COMMENT ON HIRING FELONS FROM FEB 21, 2015 ARTICLE
Not sure how others feel about it, but it is a little disturbing that it is so hard to find employees in the Security industry in New York, that going to extra lengths to hire Felons is necessary. The decision process required to decide to NOT commit a felony .. rather a DUI or other crime, may well be an indication of their judgment, which is necessary when they have to decide not to take cash off a dresser in a customer’s home .. or help themselves to parts in a warehouse .. or do side jobs .. or use company equipment for their own purposes .. or company vehicles for personal use ..
Look at the amount of NEW alarm equipment sold on eBay .. some of that must be sold by ‘trusted’ employees.
I have to wonder if those same companies would place a statement in bold letters on their Web site that they are currently looking to hire Technicians, Sales reps, office staff, and NOTE that FELON’s are WELCOME to apply. I doubt it would help their sales efforts, and I wonder how our Law Enforcement friends that follow this newsletter feel about it.
People make mistakes, but if they do .. there is a consequence . .. and in my opinion, not working in the SECURITY industry should be one of them .. just saying ..
SCN Security Communication Network, Inc.
Not sure who "CC NY" is, but if he was a member of his local association... Perhaps MBFAA of NY, Inc. he could have gotten the answers...
I commend CC for wanting to give felons a second chance, and he may be able to do so... if... he reads the following... So here goes...
1) "It is the responsibility of licensees to understand the Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems License Law License Law."
2) Not sure if CC is using form DOS 1516-a (Rev. 06/14) Employee Statement for his employees, but he should!
From: Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems (June 2012) New York State DEPARTMENT OF STATE Division of Licensing Services
§195.15 Employee statements
(a) Each business licensed to install, maintain or service security or fire alarm systems shall obtain a complete employee statement from each employee at the time of hiring.
(b) The employee statement shall be a form prescribed by the Department of State, and shall set forth, whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense); and at least the following information:
(1) employee’s full name and residence address;
(2) the business or occupation engaged in for the three years immediately preceding the date of the filing of this statement, setting forth the place or places where such business or occupation was engaged in and the name or names of employers, if any;
(3) that he/she has not been convicted of a felony involving fraud, bribery, perjury or theft or any other misdemeanors or offenses indicated in §69-o(2) of this article;
(4) such further information as the Department of State may by rule require to show the good character, competency and integrity of the person executing the statement.
§69-o§69-o 2. After the filing of an applicant’s fingerprint cards, the Secretary of State shall forward such fingerprints to the Division of Criminal Justice Services to be compared with the fingerprints on file with the Division of Criminal Justice Services in order to ascertain whether the applicant has been convicted of a felony involving fraud, bribery, perjury or theft pursuant to article 140, 155, 160, 165, 170, 175, 176, 180, 185, 190, 195, 200 or 210 of the Penal Law; or has a criminal action which has been pending for such a felony for under one year without a final disposition unless adjourned in contemplation of dismissal; provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such:
(a) A conviction which has been vacated and replaced by a youthful offender finding pursuant to article 720 of the Criminal Procedure Law, or the applicable provisions of law of any other jurisdiction; or
(b) A conviction, the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; or
(c) A conviction for which a certificate of relief from disabilities or certificate of good conduct has been issued pursuant to the Correction Law.
The following is from NYS DOS DLS:
Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems Employee’s Statement
DOS 1516-a (Rev. 06/14) Page 2 of 2
3. Have you ever been convicted of a felony in this State or elsewhere?
4. Have you ever been convicted in this State or elsewhere of:
a. Any offense involving moral turpitude?
b. Illegally using, carrying or possessing a pistol or other dangerous weapon?
c. Making or possessing burglar’s instruments?
d. Buying or receiving stolen property?
e. Unlawful entry of a building?
f. Aiding escape from prison?
g. Unlawfully possessing or distributing habit forming narcotic drugs?
h. Interfering with any person in any place by jostling against such person or unnecessarily crowding him or by placing a
hand in the proximity of such person’s pocket, pocketbook or handbag?
i. Except for minor traffic infractions, have you ever been convicted of any other offense in this State or elsewhere?
CC should now be familiar with the NYS DOS DLS law. If CC is or becomes a member of MBFAA of NY, Inc. we'll be glad to help him.
Alan Glasser, Executive Director, MBFAA of NY, Inc.