N.Y. Executive Law § 837-o: Search for arson and sex offense conviction records of volunteer firefighter applicants

§ 837-o. Search for arson and sex offense conviction records of

volunteer firefighter applicants. 1. Any person who applies for

membership in a fire company, as such term is defined in section three

of the volunteer firefighters' benefit law, or who seeks to transfer as

a member to another fire company, shall be required to authorize the

submission of his or her name and other authorized identifying

information to the division which shall search its files for records

indicating whether the person stands convicted of the crime of arson or

a crime which requires the person to register as a sex offender under

article six-C of the correction law. The chief of the fire company to

which application is made shall provide written notice to the applicant

that a search will be conducted, and if the applicant desires to

proceed, he or she shall complete a search request on the form provided

for this purpose by the division of criminal justice services.

2. Within ten business days of receipt from the applicant, the chief

of the fire company shall send the completed search request form to

either (i) the sheriff's department of the county in which the fire

company is located, or (ii) the office of fire prevention and control,

as follows:

(a) the sheriff's department of the county in which the fire company

is located shall be responsible for receiving the search requests and

processing the search requests with the division within ten business

days of receipt from the chief of the fire company, unless the county

legislative body adopts and files with the office of fire prevention and

control pursuant to the municipal home rule law a local law providing

that the sheriff's department shall not have such responsibility;

(b) in all other instances where a county legislative body has adopted

a local law pursuant to paragraph (a) of this subdivision, the office of

fire prevention and control shall be responsible for receiving search

requests and forwarding the search requests to the division.

The office of fire prevention and control is hereby authorized to

establish a communication network with the division for the purpose of

forwarding search requests and receiving search results pursuant to

paragraph (b) of this subdivision.

3. (a) All searches concerning the application for membership in a

fire company shall be conducted under the provisions of subdivision six

of section eight hundred thirty-seven of this article without the

assessment of any fee to the applicant or fire company and shall pertain

solely to ascertaining whether the applicant stands convicted of arson

or a crime which requires the person to register as a sex offender under

article six-C of the correction law.

(b) The results of the search shall be communicated in writing, within

ten business days of receipt from the division, to the chief of the fire

company from which the search request originated by either the sheriff's

department or the office of fire prevention and control, and shall be

kept confidential by the chief, except as provided in paragraph (c) of

this subdivision. The results of the search shall only state either

that: (i) the applicant stands convicted of arson and/or a crime which

requires the person to register as a sex offender under article six-C of

the correction law, or (ii) the applicant has no record of conviction

for arson or a crime which requires the person to register as a sex

offender under article six-C of the correction law. The results of the

search shall not divulge any other information relating to the criminal

history of the applicant.

(c) At the time an applicant is advised that he or she is ineligible

for membership due to a record of conviction for arson, he or she shall

also be advised of the rights to challenge and appeal the information

contained in the record of conviction as provided in the rules and

regulations of the division. The applicant shall continue to be barred

from membership until all administrative and judicial challenges to the

accuracy of such information or appeals therefrom, are ultimately

resolved in his or her favor, or if such a determination is

unchallenged.

(d) If a person is denied election or appointment as a volunteer

member of a fire company based in whole or in part on the fact that he

or she stands convicted of a crime which requires the person to register

as a sex offender under article six-C of the correction law, he or she

shall be advised by the fire company of the rights to challenge and

appeal the information contained in the record of conviction as provided

in the rules and regulations of the division, and provided by the fire

company with a copy of the criminal history record received by the fire

company and with a copy of sections seven hundred fifty-two and seven

hundred fifty-three of the correction law.