SPECIAL COMMITTEE ON FAMILIES

MEETING

MARCH 21, 2000

 

MEMBERS:         Paul Noto, Chair; Lois Bronz, Amy Paulin

 

GUESTS:          Leonard Spano, County Clerk; Eugene Rogers, Assistant Clerk

 

STAFF:          Sally Schecter

 

The meeting was called to order at 3:05 p.m.  Chair Noto thanked Mr. Spano and Mr. Rogers for coming to the meeting.  The Committee wanted to discuss the process that is used when a person applies for a gun permit.  Mr. Spano replied that the background check is done by the Police but they work with the Clerk's office.  Clerk Spano asked if the committee was talking about the original application or the renewal.  Mr. Noto answered both.  The committee is concerned that people who have Orders of Protection against them are able to obtain a gun permit.  One only needs to file an affidavit and undergo an FBI fingerprint check.  But when the person applies for a renewal, there is a NYSPIN check.  If a person has an order of protection asgainst them, this is when it will show up.  Mr. Spano said a NYSPIN check is done when a person applies for a permit.

 

The Clerk went on to talk about the computerization that is being done in his office.  He said the DA and the Probation Department now have access to the Clerk's electronic files.  The Domestic Violence Department would also like access to the Clerk's files.  This is being worked on now by Dr. Jacknis because the DSS doesn't have access to the County's system.  Mr. Jacknis is developing a secure web application so they will be able to access all the files for their purposes.  Mr. Rogers said that eventually the  Courts would have access to the County system also.  Right now the Courts notify the police department if there is a case of domestic violence and they in turn are supposed to notify the Clerk to revoke a license and the Clerk notifies the County Attorney.  This is the procedure that is followed with any police action.  A question was asked if there have been a lot of revocations so far.  There have been some.  The Committee would like to have a database where an Order of Protection information is stored.  In order to do that the Courts would have to be connected to the County system.  Local police have to report bias crime to the County police.  Could the local police be required to report non-family orders of protection?  If the police are required to do one, why not both?  The County Attorney and Norm Jacknis will be asked to come to a meeting to discuss this. 

 

There was discussion as to why not have the Courts report directly to the Clerk but it was pointed out there would be no enforcement.  The enforcement is not by the County police but by the local police.  The Court is the final resting place for the revocation, not the County Attorney.  But the County Attorney brings the matter to the Court and prosecutes it.  The orders of revocation to the Clerk come from police departments.  The Courts make a decision and hand it down to the police departments and they turn the order of revocation over to the Clerk.   The Clerk’s office receives the majority of revocations from the County police.  If someone wants an order of protection, the Family Court usually gives it to the victim and they tell the victim to give it to the local police.  Sometimes the Court will send it to the police but not all the time.  It really should come from the Family Court to a central repository.  For some reason an order of protection does not go into the State system.  There should be a central repository and that place should be the Clerk’s office.   

 

There are 2 registries – one that the State police has and one that OCA has. 

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Lou D’Aliso will be invited in on April 11 at 3 p.m.  May 2 is Judge Cooney at 12 noon.

 

Alan Scheinkman should come in next week, March 29 at 12:15 to discuss potential legislation regarding orders of protection. 

 

Minutes of March 14 were approved by Amy and seconded by Paul.  Meeting adjourned at 3:42 p.m.