[HISTORY: Adopted by the Town Board of the Town of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2010 by L.L. No. 3-2010]
This article shall be known as "Local Law No. 3 for the year
2010, the Fingerprint Background Check Authorization Law."
The Town Board of the Town of Hamburg finds that:
A.
Ensuring
the integrity of the process by which the Town's employees are
hired, and ensuring the responsibility, integrity and credibility
of employees who are hired by the Town and continue to work for the
Town, and who manage Town funds, assets and resources, is necessary
to protect the public health, safety and welfare.
B.
Ensuring
the safety of youth enrolled in or participating in the Town's
recreation programs or other youth-related programs, and ensuring
the safety of senior citizens enrolled in or participating in the
Town's senior programs is necessary to protect public health,
safety and welfare.
C.
The
significant public interest in ensuring a safe environment for the
youth participating in any Town Department of Recreation program,
and for the senior citizens participating in any of the Town's
senior programs, requires that the following Town employees, Supervisor,
Human Resources Director, Town Attorney, police officer designated
by the Police Chief to order and review criminal records (Criminal
Records Officer), in the case of applicants for employment in the
Recreation/Senior Services Department, the Recreation Director, and
in the case of applicants for employment in the Buildings and Grounds
Department, the Buildings and Grounds Department Head ("authorized
persons"), have access to an employment applicant's or volunteer
applicant's criminal record prior to making a decision in accordance
with the Town's hiring policy, concerning hiring, firing, retention,
promotion and/or demotion. Said policy authorizes fingerprint background
checks for employment applicants who are 18 years of age or older.
In making the determination of the applicant's fitness for the
requested permit or employment, based upon the information provided
by DCJS, New York State Correction Law §§ 701 through
703b and 751 through 753 shall be given due consideration.
It is the intent of the Town Board to provide for the health,
safety and welfare of the residents of the Town of Hamburg by authorizing
the Supervisor to enter into a use and dissemination agreement with
the New York State Division of Criminal Justice Services (DCJS) to
enable the Criminal Records Officer to cause or require the fingerprints
of an employment applicant 18 years of age or older applying for a
job with the Town to be forwarded to the DCJS for a complete criminal
background and investigation upon receipt of the appropriate fee to
be paid by the applicant or employee.
This article is authorized by the general police power vested
with the Town of Hamburg to promote the health, safety and welfare
of all residents and property owners in the Town.
