[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.]
[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.
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
The Commissioner of the Suffolk County Department of Consumer
Affairs.
The Suffolk County Department of Consumer Affairs.
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.
An unemancipated individual under the age of 21 years old.
Any instrument which is capable of simultaneously recording
such physiological parameters as heart rate, blood pressure, respiratory
dynamics, galvanic skin response or other changes.
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.
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.
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.
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.
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.
[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.
