Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
178a Uncod LL Pro
[Adopted 3-8-1994 by L.L. No. 1-1994 (Ch. 133, Art. I, of the 1985 Code)]

§ 178-1 Legislative intent.

A. 
This Legislature hereby finds and determines that the County of Suffolk is responsible for protecting the safety, health and well-being of its citizens.
B. 
This Legislature finds and determines that nowhere is this responsibility more important than in the protection of preschool handicapped children who require services provided through the County of Suffolk.
C. 
This Legislature further finds and determines that while all school bus drivers, including those employed for the Preschool Handicapped Children's Program, also known as the "Services to Disabled Children Program," are required by state law to be fingerprinted and to have their criminal history records reviewed, no such requirement extends to driver assistants employed by the same transportation companies.
D. 
This Legislature further finds and determines that such fingerprinting and criminal history record checks should be conducted for driver assistants, who often are in close contact with the handicapped children for whom the County of Suffolk provides services.
E. 
Accordingly, the purpose of this article is to provide authority for the fingerprinting of driver assistant applicants, as well as for the review of their criminal history records.

§ 178-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DRIVER ASSISTANT
A person at least 18 years of age and employed by a transporter to ride on a school bus for the purpose of maintaining order and rendering assistance to the students, including supervision of all students on the bus, assisting the students on and off the bus, assisting with car seats and seat belts for the students and completion of reports pertaining to the behavior of the children on the bus.
SCHOOL BUS
Every motor vehicle owned, leased, rented or otherwise controlled by a transporter, public or governmental agency or private school and operated for the transportation of pupils, teachers or other persons acting in a supervisory capacity to or from school or school activities or privately owned and operated for compensation for the transportation of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

§ 178-3 Fingerprinting and criminal history review as condition of employment.

All applicants for the position of driver assistant and all driver assistants currently employed with any transporter associated with the Suffolk County Preschool Handicapped Children's Program, also known as the "Services to Disabled Children Program," shall be required to be fingerprinted for identification processing and criminal history review as a condition of employment.

§ 178-4 Criminal history check.

All applicants for the position of driver assistant and all persons currently employed as driver assistants shall have their criminal history checked through the New York State Division of Criminal Justice Services (DCJS).

§ 178-5 Review of fingerprint cards; fees.

Fingerprint cards for all driver assistant applicants and those currently employed as driver assistants shall be prepared by each transporter and forwarded to DCJS for identification processing, together with any applicable processing fee to be paid by the transporter.

§ 178-6 Processing and forwarding of criminal history records.

The criminal history records processed by DCJS concerning driver assistant applicants and employees shall be submitted to the Suffolk County Commissioner of Health Services or the Health Services Transportation Coordinator, an employee of the Department of Health Services, for review and consideration of the contents of those records, and the prohibitions on employment as set forth below.

§ 178-7 Disqualification from employment.

Any applicant for the position of driver assistant or any person currently employed as a driver assistant who has been convicted of the crimes set forth herein shall be disqualified from consideration for employment as follows:
A. 
Permanent disqualification, if that person has been convicted or forfeited bond or collateral, which forfeiture order has not been vacated or the subject of an order of remission, upon a violation of § 100.13, 105.15, 105.17, 115.08, 125.10, 125.12, 125.15, 125.25, 125.27, 130.30, 130.35, 130.40, 130.45, 130.50, 130.60, 130.65, 135.20, 135.25, 150.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 260.00, 263.05, 263.10, 263.15 or 265.04 of the New York Penal Law or an attempt to commit any of the aforesaid offenses under § 110.00 of the Penal Law, or an offense committed under a former section of the Penal Law which would constitute a violation of the aforesaid sections of the Penal Law, or any offense committed outside of this state which would constitute a violation of the aforesaid sections of the Penal Law. However, such disqualification with regard to convictions upon a violation of § 125.12, 125.20, 125.25, 125.27, 130.25, 130.30, 130.35, 130.45, 130.50, 130.60, 130.65, 130.70, 135.25 or 150.20 of the Penal Law or an attempt to commit any of these offenses under § 110.00 of the Penal Law may be waived, provided that five years have expired since the applicant was discharged or released from a sentence of imprisonment imposed pursuant to conviction of an offense that requires disqualification under this subsection and that the applicant shall have been granted a certificate of relief from disabilities as provided for in § 701 of the New York Correction Law. Such certificate shall only be issued by the court having jurisdiction over such conviction and shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's prospective employment as a driver assistant, prior to granting such a certificate. Furthermore, such disqualification with regard to convictions upon a violation of § 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.25, 130.40, 130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 260.00, 263.05, 263.10, 263.15 or 265.04 of the Penal Law, or an attempt to commit any of the aforesaid offenses under § 110.00 of the Penal Law, or any offenses committed under a former section of the Penal Law which would constitute violations of the aforesaid sections of the Penal Law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the Penal Law, shall be waived, provided that five years have expired since the applicant was incarcerated pursuant to a sentence of imprisonment imposed on conviction of an offense that requires disqualification under this subsection and that the applicant shall have been granted a certificate of relief from disabilities as provided for in § 701 of the Correction Law. Such certificate shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's prospective employment as a driver assistant, prior to granting such a certificate.
B. 
For a period of five years from the date of last conviction specified herein, if that person has been convicted of or forfeited bond or collateral, which forfeiture order has not been vacated or the subject of an order of remission, upon a violation of §§ 100.10, 105.13, 115.05, 120.03, 120.04, 120.05, 120.10, 120.25, 125.13, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10 and Subdivision 2 of § 260.20, and §§ 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12 and 265.35 of the Penal Law or an attempt to commit any of the aforesaid offenses under § 110.00 of the Penal Law, or any similar offenses committed under a former section of the Penal Law, or any offenses committed under a former section of the Penal Law which would constitute violations of the aforesaid sections of the Penal Law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the Penal Law. However, such disqualification shall be waived, provided that the applicant has been granted a certificate of relief from disabilities as provided for in § 701 of the Correction Law. Such certificate shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the applicant was convicted will have on the applicant's prospective employment as a driver assistant, prior to granting such certificate.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).