Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[[1]HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 5-12-2009 by Ord. No. 4198-09.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Employee regulations and benefits — See Ch. 104.
[1]
Former Ch. 88, Officers and Employees, consisting of Art. I, Township Physician, adopted 11-27-1973 by Ord. No. 1378 as Ch. 25 of the 1973 Code; renumbered and amended 1-24-1978 by Ord. No. 1713, as further amended, and Art. II, Public Defender, adopted 11-27-1973 by Ord. No. 1378 as Ch. 27 of the 1973 Code; renumbered and amended 1-24-1978 by Ord. No. 1713, as further amended, was superseded 6-22-2004 by Ord. No. 3884-04. See now § 46-11, Township Physician, and Ch. 62, Office of Municipal Public Defender.
[2]
Editor’s Note: This ordinance superseded former Ch. 88, Criminal History Record Checks, adopted 12-9-2009 by Ord. No. 4167-09.

§ 88-1 Conditions of employment.

The Division Manager of the Division of Human Resources shall require all those whose ages are 18 or over seeking employment with the Township to submit to a physical examination, fingerprinting and to provide a criminal history record as a condition of employment, pursuant to N.J.S.A. 40:48-1.4.

§ 88-2 Exemptions.

Any person who has undergone a federal and state criminal history record check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check within two years, is exempt from the requirements hereunder. Any person who is employed as a full-time staff member by any New Jersey public school district shall be exempt from the requirements hereunder.

§ 88-3 Fingerprinting.

The prospective employee shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations, and shall submit sufficient information on forms supplied by the New Jersey State Police.

§ 88-4 Exchange of data.

The Chief of Police of Toms River is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of the State Police, the Federal Bureau of Investigation or other authorized information providers. Upon receiving the criminal check history, the same shall be provided to the Division Manager of the Division of Human Resources.

§ 88-5 Employment prior to criminal history record check.

If the Township requires the services of a prospective employee prior to receiving a criminal history record, the Division Manager may allow the prospective employee to sign a certification that the signatory has not been convicted of an offense, except for a petty disorderly offense, in this or any other state which will be in effect until a criminal history record is received by the Township.

§ 88-6 Lack of fitness.

Conviction of a crime or offense, excluding petty disorderly offenses as described in Title 2C of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:11-1, et seq., shall constitute a presumptive lack of fitness as a public employee of the Township. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute a crime or offense, excluding petty disorderly offenses shall constitute a presumptive lack of fitness.

§ 88-7 Refusal to constitute automatic dismissal.

Refusal to submit to a criminal history record check and/or physical examination shall constitute an automatic dismissal in prospective employment or employment.

§ 88-8 Appeals.

A. 
Should an applicant be disqualified by the Division Manager of the Division of Human Resources due to a criminal history check, an appeal may be filed within 30 days of receiving notice of the disqualification with the Toms River Township Business Administrator. The appeal shall be heard within 45 days. The applicant by filing his appeal waives his right to privacy as to hearing personnel.
B. 
The Appeals Board shall have three members consisting of the Business Administrator, the Chief of Police and Township Attorney, or their designees.
C. 
The Division Manager of the Division of Human Resources shall present his or her findings to the Board and any and all criminal history records. The appellant may provide additional factors such as the minor nature of any convictions, when the offense occurred, the employment position being sought in relationship to any conviction and whether rehabilitation has successfully occurred.

§ 88-9 Recordkeeping.

Any and all criminal history records supplied to the Division Manager of the Division of Human Resources shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public pursuant to state, federal and local law. The Division Manager of the Division of Human Resources shall take appropriate steps to safeguard such records. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose.

§ 88-10 Costs.

The Township of Toms River shall pay for any costs associated with any physical examination and criminal history records as set forth in this chapter for prospective full-time employees. Prospective part-time employees shall pay all costs relating to a physical examination and criminal history records.

§ 88-11 Background checks.

All Township employees shall be subject to periodic background checks with the State of New Jersey Sexual Offender Registry.

§ 88-12 Violations and penalties.

Any person who violates any provision of this chapter shall be subject to the penalties as set forth in § 1-15 of the Toms River Code.