[HISTORY: Adopted by the Suffolk County Legislature 3-29-1988 by L.L. No.
8-1988 (Ch. 33 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.
This Legislature hereby finds that parents are becoming a larger
and larger segment of the general work force as the era of the two-wage-earner
family becomes more widely accepted by the American people. This Legislature
also finds that this trend has been paralleled in public sector employment,
more particularly Suffolk County, wherein a larger and larger proportion
of the County work force has come to consist of two-wage-earner employees
who are simultaneously raising children.
B.
This Legislature hereby determines that a corresponding need to provide
care for the offspring of two-wage-earner families has accompanied
the growth in such families. This Legislature also determines that,
quite often, the cost of retaining child-care services is so prohibitive
as to discourage parents from entering, reentering, remaining in or
returning to the work force upon the bearing of a child. In addition,
many parents are reluctant to reenter or return to the work force
because of concern that they will not be present during the enormously
important formative stages of their children's development.
C.
As a consequence, the County of Suffolk is deprived of the most efficient
use of well-trained, well-educated, highly motivated, efficient employees,
either through a reluctance to enter or return to County employment
or through a reduction in employee morale caused by the burdens and
strains associated with child-care costs and impersonal child-care
services.
D.
This Legislature hereby acknowledges that corporate America has already
moved in the direction of providing in-house day-care facilities for
its employees as part of a system to advance the American personnel
and labor relations movement to a new plateau of sensitivity to the
needs of employees. Major American corporations currently provide
child day-care facilities on premises for their employees on a regular
basis as part of a program to retain highly skilled, well-trained,
well-educated, highly motivated, experienced, efficient employees
who, in turn, maximize the effectiveness of such corporations.
E.
Therefore, the purpose of this chapter is to mobilize County resources
to establish comprehensive child day-care facilities for eligible
participating County employees on a permanent basis so as to place
the County of Suffolk in the vanguard of an enlightened and socially
responsible labor policy for municipal employees.
[Amended 10-2-1995 by L.L. No. 27-1995; 10-8-1996 by L.L. No.
22-1996]
As used in this chapter, the following terms shall have the
meanings indicated:
The Director of the Division of Human Services in the County
Executive's office.
The County of Suffolk.
Care for infants, toddlers, children of preschool age and
children of primary school age (kindergarten through eighth grade).
The Suffolk County Department of Social Services.
The Suffolk County Department of Personnel and Labor Relations.
Any person holding a position by appointment or employment
in the service of the County of Suffolk.
A.
The Administrator is hereby authorized, empowered and directed to
develop, within 12 months after the effective date of amendments to
this chapter, a comprehensive program to provide child day-care services
to any County employee who meets County eligibility criteria developed
pursuant to this chapter and who elects to participate in such a program.
Such comprehensive program shall also be offered to low-income private
citizens who shall be eligible to participate in the program if they
make contributions in an amount to be determined by the Administrator
on a sliding-scale fee basis. The initial program shall provide for
a pilot facility located in the former DWI lockup of the H. Lee Dennison
Executive Office Building in Hauppauge, New York. Additional facilities
may be developed under the program when, as determined by the Administrator,
a documented need exists and the level of demand for a facility is
sufficient to offset the costs and sustain the operation of the facility.
These additional facilities shall be located in the former County
Infirmary in Yaphank, New York, and a County facility in Riverhead,
New York, to be chosen by the County Executive, wherein children of
eligible County employees may receive such child day-care services
as are provided by the program Monday through Friday of any week,
except for official public holidays. Such services may be provided
under this program through the employment of appropriate County employees
or through agreements with outside licensed contractors to render
such services to the County, including but not limited to joint private/public
enterprises, ventures or undertakings to render such services. This
program shall incorporate any existing County-initiated, -approved
or -funded child day-care programs for County employees as a component
of the program required herein.
[Amended 10-2-1995 by L.L. No. 27-1995; 8-16-1999 by L.L. No.
31-1999; 12-2-2003 by L.L. No. 29-2003]
B.
The Suffolk County Executive is hereby authorized and empowered to
enter into such contracts as he shall deem necessary to implement
the provisions of this chapter. Such contracts shall be subject to
the approval and ratification of the Suffolk County Legislature.
D.
The Director shall develop criteria and guidelines to establish the
eligibility of County employees to participate in such a program.
These guidelines and criteria shall be submitted to the County Legislature
for ratification and approval via resolution.
[Amended 10-2-1995 by L.L. No. 27-1995]
E.
The Director shall develop educational criteria and guidelines for
such County employees, if any, who may be utilized to provide such
day-care services. These guidelines and criteria shall be submitted
to the County Legislature for ratification and approval via resolution.
[Amended 10-2-1995 by L.L. No. 27-1995]
F.
The program shall include but not be limited to provisions allowing
employees and their spouses to visit day-care facilities provided
under this chapter for the purpose of observing, inspecting and monitoring
the day-care services provided to their children at such facilities.
[Amended 8-16-1999 by L.L. No. 31-1999]
The Suffolk County Executive is hereby authorized and empowered to accept contributions, gifts, donations and grants-in-aid from individuals, corporations, other municipalities or state or federal agencies directed solely and exclusively to the provision of child day-care services contemplated in § 38-3 of this chapter. Any such funds received shall be segregated from other County funds and be utilized only for this purpose. The County, subject to appropriate legislative resolution, may further approve funds for such child day-care services in such sums and/or percentages as may be prescribed by the County Legislature. The Suffolk County Legislature shall approve funding for actual facilities pursuant to § 38-3A of this chapter.
