[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:
Criminal history record information.
New York State Division of Criminal Justice Services.
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.Â
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.Â
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.
