Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 8-22-2017 by L.L. No. 10-2017. Amendments noted where applicable.]
The Village Board of Trustees finds that the fingerprinting of prospective Village firefighters and other Village employees by the Rye Brook Police Department and officers for the purpose of conducting appropriate background checks prior to employment is an appropriate method to further public health, safety and welfare. It is the purpose of this chapter to establish procedures for fingerprinting that will allow background checks with the DCJS.
As used in this chapter, the following terms shall have the meanings indicated:
CHRI
Criminal history record information.
DCJS
New York State Division of Criminal Justice Services.
POLICE DEPARTMENT
Village of Rye Brook Police Department.
With the exception of those individuals who are under the age of 18 and applying for seasonal employment, the requirements of this chapter shall apply to all applicants for employment in the Village of Rye Brook covered in the provisions of this chapter, whether full- or part-time, including, but not limited to, applicants to positions that require or contemplate interaction with minors.
With the exception of those individuals who are under the age of 18 and applying for seasonal employment, all applicants for full- and part-time employment in the Village of Rye Brook covered in the provisions of this chapter, prior to employment, shall provide a set of his or her fingerprints, to be taken by the Police Department. Fingerprints and any applicable fees must be submitted in the form and manner as prescribed by the DCJS.
The Chief of Police of the Village of Rye Brook, or his/her designees, is authorized to obtain the fingerprints of such applicant and shall thereupon forward the fingerprints and any appropriate processing fee to the DCJS for processing and return of a criminal history record.
The Village Administrator and the Village Clerk shall have the right to review the CHRI disseminated by the DCJS. No other Village employee shall have access to such information.
A. 
If a prospective applicant has been convicted of a crime, any decision regarding such prospective applicant's fitness for a license or employment must be made upon consideration of the New York State Correction Law §§ 701 to 703-b and §§ 751 to 753. Correction Law §§ 701 to 703-b provide for certificates of relief from disability and certificates of good conduct, and §§ 751 to 753 set forth New York's public policy to encourage the licensure and employment of persons previously convicted of one or more criminal offenses and factors that should be considered in making hiring determinations.
B. 
These provisions hereof shall not be interpreted or applied to affect the statutory authority under § 50, Subdivision 4, of the New York State Civil Service Law, which authorizes the State Civil Service Department or municipal commission to require applicants to undergo a state and national criminal history record check.