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.]
GENERAL REFERENCES
Auxiliary police — See Ch. 17.
Police — See Ch. 1047.
668a Uncod LL Pro
[Adopted 11-25-1986 by L.L. No. 4-1987[1] (Ch. 387, Art. II, of the 1985 Code)]
[1]
Editor's Note: This local law also provided that it take effect 7-1-1987.

§ 668-1 Legislative intent.

A. 
This Legislature hereby finds that its enactment of Local Law No. 30-1985, A Local Law Creating a Bill of Rights for Employees within the County of Suffolk,[1] failed to provide adequate protection for minors seeking employment who may be required to undergo polygraph examinations as part of a preemployment screening process or for minors actually employed who are required to undergo such testing during the course of their job. This Legislature further finds that such minors are particularly susceptible to potential abuse in the administration of polygraph examinations because of their inexperience and youth.
[1]
Editor's Note: L.L. No. 30-1985 was included in the 1985 Code as Ch. 387, Polygraph Examinations, Art. I, Regulation and Control, and was repealed at time of adoption of the 2011 Code (see Ch. 1, General Provisions, Art. IV).
B. 
This Legislature also finds that such examinations intimidate, degrade, coerce, frighten and violate the privacy of minors who are subjected to such examinations as a condition of employment or during the course of their employment.
C. 
Therefore, the purpose of this legislation is to protect such minors by imposing a ban on the use of such examinations within the County of Suffolk on individuals under the age of 21 by any public or private employer for any employment purposes, except in instances of criminal law enforcement, preemployment screening by the Suffolk County Police Department or when such examination is conducted by a federal agency or department for reasons of national security as established by federal statute and/or executive order of the President of the United States.

§ 668-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who is a minor offering services for compensation to any public or private employer located and/or doing business within the County of Suffolk.
COMMISSIONER
The Commissioner of the Suffolk County Department of Consumer Affairs.
DEPARTMENT
The Suffolk County Department of Consumer Affairs.
EMPLOYEE
Any person who is a minor rendering services for compensation to any public or private employer located and/or doing business within the County of Suffolk.
MINOR
An unemancipated individual under the age of 21 years old.
POLYGRAPH
Any instrument which is capable of simultaneously recording such physiological parameters as heart rate, blood pressure, respiratory dynamics, galvanic skin response or other changes.
POLYGRAPH EXAMINATION
The questioning or interviewing of a person for employment purposes in conjunction with the use of a polygraph by or on behalf of any public or private employer located and/or doing business within the County of Suffolk.
POLYGRAPH EXAMINER
Any person who interviews another person in conjunction with the use of a polygraph for the purpose of determining the truth or falsity of statements made by the person interviewed and includes a polygraphist. It shall not include members of a municipal, state or federal law enforcement agency or any such person hired by such law enforcement agency on a contractual basis.

§ 668-3 Conduct of examinations prohibited.

No polygraph examination shall be performed by a polygraph examiner within the County of Suffolk by or on behalf of any public or private employer located and/or doing business within the County of Suffolk for employment purposes upon an applicant or an employee either as a condition of employment or as a condition of continued employment.

§ 668-4 Penalties for offenses. [1]

Failure to comply with § 668-3 of this article shall constitute a misdemeanor, punishable by a fine of up to but not more than $500 or imprisonment for not more than one year, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 668-5 Rules and regulations.

The Commissioner is hereby authorized and empowered to issue and promulgate such rules and regulations as he may deem necessary and sufficient to implement the provisions of this article.

§ 668-6 Exemptions.

[Amended 3-20-2007 by L.L. No. 9-2007[1]]
Section 668-3 of this article shall not apply to:
A. 
Polygraph examinations conducted in a criminal investigation by any law enforcement polygraph examiner acting within the scope of his ordinary and regular employment duties as a member of a municipal, state or federal law enforcement agency on a contractual basis;
B. 
Any polygraph examinations of persons seeking employment as Suffolk County police officers conducted by the Suffolk County Police Department through its own polygraph examiners or polygraph examiners hired on a contractual basis;
C. 
Any polygraph examinations of persons seeking employment as police officers of a town or village located within the County of Suffolk conducted by any police department through its own polygraph examiner, County police polygraph examiners or polygraph examiners hired on a contractual basis;
D. 
Any polygraph examinations of persons seeking employment as either Deputy Sheriffs or correction officers with the Suffolk County Sheriff's Department;
E. 
Any polygraph examination of persons seeking employment as civilians with the Suffolk County Police Department, Suffolk County Sheriff's Department or Suffolk County District Attorney's Office; and
F. 
Any polygraph examination conducted by a federal agency or department for national security reasons as established by federal statute and/or executive order of the President of the United States.
[1]
Editor's Note: This local law was adopted by the Legislature over the County Executive's veto on 4-23-2007.