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002 ... MANDATING BACKGROUND CHECKS FOR TOWN EMPLOYEES TO: FROM: DATE: Joe Ruggerio, Supervisor and Town Board James P. Horan, Esq. August 28, 2006 Genesis for Proposed Local Law . Memo from Commissioner of Dutchess County Department of Personnel Outlining Available resources . Town Code Does Not Provide for Background Checks for Prospective Employees. . Background Checks Would Help Protect the Public . Supervisor Ruggerio requested drafting of new local law to be patterned on Dutchess County Provisions Dutchess Countv Provisions . Dutchess County has created its personnel policy and procedures for County Employees by Executive Action. . No Local Law enacted by Dutchess County. . County Department of Personnel administers provisions for background checks. . County employees are required to be fingerprinted and fingerprint cards (2) are sent to New York State Department of Criminal Justice Services (CJS) in Albany. CJS forwards one card to the FBI. . A number of employees are trained to do fingerprinting. process requests and review returns from CJS. Town Powers More Limited . Town is Limited by Civil Service Law, County is not. . Town employees in Civil Service positions, exempt from Lo<.'al Law. Civil Service Law S 50 governs. . Elected Officials exempt from Local Law . Appointed Officials exempt from Local Law i.e., Planning Boaro, Zoning Board of Appeals . Would not apply to employees covered by collective bargaining agreement . Town must create Local Law to do background checks. . Town must enter into a contract with c.JS. Criminal Historv Record Check . CJS is responsible for maintaining New York State's Criminal History Records. . Prospective employee is fingerprinted. . CJS would do the fingerprint and background checks of prospective employees. '\ MANDATING BACKGROUND CHECKS FOR TOWN EMPLOYEES TO: FROM: DATE: Joe Ruggerio, Supervisor and Town Board James P. Horan, Esq. August 28, 2006 Genesis for Proposed Local Law · Memo from Commissioner of Dutchess County Department of Personnel Outlining Available resources · Town Code Does Not Provide for Background Checks for Prospective Employees. · Background Checks Would Help Protect the Public · Supervisor Ruggerio requested drafting of new local law to be patterned on Dutchess County Provisions Dutchess County Provisions · Dutchess County has created its personnel policy and procedures for County Employees by Executive Action. · No Local Law enacted by Dutchess County. · County Department of Personnel administers provisions for background checks. · County employees are required to be fingerprinted and fingerprint cards (2) are sent to New York State Department ofCriminal.fustice Services (CJS) in Albany. CJS forwards one card to the FBI. · A number of employees are trained to do fingerprinting, process requests and review returns from CJS. Town Powers More Limited · Town is Limited by Civil Service Law, County is not. · Town employees in Civil Service positions, exempt from Local Law. Civil Service Law S 50 governs. · Elected Officials exempt from Local Law · Appointed Officials exempt from Local Law i.e., Planning Boarrl, Zoning Board of Appeals · Would not apply to employees covered by collective bargaining agreement · Town must create Local Law to do background checks. · Town must enter into a contract with CIS. Criminal History Record Check · CJS is responsible for maintaining New York State's Criminal History Records. · Prospective employee is fingerprinted. · CJS would do the fingerprint and background checks of prospective employees. · CJS creates the RAP sheets when someone is arrested. · Fingcrprints are used to detect the use of an alias. · $75 fcc pCI' fingerprint check. · If a criminal history is found, it is not an absolute bar on employment. Corrections Law S 752 provides that an employee may only be denied employmcnt when: (I) there is a direct relationship between one or more of the previous criminal offenses and the employment sought; or (2) the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. · Corrcctions Law S 753 sets out factors for consideration. (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought. (c) The bearing, ifany, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behaJt~ in regard to his rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. · Certificate of relief from disabilities or a certificate of good conduct must be considered. These documents are issued by sentencing Court to remove effects of the conviction. · Executive Law S 296(16) prohibits discrimination based on the fact that a pcrson has been arrested, but subsequently had the case dismissed. Additional Checks · In addition to criminal history check, it is suggested that: -(1 DMV drivers' abstract be run for employees who will utilize Town vehicles, -educational check to verify education particulars -military service check to determine the circumstances of separation from the military. Summarv -. . Local Law \Vould Apply to only those employees who are not elected, not appointed, and not in Civil Service positions. . If implemented would require training of several individuals to do fingerprinting.