[Amended 8-10-2004 by L.L. No. 23-2004]
A.
Any contractor providing services under a contract approved and ratified
pursuant to this chapter shall be responsible for the recruitment
of appropriate personnel, the verification of credentials and references,
the review of criminal record information in conjunction with the
Department, the screening of all current and prospective personnel,
the selection and hiring of all personnel necessary to furnish child
day-care services and the periodic updating of such information obtained
from the implementation of this section of this chapter.
B.
Investigation.
(1)
Screening shall include but not be limited to the following:
(a)
Fingerprinting.
(b)
Review of criminal convictions and pending criminal actions
in conjunction with the Department.
(c)
Inquiry with the statewide Central Register of Child Abuse and
Maltreatment.
(d)
Prior to allowing any new employee or volunteer to work at a
day-care facility contracted with the County of Suffolk, an inquiry
shall be made to the New York State Sex Offender Registry. A completed
verification form prescribed by the Department shall be filed with
the contract administrator at the Suffolk County Department of Social
Services within three business days prior to the commencement of employment
and shall be included as part of the facility's official record.
(e)
For prospective personnel only, inquiry with the applicant's
three most recent employers.
(2)
Any criminal history record (CHR) reply supplied by the State of
New York Division of Criminal Justice Services shall be received and
reviewed by the Department.
C.
No contractor shall dismiss or permanently deny employment to current
or prospective personnel who are subjects of a pending criminal action.
A contractor may suspend such current personnel or defer employment
decisions on the basis of such action pending a final disposition
of the pending criminal action. The Department shall advise the contractor,
in writing, of any CHR reply which may preclude current or prospective
personnel from employment.
D.
Any contractor is hereby authorized and required to have all current
and prospective personnel fingerprinted by an appropriate County agency
or department.
E.
As a condition of employment and continued employment, the contractor
shall obtain written consent from all current and prospective child
day-care services personnel for fingerprinting and criminal record
review. Denial of such consent shall constitute grounds for dismissal
or refusal to employ.
F.
The Director shall require appropriate documentation from the contractor
indicating compliance with this section. The requirements contained
in this section shall be incorporated into all contracts for child
day-care services entered into by the County of Suffolk. Any violation
of such a condition shall constitute a material breach of the contract
sufficient to cause termination by the County.
G.
The Commissioner of the Department shall require termination of child day-care services personnel in instances in which the screening required by Subsection B of this section results in a finding that such personnel have been convicted of a felony or misdemeanor which, in the judgment of the Commissioner of the Department, endangers the health, safety and physical and/or mental well-being of a recipient of child day-care services.
[Amended 10-2-1995 by L.L. No. 27-1995; 8-16-1999 by L.L. No.
31-1999; 12-2-2003 by L.L. No. 29-2003]
The Suffolk County Executive is hereby authorized and empowered
to acquire such office space or general facilities as shall be necessary
to develop a pilot facility under the initial program in the former
DWI lockup of the H. Lee Dennison Executive Office Building in Hauppauge,
New York, and any additional facilities, developed pursuant to this
chapter, to be located in the former County Infirmary in Yaphank,
New York, and in Riverhead, New York, at a site to be chosen by the
County Executive, either by purchase, condemnation, lease, devise
or gift, subject to all requirements of law, including but not limited
to necessary resolutions to be submitted to the County Legislature
to authorize, approve and ratify such acquisitions.
[Amended 10-2-1995 by L.L. No. 27-1995; 10-8-1996 by L.L. No.
22-1996; 12-2-2003 by L.L. No. 29-2003]
The initial program contemplated for final development at the
conclusion of the above-described twelve-month period shall commence
no later than September 27, 1999. During the existence of this initial
program, the Director shall monitor, study and assess the feasibility
and viability of the program, including but not limited to its utilization
ratio, its cost per child to the County, the efficiency of outside
contractors versus in-house personnel, the availability and accessibility
to centrally located sites, the degree of increased exposure for personal
injury and property damage liability incurred by the County as a result
of such program, the impact of such program on the morale and efficiency
of the County work force and the desirability of expanding such a
program both on a permanent basis and to other geographical locations
within the County. The Director shall submit a written report to the
County Executive, Presiding Officer of the County Legislature and
Chairman of the Health, Human Services and Family Committee of the
Suffolk County Legislature within 90 days after the conclusion of
an eighteen-month period measured from September 27, 1999. During
the last month of the eighteen-month period, and pending the outcome
of such a report, the Legislature may, by resolution, extend for six
months the initial period for such child day-care facility program.
In no event shall the total initial period exceed more than 24 months
from the start-up date of September 27, 1999. Any determination to
convert the initial program and the pilot facility to a permanent
status and/or to expand such program to include additional facilities
in Suffolk County shall be made by the Administrator subject to the
approval of funding by the Suffolk County Legislature.
[Amended 10-2-1995 by L.L. No. 27-1995]
The Administrator may, by regulation, establish and charge to
eligible participating employees such fees and charges for the rendering
of such day-care services as, to the Director, may appear just and
reasonable in order to recover the County's costs in performing
these functions. This schedule of fees and charges may include a sliding
scale tied to the income levels of eligible participating employees.
[Amended 10-2-1995 by L.L. No. 27-1995]
The Administrator is hereby authorized and empowered to issue
and promulgate such rules and regulations as he may deem necessary
and sufficient to implement the provisions of this chapter.
The Director may negotiate collectively with recognized or certified
employee organizations concerning the terms and conditions of the
child day-care facilities program established pursuant to this chapter
or in connection with any question arising thereunder.
