This Board finds and determines that in order to promote the safety
of the citizens and employees of the Town of Islip and the security
of Town property, the Town should investigate the character of prospective
applicants for employment with the Town of Islip by reviewing such
applicants' criminal history report.
The New York State Division of Criminal Justice Services is capable
of conducting fingerprint-based searches of the criminal history reports
it maintains, but it requires either statute or local law to grant
it authority to conduct fingerprint and criminal history checks. Subdivision
8-a of § 837 of the New York State Executive Law authorizes
the New York State Division of Criminal Justice Services to charge
a fee when, pursuant to statute, it conducts a search of its criminal
history records and returns a report thereon in connection with an
application for employment.
The Town's Director of Personnel and Labor Relations is capable
of conducting criminal background checks of all individuals being
considered for employment by the Town of Islip, including the request
of a criminal history record from the New York State Division of Criminal
Justice Services.
The Town Clerk or his/her deputies or designees possess the equipment
necessary to prepare and process fingerprints, in order to assist
the Town's Director of Personnel and Labor Relations in conducting
such criminal background checks.
Accordingly, the purpose of this chapter is to provide authority
for fingerprinting and criminal history record checks of prospective
employees of the Town of Islip.
All applicants for employment with the Town shall be subject
to fingerprinting and criminal background checks, excluding individuals
who are prospective elected officials.
The Town of Islip's Director of Personnel and Labor Relations
shall be responsible for the administration of this chapter and shall
adopt policies and procedures for the purpose of performing fingerprinting
and criminal history review of prospective employees of the Town who
are subject to background checks and fingerprinting. The criminal
background checks by the Director of Personnel and Labor Relations
shall be made in compliance with Article 23-A of the New York State
Correction Law, the Civil Service Law and other applicable statutes
and laws.
The Town Clerk and any other departments of the Town of Islip shall
amend any existing agreement(s) with the New York State Division of
Criminal Justice Services to include the criminal history reports
of prospective applicants for employment in all positions with the
Town, excluding individuals in an elected office. Subsequent to the
effective date of the agreement referred to above, all prospective
applicants for employment with the Town of Islip as set forth in this
chapter shall be fingerprinted for the purpose of obtaining a criminal
history report from the New York State Division of Criminal Justice
Services.
Fingerprint cards for all prospective employees shall be prepared
by the Town Clerk, together with any applicable fee, which fee shall
be paid by the prospective employee. The appointing authority for
the prospective employee may waive the applicable fee for any prospective
employee; and, in that event, the fee shall be paid by the Town and
be chargeable against the respective department's budget. The
fingerprint card and applicable fee will be delivered to the Town's
Director of Personnel and Labor Relations, who shall forward same
to the New York State Division of Criminal Justice Services for processing.
The criminal history record processed by the New York State Division
of Criminal Justice Services concerning prospective employees shall
be submitted to the Town's Director of Personnel and Labor Relations,
or his/her designee, and the appointing authority of the prospective
employee for review and consideration of the contents of those records
and a decision regarding the candidate's fitness for the position
applied for.
If a candidate has been convicted of a felony and/or misdemeanor,
any decision regarding such candidate's fitness for a position
must be made on a case-by-case review of the factors contained in
Article 23-A of the New York State Correction Law.