As used in this article, the following terms shall have the
meanings indicated:
CANDIDATE
A person for whom the County may require a criminal records
check as a condition to providing services as an employee, contractor,
student employee or volunteer.
CRIMINAL RECORDS CHECK
The process used to conduct criminal records background checks
on candidates to verify a candidate does not have relevant criminal
convictions. A conviction includes a plea of guilty or any court determination
of guilt. Criminal records information will be obtained using computerized
and/or fingerprint-based processes, as determined by the Albany County
Sheriff. Criminal records checks will be performed by the Albany County
Sheriff's Office, or by a third-party vendor chosen by the County
of Albany to complete background checks. A nationwide criminal records
check requiring fingerprints may be obtained from the New York State
Police through the Federal Bureau of Investigation (FBI).
FINGERPRINT-BASED CRIMINAL CHECK
A criminal records check using an individual's fingerprints.
If, at any time, it is determined that Albany County will use an individual's
fingerprints to conduct a criminal records check, the records check
will be subject to all rules and regulations under the laws of the
State of New York.
Unless specifically prohibited by NYS or federal laws, rules
or regulations, this policy covers positions that may include, but
are not necessarily limited to:
A. Prospective new employees (classified, unclassified, exempt class);
B. Temporary employees and student employees;
C. Current employees accepting new appointments;
D. Current employees when working in programs involving children primarily
under the age of 18; i.e., summer camps for students;
E. Current employees when working in programs involving individuals
over the age of 62;
F. Current employees when working in programs involving individuals
with a mental health disability;
G. Individuals working under a personal services contract;
I. All persons working for outside agencies conducting day-care-provider
and home-service provider services for the County, or having contact
with children in schools, camps, child care and therapeutic programs
in conjunction with Local Law No. 1-2002.
An appointing authority may apply to the Grievance Committee
of the Albany County Legislature for an exemption from this policy
if he/she believes the subject position, or class of positions, does
not require background checks. The decision of the Grievance Committee
is final.