Town of Gates, NY Chapter 11 Criminal History Records Searches

[HISTORY: Adopted by the Town Board of the Town of Gates 5-3-2010 by L.L. No. 3-2010. Amendments noted where applicable.]

§ 11-1 Title.

This chapter shall be known as the "Criminal History Record Search Law" of the Town of Gates.

§ 11-2 Legislative intent.

The Town Board of the Town of Gates, along with the Gates Fire District and Gates Volunteer Ambulance Service, Inc., wishes to ensure that all personnel acting on behalf of the Town of Gates and the Gates Fire District and Volunteer Ambulance Service, Inc. are not only well-trained but also upstanding and law-abiding citizens. Members of these organizations must often enter homes on emergency conditions and must necessarily be trusted not only with people's welfare but their property. It is therefore necessary that a thorough criminal record search be done with respect to each individual joining these organizations so as to ensure the welfare and safety of the citizens of Gates. The Town of Gates has been informed that in order for such criminal history record searches to be done, a local law must be passed authorizing the Chief of Police to conduct such searches. It is the intent of the Town of Gates that such a criminal history record search will be limited to searches concerning any outstanding charges against an individual or convictions. Nothing in this chapter is intended to authorize inquiries into whether there have been charges brought against an individual which resulted in dismissal in such individual's favor. Therefore, this chapter will authorize the Chief of Police of the Town of Gates to submit fingerprints to obtain criminal history records from the Division of Criminal Justice Services (DCJS) of the State of New York for applicants for employment, membership and licenses with the Gates Fire Department and Gates Volunteer Ambulance Service, Inc.

§ 11-3 Fingerprinting required; scope of investigation.

All applicants for employment with the Gates Fire District for the position of firefighter and applicants with the Gates Volunteer Ambulance Service, Inc. for the position of emergency medical technician must be fingerprinted. All such applicants, upon the request of the Gates Fire District or Gates Volunteer Ambulance Service, Inc., shall be investigated by the Gates Police Department, which investigation shall be limited to the submission of a full set of applicant's fingerprints to the New York State DCJS for a criminal history record search.

§ 11-4 Authority of Chief of Police.

The Chief of Police of the Town of Gates, or his/her designees, is authorized to obtain the fingerprints of such applicant and shall thereupon forward the fingerprints and any appropriate processing fee to the New York State DCJS for processing and return of a criminal history record. The Chief of Police of the Town of Gates, or his/her designee, in utilizing the criminal history provided by the DCJS shall comply with all applicable law and policies of the DCJS.