[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 3-8-1994 by L.L. No. 1-1994 (Ch. 133, Art. I, of
the 1985 Code)]
A.
This Legislature hereby finds and determines that the County of Suffolk
is responsible for protecting the safety, health and well-being of
its citizens.
B.
This Legislature finds and determines that nowhere is this responsibility
more important than in the protection of preschool handicapped children
who require services provided through the County of Suffolk.
C.
This Legislature further finds and determines that while all school
bus drivers, including those employed for the Preschool Handicapped
Children's Program, also known as the "Services to Disabled Children
Program," are required by state law to be fingerprinted and to have
their criminal history records reviewed, no such requirement extends
to driver assistants employed by the same transportation companies.
D.
This Legislature further finds and determines that such fingerprinting
and criminal history record checks should be conducted for driver
assistants, who often are in close contact with the handicapped children
for whom the County of Suffolk provides services.
E.
Accordingly, the purpose of this article is to provide authority
for the fingerprinting of driver assistant applicants, as well as
for the review of their criminal history records.
As used in this article, the following terms shall have the
meanings indicated:
A person at least 18 years of age and employed by a transporter
to ride on a school bus for the purpose of maintaining order and rendering
assistance to the students, including supervision of all students
on the bus, assisting the students on and off the bus, assisting with
car seats and seat belts for the students and completion of reports
pertaining to the behavior of the children on the bus.
Every motor vehicle owned, leased, rented or otherwise controlled
by a transporter, public or governmental agency or private school
and operated for the transportation of pupils, teachers or other persons
acting in a supervisory capacity to or from school or school activities
or privately owned and operated for compensation for the transportation
of pupils, teachers and other persons acting in a supervisory capacity
to or from school or school activities.
All applicants for the position of driver assistant and all
driver assistants currently employed with any transporter associated
with the Suffolk County Preschool Handicapped Children's Program,
also known as the "Services to Disabled Children Program," shall be
required to be fingerprinted for identification processing and criminal
history review as a condition of employment.
All applicants for the position of driver assistant and all
persons currently employed as driver assistants shall have their criminal
history checked through the New York State Division of Criminal Justice
Services (DCJS).
Fingerprint cards for all driver assistant applicants and those
currently employed as driver assistants shall be prepared by each
transporter and forwarded to DCJS for identification processing, together
with any applicable processing fee to be paid by the transporter.
The criminal history records processed by DCJS concerning driver
assistant applicants and employees shall be submitted to the Suffolk
County Commissioner of Health Services or the Health Services Transportation
Coordinator, an employee of the Department of Health Services, for
review and consideration of the contents of those records, and the
prohibitions on employment as set forth below.
Any applicant for the position of driver assistant or any person
currently employed as a driver assistant who has been convicted of
the crimes set forth herein shall be disqualified from consideration
for employment as follows:
A.
Permanent disqualification, if that person has been convicted or
forfeited bond or collateral, which forfeiture order has not been
vacated or the subject of an order of remission, upon a violation
of § 100.13, 105.15, 105.17, 115.08, 125.10, 125.12, 125.15,
125.25, 125.27, 130.30, 130.35, 130.40, 130.45, 130.50, 130.60, 130.65,
135.20, 135.25, 150.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
260.00, 263.05, 263.10, 263.15 or 265.04 of the New York Penal Law
or an attempt to commit any of the aforesaid offenses under § 110.00
of the Penal Law, or an offense committed under a former section of
the Penal Law which would constitute a violation of the aforesaid
sections of the Penal Law, or any offense committed outside of this
state which would constitute a violation of the aforesaid sections
of the Penal Law. However, such disqualification with regard to convictions
upon a violation of § 125.12, 125.20, 125.25, 125.27, 130.25,
130.30, 130.35, 130.45, 130.50, 130.60, 130.65, 130.70, 135.25 or
150.20 of the Penal Law or an attempt to commit any of these offenses
under § 110.00 of the Penal Law may be waived, provided
that five years have expired since the applicant was discharged or
released from a sentence of imprisonment imposed pursuant to conviction
of an offense that requires disqualification under this subsection
and that the applicant shall have been granted a certificate of relief
from disabilities as provided for in § 701 of the New York
Correction Law. Such certificate shall only be issued by the court
having jurisdiction over such conviction and shall specifically indicate
that the authority granting such certificate has considered the bearing,
if any, the criminal offense or offenses for which the person was
convicted will have on the applicant's prospective employment
as a driver assistant, prior to granting such a certificate. Furthermore,
such disqualification with regard to convictions upon a violation
of § 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.25,
130.40, 130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,
220.43, 260.00, 263.05, 263.10, 263.15 or 265.04 of the Penal Law,
or an attempt to commit any of the aforesaid offenses under § 110.00
of the Penal Law, or any offenses committed under a former section
of the Penal Law which would constitute violations of the aforesaid
sections of the Penal Law, or any offenses committed outside this
state which would constitute violations of the aforesaid sections
of the Penal Law, shall be waived, provided that five years have expired
since the applicant was incarcerated pursuant to a sentence of imprisonment
imposed on conviction of an offense that requires disqualification
under this subsection and that the applicant shall have been granted
a certificate of relief from disabilities as provided for in § 701
of the Correction Law. Such certificate shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate
has considered the bearing, if any, the criminal offense or offenses
for which the person was convicted will have on the applicant's
prospective employment as a driver assistant, prior to granting such
a certificate.
B.
For a period of five years from the date of last conviction specified
herein, if that person has been convicted of or forfeited bond or
collateral, which forfeiture order has not been vacated or the subject
of an order of remission, upon a violation of §§ 100.10,
105.13, 115.05, 120.03, 120.04, 120.05, 120.10, 120.25, 125.13, 125.40,
125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25, 140.30,
145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16, 220.31,
220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 230.20,
230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00,
260.10 and Subdivision 2 of § 260.20, and §§ 260.25,
265.02, 265.03, 265.08, 265.09, 265.10, 265.12 and 265.35 of the Penal
Law or an attempt to commit any of the aforesaid offenses under § 110.00
of the Penal Law, or any similar offenses committed under a former
section of the Penal Law, or any offenses committed under a former
section of the Penal Law which would constitute violations of the
aforesaid sections of the Penal Law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the Penal Law. However, such disqualification shall be waived,
provided that the applicant has been granted a certificate of relief
from disabilities as provided for in § 701 of the Correction
Law. Such certificate shall only be issued by the court having jurisdiction
over such conviction. Such certificate shall specifically indicate
that the authority granting such certificate has considered the bearing,
if any, the criminal offense or offenses for which the applicant was
convicted will have on the applicant's prospective employment
as a driver assistant, prior to granting such certificate.[1]
