City of North Tonawanda, NY Investigation of Civil Service Applicants

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Chapter 51A Investigation of Civil Service Applicants

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[HISTORY: Adopted by Common Council of City of North Tonawanda 8-7-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Code of Ethics — See Ch. 38.

§ 51A-1 Purpose.

§ 51A-2 Definitions.

§ 51A-3 Conduct of investigations.

§ 51A-4 Disqualification of eligibles.

§ 51A-5 Mitigating circumstances.

§ 51A-6 Positions requiring investigation.

§ 51A-1 Purpose.

The Common Council hereby finds that there exists a need for scrutiny of an individual's past as it relates to public and highway safety prior to Civil Service Commission certification of such individuals as eligible for appointment to such specific positions as enumerated herein in § 51A-6. It is the purpose of this ordinance to authorize such investigations.

§ 51A-2 Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:

APPLICANT

A candidate, eligible appointee or other person who has submitted an application for examination for employment in the City of North Tonawanda for a position listed in § 51A-6 hereof.

COMMISSION

The North Tonawanda Civil Service Commission.

DIVISION

The New York State Division of Criminal Justice Services.

FINGERPRINTS

An ink impression of the curves formed by the system of ridges on the skin surface of the distal phalanx of a finger, such impression to be used as a means of identification.

FIRE DEPARTMENT

The professional personnel of the North Tonawanda Fire Department.

POLICE DEPARTMENT

The professional personnel of the North Tonawanda Police Department.

§ 51A-3 Conduct of investigations.

The Commission and Police Department are hereby authorized to conduct investigations concerning the qualifications of candidates, eligibles and appointees for positions under the jurisdiction of the Commission which are specifically enumerated in § 51A-6 hereof. The scope of these investigations may include training, experience and character qualifications or any area pertinent to the suitability of the applicant in relation to his potential public safety and highway safety duties. The investigation of applicants shall be as complete as is necessary to make an informed evaluation and determination. This may include the taking of fingerprints and physical descriptive data of such applicant and the submission of same to the Division for identification processing.

§ 51A-4 Disqualification of eligibles.

The Commission may refuse to examine an applicant or, after examination, to certify an eligible if, after an investigation pursuant to this ordinance, such applicant has been found to have been convicted of the following crimes as defined under the New York State Penal Law, the New York State Vehicle and Traffic Law or equivalent law of any other state:

Criminal conspiracy.

Assault.

Homicide.

Sexual offenses.

Kidnapping.

Burglary.

Criminal mischief.

Arson.

Larceny, theft or robbery.

Bribery; offenses against public administration.

Offenses involving false written statements, forgery, perjury or fraud.

Controlled substance offenses.

Offenses against public order.

Offenses against public safety.

Crimes (misdemeanors and felonies) arising out of traffic incidents.

§ 51A-5 Mitigating circumstances.

Each case involving a criminal conviction shall be considered on its own merits. Applicant shall not automatically be disqualified or barred from appointment solely on the basis of a criminal conviction unless mandated by statue.

In review of the criminal convictions, full consideration shall be given to the following:

(1)

Nature and seriousness of the offense.

(2)

Circumstances under which the offense was committed.

(3)

Lapse of time since offense was committed.

(4)

Individual's age at the time of the offense.

(5)

Social conditions which may have fostered the offense.

(6)