicted of a crime or has a pending criminal charge, the Town's Personnel Director or his or her designee shall review such record and apply the standards for the granting or denial of employment application set forth in New York State Correction Law, § 752 and shall consider the factors specified in Correction Law, § 753, as such laws may be amended or redesignated from time to time. Such review shall be conducted in accordance with Subdivision (16) of § 296 of the Executive Law, except for prospective police officers and peace officers, to whom the provisions of § 296 do not apply.
The Town Board may promulgate rules and regulations regarding the emergency conditional appointment of a prospective Town employee without a criminal history record check having been performed,
Where individuals have been separated from employment by the Town and a criminal history record with respect to said former employee was obtained from DCJS, upon request of such person within 12 months of such separation, the Personnel Department shall notify DCJS prior to the expiration of such twelve-month period for the purpose of terminating its return processing with respect to such employee.
The Town shall pay the fees for the criminal history record search established pursuant to law, by DCJS or approved private company for processing the criminal history information request.
Nothing in this chapter shall be construed or interpreted to alter or in any way diminish the integrity of collective bargaining agreements negotiated between the Town and any certified or authorized collective bargaining agent nor to diminish any rights pursuant to such agreements.