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Greenburgh Mandates Background Checks for New Employees

Greenburgh Town Supervisor Paul Feiner. Patch file photo.
Greenburgh Town Supervisor Paul Feiner. Patch file photo.
Town officials in Greenburgh this week adopted a new policy for future full-time and part-time town employees that requires these new hires to undergo a background check.

Town Supervisor Paul Feiner posted about the new rule on Patch Monday night. Not only are regular full- and part-time employees now obligated to undergo a check but also seasonal workers.

The policy is posted below:

TOWN OF GREENBURGH EMPLOYEE CRIMINAL BACKGROUND CHECK POLICY FOR NEW FULL-TIME EMPLOYEES PRIOR TO HIRE AND FOR SEASONAL AND PART-TIME AVAILABLE EMPLOYEES PURPOSE

In order to preserve the safety and well being of the public and government employees in the

Town of Greenburgh, the following policy requires background screening for all part time

available and seasonal employees ages 18 years and older, and all future full-time employees of

the Town.

A. Rehired part-time available and seasonal employees

Annual background checks shall be mandatory for all part-time available and seasonal

employees. All part-time available and seasonal employees 18 years and older will be

required to undergo a criminal background check prior to the beginning of their employment,

even if they have previously been employed by the Town.

B. New Employees.

All applicants for full-time, part-time available and seasonal employment will be required to

have a background check conducted prior to being hired.

IMPLEMENTATION

All applicants for part time available and seasonal employment with any Town of Greenburgh

department will be required to sign an employment application form authorizing the Town of

Greenburgh to order an individual criminal background check.

Background Screening Process

Prior to an offer of employment, the candidate’s application will be sent to the contractor

selected by the Town to perform a criminal background check. The background screening shall

include but not be limited to:

Social Security Verification – This verifies the applicant’s name against the social security

number provided. This helps to eliminate the possibility of false names and/or information.

Address Trace – This verifies the applicant’s current address and identifies previous

addresses. This information is utilized to determine the jurisdiction in which the background

screening is conducted.

State or County “Smart Check” – A Statewide or Countywide (depending on the

jurisdiction) criminal record check is performed to capture all misdemeanor and felony

convictions in the appropriate jurisdiction. Utilizing the “Smart Check” the search is

conducted in the jurisdiction with the longest and the most current residency for the

applicant.

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National Criminal History Database search – There is no one national record check,

whether through the government, or private sector, that identifies every crime ever

committed. However, there are now criminal history databases available that contain

millions of criminal records and cover much of the United States. These databases will be

accessed and used to supplement the local criminal history search.

Sex Offender Registry – Search of the appropriate state sex offender registries based on the

address history.

After the background check is completed, the Department Head or Deputy Department Head of

the hiring department, and Personnel Manager, will receive an Applicant Profile. This profile

will include all relevant information related to the background screening process. If no criminal

record is found, this will be noted, together with the jurisdiction(s) that were searched. If

conviction(s) are found, all details, including charges, court disposition(s), and sentencing will be

provided to the Department Head of the Department to which the applicant has applied for

employment and the Personnel Manager. If the Applicant Profile includes any of the offenses

listed as disqualifications below, the Department Head of the hiring department and the

Personnel Manager will be notified immediately via email that the applicant may be disqualified.

Under no circumstances will an applicant be considered for a position involving interaction with

children if convicted of a crime that was against children, involved violence, or was a sexual

offense.

Criteria for Disqualification/Exclusion

A person may be disqualified if the person has been found guilty following a trial, entered a

guilty plea, or entered a no contest plea to any of the following crimes:

Sex Offenses

Σ All Sex Offenses – Regardless of the amount of time since offense.

Examples include: child molestation, rape, sexual assault, sexual battery, sodomy,

prostitution, solicitation, indecent exposure, etc.

Felonies

Σ All Violent Felonies – Regardless of the amount of time since offense.

Examples include: murder, manslaughter, assault, kidnapping, robbery, burglary, etc.

Σ All other Felonies within the past 10 years.

Examples includedrug offenses, theft, embezzlement, fraud, child endangerment, etc.

Misdemeanors

Σ All violent misdemeanors offenses within the past 5 years

Examples include: simple assault, battery, domestic violence, hit & run, etc.

Σ Two or more misdemeanor drug and/or alcohol offenses within the past 5 years.

Examples include: driving under the influence, simple drug possession, drunk and

disorderly conduct, public intoxication, possession of drug paraphernalia, etc.

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Σ Any other misdemeanor within the past 5 years that would be considered a potential

danger to children or is directly related to the functions of the job for which the applicant

is applying.

Example include: contributing to the delinquency of a minor, providing alcohol to a

minor, theft – if person is handling monies, etc.

Handling of Information

The Department Head or Deputy Department Head of the Department to which the application

was made will administer the process of background checks. He/she will be responsible for

obtaining the employment applications, providing the applications to the contractor doing the

search, and reviewing all information received. He/she, together with the Personnel Manager

from the Comptroller’s Office, are responsible for securing the results of the criminal

background checks in a safe and secure location and keeping them for the time period required

by law, or six years, whichever is greater. All information received as a result of the screening

will be kept confidential. The results will not be disclosed to anyone other than the Department

Head or Deputy Department Head of the hiring Department, the Personnel Manager, Comptroller

and, if applicable, the Appeals Committee.

Should information be found that would disqualify an applicant from being hired, the

Department Head or Deputy Department Head will either reject the application of the individual

without comment, or present the application to the Appeals Committee, described below,

together with her/his reasons for seeking to hire the individual despite such disqualifying

convictions. The Appeals Committee shall render a written decision on such application within

eleven (11) working days after being presented with the requested review application. Failure of

the Committee to render a determination within such period shall constitute a denial of the

appeal.

Appeals Committee

The Background Check Appeals Committee will consist of the Town Attorney, the Town

Comptroller, and the Chief of Police or their designees.

  

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