[L.L. No. 3-1989, § 2; L.L.
No. 1-1996, § 1, 3-13-1996; L.L. No. 1-1998, § 1, 6-3-1998; L.L.
No. 2-2006, § 1, 3-1-2006]
The Commissioner of Codes Enforcement, Commissioner of Solid Waste Management, Commissioner of Public Works and Chief of the City Fire Department, and any other member of their respective departments designated by them may issue and serve upon a person an appearance ticket pursuant to Article 150 [§ 150.10 et seq.] of the Criminal Procedure Law or any violation of any local law or ordinance adopted by the City. The executive director of the Oneida-Herkimer Solid Waste Management Authority, Commissioner of Public Safety, Commissioner of Parks and Recreation and any employee of the authority or department designated by the executive director or Commissioner may issue and serve such appearance ticket for any violation of the provisions of Chapters 1-22 and 2-22 of this Code.
[Added 8-8-2018 by L.L.
No. 4-2018]
(a)
All prospective City employees may be subject to fingerprinting and
background checks who are candidates for the following positions for
City service as set forth in the City of Utica Civil Service Rules:
[Added 8-8-2018 by L.L.
No. 4-2018]
(a)
The City of Utica Civil Service Commission shall be responsible for
the administration of this local law and shall adopt policies and
procedures for the purpose of performing fingerprinting and criminal
history review of prospective employees of the City of Utica who are
subject to background checks and fingerprinting.
(b)
The City of Utica Civil Service Commission shall enter into an agreement
with the New York State Division of Criminal Justice Services to receive
the criminal history reports of prospective applicants for employment
in the civil service of the City of Utica. Subsequent to the effective
date of the agreement referred to above, all prospective applicants
for employment within the classes of the civil service of the City
of Utica as set forth in this local law shall be fingerprinted for
the purpose of procuring a criminal history report from the New York
State Division of Criminal Justice Services.
(c)
In order to determine the kind of past conduct which may preclude
a person from employment with the City of Utica, the following criteria
shall aid in determination:
(1)
Whether the person has been convicted of any offense denominated
a felony or misdemeanor by and in violation of the laws of the United
States or any of its territories or possessions, or another state
or of the State of New York or any political subdivision of this state.
(2)
Whether a person has been found by any court or administrative
tribunal of the United States or any of its territories or possessions,
or another state or of the State of New York or any political subdivision
of this state to have practiced any fraud, deceit or misrepresentation
in the conduct of any occupation, business or profession.
(3)
If a candidate has been convicted of a felony and/or a 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, §§ 751, 752 and 753 of the New York State Corrections
Law, and §§ 701 through 703(b) of the Corrections Law,
regarding certificates of relief for disability and certificates of
good conduct.
(d)
The criteria set forth in Subsection (c) of this section shall constitute sufficient basis for obtaining the criminal history of said person.
(e)
Fingerprint cards for all prospective employees shall be prepared
by the Utica Police Department or its designee together with any applicable
fee to be paid by the prospective employee. The appointing authority
may waive the applicable fee for any prospective employee; and in
that event, the fee shall be paid by the City and be chargeable against
the respective department's budget. The fingerprint card and applicable
fee will be delivered to the City of Utica Civil Service Office or
its designee who shall forward same to the New York State Division
of Criminal Justice Services for process in the form and manner as
prescribed by the State Division of Criminal Justice Services for
a criminal history record search.
(f)
The criminal history record processed by the New York State Division
of Criminal Justice Services concerning prospective employees shall
be submitted to the Civil Service Commission, or its designee, for
review by the City of Utica Civil Service Office and the appointing
authority of the prospective City employee for review and consideration
of the contents of those records and a decision regarding the candidate's
fitness for the position applied for.
[Code 1964, § 9-94; L.L. No. 7-1981, § 4]
The provisions of this division shall supplement the provisions
of § 18 of the Public Officers Law and are intended only
to modify certain procedural provisions of § 18 of the Public
Officers Law.
[Code 1964, § 9-93; L.L. No. 7-1981, § 3]
The provisions of this division shall apply to all actions and
proceedings pending upon the effective date of the legislation from
which this division is derived.
