[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Placid 8-18-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
The purpose of this chapter is to set forth requirements and
procedures for the fingerprinting and the criminal history record
check of prospective Village of Lake Placid employees in order to
determine whether such individuals shall be granted a clearance for
employment.
No candidate who applies on or after the effective date of this
chapter for appointment as a Village of Lake Placid employee shall
be appointed prior to a criminal history record check having been
performed, except in the event the Village Board determines the appointment
is required to address an emergency.
As used in this chapter, the following terms shall have the
meanings indicated:
A determination by the Village that, based upon its review
of a prospective Village employee's criminal history record,
such individual may be employed by the Village, provided that all
other requirements for employment are met.
Any individual:
Who is seeking a compensated position with the Village of Lake
Placid and is not currently employed by the Village; and
Excluding individuals who are either (i) filling an elected
position whether by election or appointment to a vacancy, or (ii)
serving solely as an appointed member of a board or commission of
the Village, or (iii) considered an applicant by reason of a transfer
pursuant to Civil Service Law § 70, or (iv) on a preferred
list subject to Civil Service Law § 81 or (v) on an eligible
list as defined in Civil Service Law § 56 and who have successfully
completed a promotional exam subject to Civil Service Law § 52.
Village departments shall not employ or utilize a prospective
Village employee, as defined in this chapter unless such prospective
Village employee has been granted a clearance for employment by the
Personnel Director, or unless the Village Board has made an emergency
conditional appointment.
A.
Fingerprint cards for prospective employees who the department head
is considering for recommendation to the Village Board for hiring
shall be prepared by the Village of Lake Placid Police Department
or other entity approved by the Village's personnel department
to perform fingerprinting for identification processing. Such fingerprinting
procedure shall be established by the Police Chief and/or the Personnel
Director.
B.
The Personnel Director or his or her designee shall forward the fingerprint
cards for the prospective employee who the department head indicates
he or she wishes to consider for recommendation to the Village Board
and all applicable fees to New York State Division of Criminal Justice
Services (DCJS) for processing. The criminal history records processed
by DCJS concerning prospective employees shall be submitted to the
Personnel Director or his or her designee for review and consideration
of the contents of those records and the prohibitions on eligibility
as set forth in this chapter. If the information received indicates
that there is a pending or past criminal offense that would require
a disqualification, the prospective employee shall forward documentation
to the Personnel Director evidencing the disposition of such offense
in accordance with the procedures established by the Personnel Director.
Upon a determination of disqualification, the Personnel Director or
his or her designee shall notify the prospective employee and the
department head of said determination. Said notice to the prospective
employee shall include information regarding the right to appeal and
contest any claimed ground for disqualification in accordance with
the procedures established by the Personnel Director. Any challenge
to information contained in criminal records provided by DCJS shall
be conducted in accordance with the applicable DCJS rules and regulations.
The Village Personnel Department shall establish procedures
and forms for the orderly administration of this chapter. Procedures
shall be established which are necessary for the implementation of
the process for appeal pursuant to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each Village department head, prior to making a recommendation
for appointment or employment of a prospective Village employee to
the Village Board, except in the event of emergency, shall ensure
that the Village's Personnel Department has given the prospective
Village employee clearance for employment. The department head shall
also ascertain that the Police Department or other pre-approved fingerprinting
entity has transmitted two sets of completed fingerprint cards to
the personnel department for the purpose of a criminal history record
check and clearance for employment along with the consent form and
a fee(s) as set from time to time by resolution of the Board of Trustees
prior to interviewing a prospective employee.
A prospective Village employee shall:
A.
Consent to the Village's Personnel Director making a request
for the prospective employee's criminal history record from the
DCJS upon a form prescribed by the Village which indicates that such
person has:
(1)
Consented to such request for a report;
(2)
Supplied on the form a current mailing or home address for the prospective
Village employee;
(3)
Been informed that he or she may withdraw his or her application
for employment, without prejudice, at any time before employment is
offered or declined, regardless of whether the prospective Village
employee or the Village has reviewed such prospective employee's
criminal history information;
(4)
Been informed that in the event his or her employment is terminated
by the Village, within 12 months of such termination such person may
request the Village to notify the Division of Criminal Justice Services
of such termination, and request the Division of Criminal Justice
Services to terminate its return processing with respect to such person;
and
B.
Prior to being recommended to the Village Board for employment, be
fingerprinted for purposes of a criminal history record check by authorized
personnel of the Village Police Department or another pre-approved
fingerprinting entity. In such cases, the Police Department or other
pre-approved fingerprinting entity shall transmit two sets of completed
fingerprint cards to the Personnel Department for the purpose of a
criminal history record check and clearance for employment along with
the consent form and a fee(s) as set from time to time by resolution
of the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where the criminal history record check reveals no criminal
record, the Personnel Department shall issue a clearance for employment
to the Village department head.
