This article shall be entitled "Investigation and Fingerprinting of Police Commissioner/Police Chief Candidates in the Town of Deerpark, Orange County, New York."
The code that follows deals with the establishment of fingerprinting and background checks for all candidates for appointment to the office of the Town Police Commissioner/Town Police Chief with the Town of Deerpark. By adoption of this article, the Town of Deerpark declares its intent to fingerprint and perform background checks on all future candidates for appointment to the office of Town Police Commissioner/Town Police Chief. Authority for this article comes from the provisions of § 25-a of the New York State Town Law.
A. 
As used in this article, the following terms shall have the meanings indicated:
TOWN POLICE CHIEF and TOWN POLICE COMMISSIONER and APPOINTEE TO THE OFFICE OF TOWN POLICE COMMISSIONER OR APPOINTEE TO THE OFFICE OF TOWN POLICE CHIEF
Any person appointed by the Town Board of the Town of Deerpark to fill the position of member of the Deerpark Police Commission or department head of the Police Department of the Town of Deerpark.
B. 
The words and phrases and definitions of words as used in the New York State Town Law shall be applied in the enforcement of this article.
A. 
Each candidate for appointment or appointee for the office of Town Police Commissioner or Town Police Chief in the Town of Deerpark shall have a fingerprint impression of the fingers and thumbs of both hands taken by the Police Department of the Town of Deerpark. The Police Department of the Town of Deerpark is authorized to forward the appointee's fingerprints to the New York State Division of Criminal Justice Services for a criminal investigation prior to the Deerpark Town Board's confirmation of said candidate's appointment as Town Police Commissioner or Town Police Chief. The Deerpark Town Board shall be responsible for paying the required fee for said background investigation in the form of a check or money order made payable to the New York State Division of Criminal Justice Services, and shall forward said payment, together with the fingerprints, to the New York State Division of Criminal Justice Services. The Town Board of the Town of Deerpark shall review the information secured as a result of said investigation and shall keep any such information confidential.
B. 
The Town Board shall not confirm the appointment of any candidate who has been convicted of a felony or Class A misdemeanor as defined in the Penal Law of the State of New York, and who has not, subsequent to such conviction, and prior to application for such position, had this disability removed as provided in the New York State Correction Law § 751. An application for an exemption to this requirement for an appointee convicted of a Class A misdemeanor may be made to the Town Board, and, upon good cause shown, the Town Board may waive this disability.