[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.
Any convictions for felonies or misdemeanors
may disqualify an applicant for membership or employment if the disability
has not been removed as provided in Correction Law § 751,
as amended.