[HISTORY: Adopted by the Common Council of the City of North Tonawanda as indicated in article histories. Amendments noted where applicable.]
Article I Criminal History Record Check
[Adopted 9-6-2016 by L.L. No. 1-2016]
North Tonawanda is committed to providing safeguards that endeavor to protect the welfare and security of its employees and the general public which it serves. Accordingly, the City will conduct a criminal history record check (CHRC) which may include fingerprinting in connection with the appointment of any employee to a job classification for which (a) a CHRC is required by law, or (b) positions which are, now or in the future, designated as classified service in the competitive class, noncompetitive class, labor class and exempt class and all positions which are, now or in the future, designated as unclassified service except those designated as elected officials. Where required under this policy, CHRCs will be conducted pre-offer of employment, or, where not feasible, an offer will be contingent upon the results of the CHRC.
North Tonawanda does not unlawfully discriminate on the basis of arrests or convictions. No application for employment will be denied by reason of the applicant having been previously convicted of one or more criminal offenses, unless (1) disqualification is specifically permitted or required by law; (2) there is a direct relationship between one or more previous criminal offenses and the employment sought; or (3) the granting of the employment sought would involve an unreasonable risk to property or to the safety of welfare of specific individuals or the general public. In evaluating these factors, the City will consider the duties of the position, the bearing of the conviction on the "fitness" to perform the duties of the position, the time elapsed since the conviction, the age of the applicant at the time of conviction, the "seriousness" of the offense, evidence of rehabilitation, and the employer's legitimate interest in protecting property and safety of specific individuals and the public. The City will also consider any certificate of relief from disabilities or certificate of good conduct issued to a prospective employee. Subject to applicable law, the City may also deny employment on the basis of an arrest which is pending at the time an employment decision is made.
The City of North Tonawanda Police Department will oversee CHRCs for City government. All CHRCs will be performed through the Police Department and other governmental agencies. No nongovernmental entity will be used to perform CHRCs.
Prospective employees subject to a CHRC will be provided with a notice and consent form. Before any adverse employment is taken based upon the results of a CHRC, a prospective employee will be afforded the opportunity to review and explain information contained therein. A prospective employee may also withdraw his or her application for employment at any time, without prejudice, prior to the City's decision on employment and upon such withdrawal and to the extent required by law, the City's Police Department will destroy any CHRC report concerning such prospective employee.
The results of the CHRCs will be maintained by the City in a file that is separate from other personnel information. Questions regarding compliance with this policy should be addressed to the City of North Tonawanda Police Department, Attorney's Office or Mayor's Office. Except as required by law, this policy is subject to and, to the extent inconsistent with, superseded by, the County's collective bargaining agreements.