This chapter shall be known as the "Monroe County Fair Chance
Employment Act."
The purpose of this chapter is to ensure that applicants for
positions with Monroe County are not unfairly discriminated against
because of prior criminal history during the application process.
As used in this chapter:
ADVERSE ACTION
To refuse to hire or promote, to discharge an individual
from his or her employment, or revoke an applicant's conditional
offer of employment.
APPLICANT
Any person considered or who requests to be considered for
employment by the County.
APPLICATION PROCESS
The period of time beginning when an applicant inquires about
employment with the County or submits an employment application to
the County, and ends when the applicant is provided a conditional
offer of employment or the County chooses not to offer the applicant
a conditional offer of employment.
ARREST
A record or action by any jurisdiction that does not result
in a conviction, or any encounter with a law enforcement agency that
does not result in a conviction. This includes information indicating
that a person has been questioned, apprehended, taken into custody
or detained, or held for an investigation by a law enforcement, police,
or prosecutorial agency.
CONVICTION
Any sentence arising from a plea or verdict of guilty, including
a sentence of incarceration, a suspended sentence, a sentence of probation,
an unconditional discharge, or a diversion program.
COUNTY
The County of Monroe, its departments, administrative units,
public officers, and employees.
CRIMINAL HISTORY
An individual's prior criminal conviction and/or sentencing
in New York State or any other jurisdiction.
This chapter shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
law, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Monroe. The County Legislature may determine via resolution
whether or not identical or substantially similar federal or statewide
legislation, or pertinent preempting state or federal regulations
have been enacted for the purposes of triggering the provisions of
this section.
If any clause, sentence, paragraph, section, subdivision, or
other part of this chapter or its application shall be inconsistent
with any federal or state statute, law, regulation or rule then the
federal or state statute, law, regulation, or rule shall prevail.
If any clause, sentence, paragraph, section, subdivision, or other
part of this chapter or its application shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder
of this chapter which shall remain in full force and effect except
as limited by such order or judgment.
This chapter shall be effective immediately upon filing in the
Office of the Secretary of State.