Village of Amityville, NY Chapter 7 Criminal History Record Checks

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 9-2009.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.

§ 7-1 Legislative intent.

The Board of Trustees finds that to protect the public safety and welfare as an exercise of its police power, it is necessary to know whether certain prospective employees and licensees of the Village have a history of criminal activity which may make them unsuitable as Village employees or licensees due to the nature of such employment or licensed activity.

§ 7-2 Fingerprinting for certain prospective employees required.

Any applicant for employment by the Village of Amityville for the following positions shall submit his/her fingerprints on cards provided for that purpose used by the New York State Division of Criminal Justice Services (DCJS). Said fingerprints shall be taken by a member or authorized representative of the Amityville Police Department at the time of application and submitted to said Division of Criminal Justice Services for processing for a criminal record history check:

A. All employees of the Amityville Police Department who are not police officers.

B. All employees of the Highway Department who will have to operate a vehicle or motorized equipment as part of their normal duties.

§ 7-3 Fingerprinting for certain prospective licensees required.

Any applicant for one of the following licenses issued by the Village of Amityville shall submit his/her fingerprints on cards provided for that purpose used by said Division of Criminal Justice Services. Such fingerprints shall be taken by a member or authorized representative of the Amityville Police Department at time of license application and submitted with the appropriate processing fee from the applicant to said Division for processing for a criminal history record check:

A. Taxicab driver's license.

B. Peddler's license for sales from vehicles.

C. Cabaret license, unless the applicant also has a valid SLA license for the premises.

§ 7-4 Convictions precluding employment or license.

A conviction of any felony, or, in the case of employment or a license whose responsibilities include operation of a motor vehicle, a conviction of any traffic misdemeanor involving use of drugs or alcohol or unlicensed operation of a motor vehicle, shall be a sufficient ground to reject the prospective employee or licensee.

§ 7-5 Responsibilities of Chief of Police.

The Chief of the Amityville Police Department, or his designee, shall be responsible for obtaining the fingerprints of said applicants on the appropriate DCJS cards and forwarding same to said Division with the appropriate fees for identification processing. Said Chief shall be responsible for reviewing the criminal history record information provided by DCJS and ensuring the confidential use of such information only for the purpose of employment or licensure, as applicable.