The purpose of this chapter is to set forth requirements and procedures
for the fingerprinting and the criminal history record check of prospective
Town of Newburgh employees in order to determine whether such individuals
shall be granted a clearance for employment.
No candidate who applies on or after January 30, 2005 for appointment
as a Town of Newburgh employee shall be appointed prior to a criminal history
record check having been performed, except in the event the Town Board determines
the appointment is required to address an emergency.
As used in this chapter, the following terms shall have the meanings
indicated:
CLEARANCE FOR EMPLOYMENT
A determination by the Town that, based upon its review of a prospective
Town employee's criminal history record, such individual may be employed
by the Town, provided that all other requirements for employment are met.
PERSONNEL DIRECTOR
The Administrative Assistant or other Town employee chiefly responsible
for Town personnel matters and the processing of employment applications.
PROSPECTIVE TOWN EMPLOYEE
Any individual:
A.
Who is seeking a compensated position with the Town of Newburgh and
is not currently employed by the Town; and
B.
Excluding individuals who are either filling an elected position whether
by election or appointment to a vacancy, or serving solely as an appointed
member of a board or commission of the Town, or considered an applicant by
reason of a transfer pursuant to Civil Service Law § 70, or on a
preferred list subject to Civil Service Law § 81 or on an eligible
list as defined in Civil Service Law § 56 and who have successfully
completed a promotional exam subject to Civil Service Law § 52.
The requirements of this section shall apply to prospective Town employees, as defined in §
10-3 of this chapter, appointed to compensated positions of the Town by official action of the Town Board on or after January 30, 2005. The requirements of this section shall not apply to prospective Town employees, as defined in §
10-3 of this chapter, appointed to compensated positions of the Town by official action of the Town Board prior to January 30, 2005, notwithstanding the fact that such prospective Town employees are not required to provide services until on or after January 30, 2005.
A prospective Town employee shall:
A. Consent to the Town's Personnel Director making
a request for the prospective Town employee's criminal history record
from the DCJS or approved private company upon a form prescribed by the Town
which indicates that such person has:
(1) Consented to such request for a report;
(2) Supplied on the form a current mailing or home address
for the prospective Town employee.
(3) Been informed that he or she may withdraw his or her
application for employment, without prejudice, at any time before employment
is offered or declined, regardless of whether the prospective Town employee
or the Town has reviewed such prospective employee's criminal history
information.
(4) Been informed that in the event his or her employment
is terminated by the Town and a criminal history record with respect to said
employee was obtained from DCJS, within twelve-months of such termination
such person may request the Town to notify the Division of Criminal Justice
Services of such termination, and request the Division of Criminal Justice
Services to terminate its return processing with respect to such person.
B. Prior to being recommended to the Town Board for employment be fingerprinted for purposes of a criminal history record check by authorized personnel of the Town Police Department or another preapproved fingerprinting entity. In such cases, the Police Department or other preapproved fingerprinting entity shall transmit two sets of completed fingerprint cards to the Personnel Department for the purpose of a criminal history record check and clearance for employment along with the consent form and the fee required by §
10-9 of this chapter.
Where individuals have been separated from employment by the Town and
a criminal history record with respect to said former employee was obtained
from DCJS, upon request of such person within 12 months of such separation,
the Personnel Department shall notify DCJS prior to the expiration of such
twelve-month period for the purpose of terminating its return processing with
respect to such employee.
The Town shall pay the fees for the criminal history record search established
pursuant to law, by DCJS or approved private company for processing the criminal
history information request.
Nothing in this chapter shall be construed or interpreted to alter or
in any way diminish the integrity of collective bargaining agreements negotiated
between the Town and any certified or authorized collective bargaining agent
nor to diminish any rights pursuant to such agreements.