[Code 1964, § 9-91; L.L. No. 7-1981, § 1; L.L. No. 2-1997, § 1, 9-17-1997; amended 8-14-2013 by Ord. No. 198;8-14-2013 by Ord. No. 211]
Pursuant to the provisions of § 18 of the Public Officers Law, the City of Utica agrees to be held liable for costs incurred under the provisions of Section 1-2-44 by conferring upon the officers and employees of the City, the Utica Industrial Development Agency, the Utica Urban Renewal Agency, the Utica Harbor Point Local Development Corporation and the City-County-Private Sector Partnership Board the benefits of § 18 of the Public Officers Law.
[Code 1964, § 9-92(a); L.L. No. 7-1981, § 2; L.L. No. 4-2000, § 1, 11-15-2000]
Notwithstanding the provisions of Subdivision 3(b) of § 18
of the Public Officers Law, whenever the Corporation Counsel determines
that a conflict of interest exists or a court, upon appropriate motion
or otherwise by a special proceeding, determines that a conflict of
interest exists and that the employee is entitled to be represented
by private counsel, the Corporation Counsel, with the approval of
the Mayor, shall prepare a list of private attorneys from which the
City employee may select private counsel of his or her choice. The
Corporation Counsel may require, notwithstanding the foregoing, that
appropriate groups of City employees be represented by the same private
counsel. The selection of the Corporation Counsel in preparing such
a list shall be made so as to ensure that private counsel has a type
and level of professional experience appropriate to the subject matter
of the case, that counsel has no conflict of interest with the City,
that such counsel is prepared to act in the closest cooperation with
the Corporation Counsel consistent with standards and professional
responsibility, and that such counsel has agreed to terms of compensation
established by the City in accordance with law. If special counsel
is employed, the City shall pay reasonable and necessary attorney's
fees, at rates established at the time of employment or of assembly
of the list, as well as reasonable disbursements and litigation expenses
incurred by a City employee in his or her defense. Attorney fees,
disbursements and litigation expenses shall be submitted by the attorney
promptly at the end of each month to the Corporation Counsel in a
manner and form required by the Corporation Counsel and shall be reviewed
and approved by the Corporation Counsel prior to payment. Any dispute
with respect to representation of multiple employees by a single counsel,
the amount of litigation expenses or the reasonableness of attorneys
fees shall be resolved the court upon motion or by way of a special
proceeding.
[Code 1964, § 9-92(b); L.L. No. 7-1981, § 2]
Notwithstanding the provisions of Subdivision 4(a) of § 18
of the Public Officers Law, in the case of a settlement, the duty
to indemnify and save harmless shall be conditioned upon approval
of the amount of settlement by the Board of Estimate and Apportionment,
rather than the Common Council.
[Code 1964, § 9-92(c); L.L. No. 7-1981, § 2]
Notwithstanding the provisions of Subdivision 4(d) of § 18
of the Public Officers Law, upon entry of a final judgment against
the employee or upon a settlement of the claim, the employee shall
serve a copy of such judgment or settlement, personally or by certified
or registered mail within 10 days of the date of entry or settlement,
upon the Corporation Counsel of the City, rather than 30 days and
service upon the Chief administrative officer.
[Code 1964, § 9-92(d); L.L. No. 7-1981, § 2]
Notwithstanding the provisions of Subdivision 5 of § 18
of the Public Officers Law, the duty to defend or indemnify and save
harmless prescribed by such law shall be conditioned upon delivery
by the employee to the Chief legal officer of the City a written request
to provide for the employee's defense together with the original or
copy of any summons, complaint, process, notice, demand or pleading
within five days after the employee is served with such document,
rather than 10 days and service upon the Chief administrative officer.
[L.L. No. 1-1991, § 1]
(a)
All candidates for appointment to the Utica Auxiliary Police shall,
prior to appointment, provide fingerprint samples to be submitted
to the division of criminal justice services for a criminal record
background check.
(b)
The fingerprints of each prospective auxiliary police officer candidate
shall be taken under the auspices of the Utica Police Department and
submitted to the Division of Criminal Justice Services, along with
the appropriate processing fee.
(c)
The results of the criminal record background check shall be reviewed
by the Chief of Police and Director of Civil Defense.
