[HISTORY: Adopted by the Board of Trustees of the Village
of Islandia 7-30-2013 by L.L. No. 10-2013. Amendments noted
where applicable.]
A.
This Board finds and determines that in order to promote the safety
of the citizens and employees of the Village of Islandia and the security
of Village property, the Village should investigate the character
of prospective applicants for employment with the Village of Islandia
by reviewing such applicants' criminal history report.
B.
The New York State Division of Criminal Justice Services is capable
of conducting fingerprint-based searches of the criminal history reports
it maintains, but it requires either statute or local law to grant
it authority to conduct fingerprint and criminal history checks. Subdivision
8-a of § 837 of the New York State Executive Law authorizes
the New York State Division of Criminal Justice Services to charge
a fee when, pursuant to statute, it conducts a search of its criminal
history records and returns a report thereon in connection with an
application for employment.
C.
The Village's Village Clerk is capable of conducting criminal
background checks of all individuals being considered for employment
by the Village of Islandia, including the request of a criminal history
record from the New York State Division of Criminal Justice Services.
D.
The Village Clerk or his/her deputies or designees possess the equipment
necessary to prepare and process fingerprints, in conducting such
criminal background checks.
E.
Accordingly, the purpose of this chapter is to provide authority
for fingerprinting and criminal history record checks of prospective
employees of the Village of Islandia.
All applicants for employment with the Village shall be subject
to fingerprinting and criminal background checks, excluding individuals
who are prospective elected officials.
A.
The Village of Islandia Village Clerk shall be responsible for the
administration of this chapter and shall adopt policies and procedures
for the purpose of performing fingerprinting and criminal history
review of prospective employees of the Village who are subject to
background checks and fingerprinting. The criminal background checks
by the Director of Personnel and Labor Relations shall be made in
compliance with Article 23-A of the New York State Correction Law,
the Civil Service Law and other applicable statutes and laws.
B.
The Village Clerk and any other departments of the Village of Islandia
shall amend any existing agreement(s) with the New York State Division
of Criminal Justice Services to include the criminal history reports
of prospective applicants for employment in all positions with the
Village, excluding individuals in an elected office. Subsequent to
the effective date of the agreement referred to above, all prospective
applicants for employment with the Village of Islandia as set forth
in this chapter shall be fingerprinted for the purpose of obtaining
a criminal history report from the New York State Division of Criminal
Justice Services.
C.
Fingerprint cards for all prospective employees shall be prepared
by the Village Clerk, together with any applicable fee, which fee
shall be paid by the prospective employee. The appointing authority
for the prospective employee may waive the applicable fee for any
prospective employee, and in that event, the fee shall be paid by
the Village and be chargeable against the respective department's
budget. The fingerprint card and applicable fee will be delivered
to the Village's Village Clerk, who shall forward same to the
New York State Division of Criminal Justice Services for processing.
D.
The criminal history record processed by the New York State Division
of Criminal Justice Services concerning prospective employees shall
be submitted to the Village's Village Clerk, or his/her designee,
and the appointing authority of the prospective employee for review
and consideration of the contents of those records and a decision
regarding the candidate's fitness for the position applied for.
E.
If a candidate has been convicted of a felony and/or misdemeanor,
any decision regarding such candidate's fitness for a position
must be made on a case-by-case review of the factors contained in
Article 23-A of the New York State Correction Law.
