[HISTORY: Adopted by the County Legislature
of the County of Ulster as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 28.
[Adopted 8-8-2007 by L.L. No. 14-2007]
[Amended 9-9-2009 by L.L. No. 7-2009]
A.
This Legislature finds and determines that it would promote the safety
of the people of Ulster County and the security of County property
to investigate the character of prospective applicants for employment
with the County of Ulster by reviewing such applicants' criminal
history report.
B.
This Legislature further finds and determines that the New York State
Division of Criminal Justice Services is capable of conducting fingerprint-based
searches of the criminal history reports it maintains but that 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.
This Legislature further finds that the office of the Ulster County
Personnel Director performs the duties of a municipal civil service
commission of the County of Ulster pursuant to the terms of § 15
of the New York State Civil Service Law and the Administrative Code
of the County of Ulster, and the Ulster County Personnel Director
administers civil service law with respect to offices and employment
in the classified service of such County pursuant to § 17
of the Civil Service Law, and the Ulster County Personnel Director,
pursuant to § 50 of the New York State Civil Service Law,
is directed to ascertain the fitness of applicants for positions in
the competitive class of the civil service and may refuse to examine
an applicant, or may refuse to certify an eligible applicant, who
has been guilty of a crime. In addition, the Ulster County Personnel
Director is responsible for the administration of personnel matters
with respect to offices and employment in the unclassified service
of such County.
[Amended 8-17-2010 by L.L. No. 3-2010]
D.
This Legislature finds that the Ulster County Sheriff or his/her
deputies or designees have the equipment and expertise to prepare
and process fingerprints.
E.
Accordingly, the purpose of this article is to provide authority
for fingerprinting and criminal history record checks of prospective
employees of the County of Ulster where such authority does not exist
by statute or any other state or federal law. This article shall be
administered by and/or through the office of the Ulster County Personnel
Director with the assistance of the Ulster County Sheriff.
[Amended 8-17-2010 by L.L. No. 3-2010]
F.
This Legislature finds and determines that, due to their unique nature,
several categories of service at Ulster County Community College would
be unduly burdened by the full implementation of this article. In
particular the areas which are burdened are as follows:
(1)
The Continuing and Professional Education Department at Ulster County
Community College that engages in excess of 200 short-term presenters,
lecturers, and instructors over the course of any given year who,
despite their short-term service, do not meet New York State Department
of Labor criteria to be retained as independent contractors. Many
of the above-mentioned individuals come from a variety of governmental,
corporate, and community programs to share their expertise and enhance
the offerings of continuing education; many others travel from outside
of the region or from out of state to offer one- or two-day weekend
workshops or provide professional training for area businesses, some
of whom may teach for three or fewer hours, one time only. Up to 40%
of all advertised continuing education courses may be cancelled.
(2)
Ulster
County Community College in its credit-bearing program frequently
requires a large number of adjunct faculty who teach one or two courses
for one semester and may not return again for a full year.
(3)
College work-study students, whose work at Ulster County Community
College is part of their financial aid package, student aides, and
student interns, who comprise a significant number each semester,
all of whom, despite being enrolled students, must also be entered
as employees.
[Amended 9-9-2009 by L.L. No. 7-2009]
A.
All prospective employees shall be subject to fingerprinting and
background checks who are candidates for the following positions for
County service as set forth in the Ulster County Civil Service Rules:
(1)
All positions which are, now or in the future, designated as classified
service in the competitive class, noncompetitive class, labor class,
and exempt class.
(2)
All positions which are, now or in the future, designated as unclassified
service except those designated as elected officials, Commissioners
of Elections, District Attorney, Sheriff, County Clerk, County Executive
and County Comptroller.
[Amended 8-17-2010 by L.L. No. 3-2010]
B.
Ulster County Community College.
(1)
The following categories of staff at Ulster County Community College
shall be exempt from the requirement of being fingerprinted and having
criminal background checks completed:
(a)
Matriculated
students who are classified as work-study, student aides, or interns;
and
(b)
Individuals
engaged by the Continuing and Professional Education Department who
are not engaged to offer programs for school-aged youth or engaged
in security duties and who do not meet the standards to be compensated
as independent contractors and who are providing noncredit course
content for 15 or fewer contract hours during any given semester.
(2)
The
adjunct faculty hired to teach credit-bearing or non-credit-bearing
courses whose service at Ulster County Community College is interrupted
for a semester or more will not be required to be refingerprinted
and undergo a criminal background check for a three-year period.
A.
The Ulster County Personnel Director shall be responsible for the
administration of this article and shall adopt policies and procedures
for the purpose of performing fingerprinting and criminal history
review of prospective employees of the County of Ulster who are subject
to background checks and fingerprinting.
[Amended 8-17-2010 by L.L. No. 3-2010]
B.
The Ulster County Personnel Director 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 County of Ulster. 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 County
of Ulster as set forth in this article shall be fingerprinted for
the purpose of procuring a criminal history report from the New York
State Division of Criminal Justice Services.
[Amended 8-17-2010 by L.L. No. 3-2010]
C.
In order to determine the kind of past conduct which may preclude
a person from employment with the County of Ulster, 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 State of 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.
D.
The criteria set forth in Subsection C of this section shall constitute sufficient legal basis for obtaining the criminal history of said person.
E.
Fingerprint cards for all prospective employees shall be prepared
by the Ulster County Sheriff's Department 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 County and be chargeable against
the respective department's budget. The fingerprint card and
applicable fee will be delivered to the Ulster County Personnel Director
who shall forward the same to the New York State Division of Criminal
Justice Services for processing.
[Amended 8-17-2010 by L.L. No. 3-2010]
F.
The criminal history record processed by the New York State Division
of Criminal Justice Services concerning prospective employees shall
be submitted to the Ulster County Personnel Director 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.
[Amended 8-17-2010 by L.L. No. 3-2010]
