The Greenburgh Town Board has approved a policy requiring background checks for all new full time, seasonal and part time employees.
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
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
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.
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
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
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
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:
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.
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 include: drug offenses, theft, embezzlement, fraud, child endangerment, etc.
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.
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
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
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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