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.
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.
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.
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.
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.
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.
Refusal to submit to a criminal history record check and/or
physical examination shall constitute an automatic dismissal in prospective
employment or employment.
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.
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.
All Township employees shall be subject to periodic background
checks with the State of New Jersey Sexual Offender Registry.
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.