[HISTORY: Adopted by the Board of Trustees of the Village of Fairport as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-2002 by L.L. No. 3-2002 (Ch. 12 of the 1968 Code)]
This article shall be entitled the "Criminal History Record Search Law for the Village of Fairport, New York."
Members of the Fairport Police Department and the Fairport Fire Department must often enter homes of Village residents on emergency conditions and in the course of protecting the public health, safety, and welfare of the residents of the Village of Fairport, and must necessarily be trusted not only with people's welfare but also with their property. It is, therefore, necessary and proper that a criminal record search be conducted for any individual joining these organizations to ensure the protection of the welfare and safety of the residents of Fairport. The Village has been advised that in order for such criminal history record searches to be conducted by the New York State Division of Criminal Justice Services (Division of Criminal Justice Services), a local law must be enacted authorizing such criminal history searches.
All persons applying for membership in the Fairport Police Department and the Fairport Fire Department shall be fingerprinted and shall be investigated by the Fairport Police Department, which investigation shall include, but not be limited to, a full search of the Division of Criminal Justice Services for a criminal history search. Such search shall be limited to any outstanding charges against a person or convictions of that person. Nothing in this article shall be intended to authorize inquiries into whether or not there have been charges against an individual which resulted in dismissal or acquittal in the individual's favor.
The Chief of Police of the Village of Fairport or the Chief's designees are authorized to obtain the fingerprints of any applicant for membership in the Fairport Police Department and the Fairport Fire Department and shall thereupon forward the fingerprints, any other documents required, and the applicable processing fee to the Division of Criminal Justice Services for processing and return of a criminal history record. The Chief of Police and/or the Chief's designees shall comply with all applicable law and policies of the Division of Criminal Justice Services in utilizing the criminal history provided by the Division of Criminal Justice Services.