[HISTORY: Adopted by the Board of Trustees of the Village of Freeport;
Art. I, 2-4-1985 by L.L. No. 2-1985. Amendments
noted where applicable]
[Adopted 2-4-1985 by L.L. No. 2-1985]
This article is enacted in accordance with a policy requirement of the
Division of Criminal Justice Services of the State of New York as a prerequisite
for the Village Clerk of the Incorporated Village of Freeport to apply to
and obtain from the Division of Criminal Justice Services of the State of
New York and the Federal Bureau of Investigation the criminal history records
of employees and applicants for employment with the Village of Freeport, or
any corporation, agency or department thereof, of members and applicants for
membership in the Volunteer Fire Department and Special Police or licensees
and applicants for licenses or renewals thereof relating to certain activities
or occupations licensed or regulated by provisions of the Code of the Village
of Freeport, New York, which provisions authorize or require an investigation
of the applicant before a license is issued or renewed, including but not
limited to the following:
A.Â
In order to determine the kind of past conduct which
may preclude a person from employment or the continuation of employment with
the Village of Freeport, or any corporation, agency or department thereof,
from membership or the continuation of membership in the Volunteer Fire Department
and Special Police or from obtaining a license or continuing to hold same
or obtaining renewal thereof, the following criteria shall aid in such determination:
(1)Â
Whether the person has been convicted of any offense
denominated a felony or misdemeanor by and in violation of the laws of the
United States or any of its territories or possessions, of another state or
of the State of New York or any political subdivision of this state.
(2)Â
Whether the person has been found by any court or administrative
tribunal of the United States or any of its territories or possessions, of
another state or of the State of New York or any political subdivision of
this state to have practiced any fraud, deceit or misrepresentation in the
conduct of any occupation, business or profession.
(3)Â
Whether the person has had his/her license, which was
duly issued under any of the chapters of the Code of the Village of Freeport,
revoked at any time during the year prior to the time of the application for
such license.
(4)Â
Whether the person has had his/her license, which was
duly issued under any of the chapters of the Code of the Village of Freeport,
suspended, and the period of such suspension has not expired at the time of
the application for such license.
B.Â
For the purposes of this article, the terms "person,"
"member," "licensee" and "applicant" include any natural person, association,
partnership, corporation or other legal entity and also include any principal,
agent, fiduciary, partner, officer, director or shareholder where the particular
licensing provisions authorize or direct a criminal background investigation
of said individuals.
In accordance with the criteria set forth in § 70-2 of this article, the Village Clerk is authorized to secure the fingerprints of the applicant, employee, member or licensee and shall thereupon send the fingerprints, together with a check or money order in the required amount made payable to the New York State Division of Criminal Justice Services to cover the cost of searching said person's criminal history with the Division and with the Federal Bureau of Investigation, to the Division of Criminal Justice Services for the processing and return of a criminal history record.
