[HISTORY: Adopted by the Town Board of the Town of Islip 9-15-2009 by L.L. No. 7-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 18, Fire Prevention Code, adopted 2-2-1695, as amended, was repealed 9-12-2000. See now § 68-30C.
A. 
This Board finds and determines that in order to promote the safety of the citizens and employees of the Town of Islip and the security of Town property, the Town should investigate the character of prospective applicants for employment with the Town of Islip by reviewing such applicants' criminal history report.
B. 
The New York State Division of Criminal Justice Services is capable of conducting fingerprint-based searches of the criminal history reports it maintains, but it requires either statute or local law to grant it authority to conduct fingerprint and criminal history checks. Subdivision 8-a of § 837 of the New York State Executive Law authorizes the New York State Division of Criminal Justice Services to charge a fee when, pursuant to statute, it conducts a search of its criminal history records and returns a report thereon in connection with an application for employment.
C. 
The Town's Director of Personnel and Labor Relations is capable of conducting criminal background checks of all individuals being considered for employment by the Town of Islip, including the request of a criminal history record from the New York State Division of Criminal Justice Services.
D. 
The Town Clerk or his/her deputies or designees possess the equipment necessary to prepare and process fingerprints, in order to assist the Town's Director of Personnel and Labor Relations in conducting such criminal background checks.
E. 
Accordingly, the purpose of this chapter is to provide authority for fingerprinting and criminal history record checks of prospective employees of the Town of Islip.
All applicants for employment with the Town shall be subject to fingerprinting and criminal background checks, excluding individuals who are prospective elected officials.
A. 
The Town of Islip's Director of Personnel and Labor Relations shall be responsible for the administration of this chapter and shall adopt policies and procedures for the purpose of performing fingerprinting and criminal history review of prospective employees of the Town who are subject to background checks and fingerprinting. The criminal background checks by the Director of Personnel and Labor Relations shall be made in compliance with Article 23-A of the New York State Correction Law, the Civil Service Law and other applicable statutes and laws.
B. 
The Town Clerk and any other departments of the Town of Islip shall amend any existing agreement(s) with the New York State Division of Criminal Justice Services to include the criminal history reports of prospective applicants for employment in all positions with the Town, excluding individuals in an elected office. Subsequent to the effective date of the agreement referred to above, all prospective applicants for employment with the Town of Islip as set forth in this chapter shall be fingerprinted for the purpose of obtaining a criminal history report from the New York State Division of Criminal Justice Services.
C. 
Fingerprint cards for all prospective employees shall be prepared by the Town Clerk, together with any applicable fee, which fee shall be paid by the prospective employee. The appointing authority for the prospective employee may waive the applicable fee for any prospective employee; and, in that event, the fee shall be paid by the Town and be chargeable against the respective department's budget. The fingerprint card and applicable fee will be delivered to the Town's Director of Personnel and Labor Relations, who shall forward same to the New York State Division of Criminal Justice Services for processing.
D. 
The criminal history record processed by the New York State Division of Criminal Justice Services concerning prospective employees shall be submitted to the Town's Director of Personnel and Labor Relations, or his/her designee, and the appointing authority of the prospective employee for review and consideration of the contents of those records and a decision regarding the candidate's fitness for the position applied for.
E. 
If a candidate has been convicted of a felony and/or misdemeanor, any decision regarding such candidate's fitness for a position must be made on a case-by-case review of the factors contained in Article 23-A of the New York State Correction Law.