Township of Toms River, NJ
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2023-09-27
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Part I: Administrative Code
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Miscellaneous
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Chapter 88 Criminal History Record Checks and Physical Examinations
- Part I: Administrative Code
- Organization
- Ch 1 General Provisions
- Ch 4 (Reserved)
- Ch 5 Township Council
- Ch 9 (Reserved)
- Ch 10 Office of the Mayor
- Ch 11 (Reserved)
- Ch 12 (Reserved)
- Ch 14 Office of the Municipal Clerk
- Ch 15 (Reserved)
- Ch 18 (Reserved)
- Ch 19 Office of the Tax Assessor
- Ch 21 (Reserved)
- Ch 23 Administrative Organization
- Ch 25 (Reserved)
- Ch 28 (Reserved)
- Ch 31 (Reserved)
- Ch 34 (Reserved)
- Ch 37 (Reserved)
- Ch 40 Department of Administration
- Ch 42 (Reserved)
- Ch 44 Department of Finance
- Ch 46 Department of Human Services
- Ch 47 (Reserved)
- Ch 48 Department of Community Development
- Ch 49 Department of Law
- Ch 50 Department of Law Enforcement
- Ch 52 (Reserved)
- Ch 54 Department of Public Works
- Ch 56 Department of Recreation
- Ch 60 Municipal Court
- Ch 62 Office of Municipal Public Defender
- Ch 63 (Reserved)
- Ch 64 Office of Municipal Prosecutor
- Ch 66 Office of Emergency Management
- Ch 68 Division of Community Service
- Ch 70 (Reserved)
- Ch 71 Statutory Boards and Commissions
- Ch 75 (Reserved)
- Ch 76 Advisory Committees
- Miscellaneous
- Ch 80 Claims Approval
- Ch 83 (Reserved)
- Ch 84 Contracts, Public
- Ch 86 Cooperative Pricing Agreements
- Ch 88 Criminal History Record Checks and Physical Examinations
- § 88-1 Conditions of employment.
- § 88-2 Exemptions.
- § 88-3 Fingerprinting.
- § 88-4 Exchange of data.
- § 88-5 Employment prior to criminal history record check.
- § 88-6 Lack of fitness.
- § 88-7 Refusal to constitute automatic dismissal.
- § 88-8 Appeals.
- § 88-9 Recordkeeping.
- § 88-10 Costs.
- § 88-11 Background checks.
- § 88-12 Violations and penalties.
- Ch 91 (Reserved)
- Ch 94 Defense and Indemnification
- Ch 95 Open Space Trust Fund
- Ch 99 (Reserved)
- Ch 102 (Reserved)
- Ch 104 Employee Regulations and Benefits
- Ch 105 (Reserved)
- Ch 108 Payroll Account System
- Ch 109 Fire Companies
- Ch 114 Fire Districts
- Ch 118 (Reserved)
- Ch 120 Hazardous Materials Management
- Ch 121 Hotels and Motels
- Ch 123 Business, Rental Property and Multifamily Property Insurance Registration
- Ch 124 (Reserved)
- Ch 125 Mutual Aid Agreements
- Ch 128 (Reserved)
- Ch 129 Official Map
- Ch 131 (Reserved)
- Ch 132 Public Records, Inspection and Copying
- Ch 141 Retirement
- Ch 146 (Reserved)
- Ch 147 Salaries and Compensation
- Ch 150 Tax Map
- Ch 152 Volunteer Incentives
- Part II: General Legislation
- Ch 158 Adopt-A-Highway Program
- Ch 159 Alarm Licensing and Operations
- Ch 160 Advertising
- Ch 162 Alcoholic Beverages
- Ch 165 Animals and Animal Establishments
- Ch 170 Auctions and Auctioneering
- Ch 175 Bathing Beaches, Swim Clubs and Swimming Pools, Municipal
- Ch 182 Beaches, Cleaning of
- Ch 185 (Reserved)
- Ch 189 Beach Protection
- Ch 192 Beach Shelters and Tents
- Ch 198 Boat Docks and Bulkheads, Public
- Ch 201 Boat Facility and Bulkhead Construction
- Ch 205 Bridge Area Restrictions
- Ch 210 (Reserved)
- Ch 213 Building Material, Lumber and Plumbing Supply Yards, Secondhand
- Ch 217 Buildings for Public Assemblages, Temporary
- Ch 221 Buildings, Moving of
- Ch 224 Buildings, Numbering of
- Ch 228 Buildings, Unfit and Unsafe
- Ch 232 Burning, Outdoor
- Ch 234 Cannabis
- Ch 238 Carnivals, Circuses and Traveling Shows
- Ch 245 Condominiums
- Ch 252 Construction Codes, Uniform
- Ch 253 Continued Use and Occupancy of Residential Dwellings
- Ch 264 Driveway Accesses and Curbs for Commercial Properties
- Ch 269 Drug-Free Zones
- Ch 273 Dwellings, Design and Appearance of
- Ch 277 Electrical Standards
- Ch 280 (Reserved)
- Ch 287 Fees
- Ch 291 Fences, Plantings and Walls
- Ch 294 Fertilizer
- Ch 295 Filming
- Ch 297 Fire Hydrants and Equipment
- Ch 300 Fire Insurance Claims
- Ch 303 (Reserved)
- Ch 308 Fire Prevention and Protection
- Ch 310 Emergency Medical Services
- Ch 313 Flood Damage Prevention
- Ch 316 Food Stands and Restaurants, Outdoor
- Ch 321 Games of Chance and Amusement Games
- Ch 325 Golf Courses
- Ch 327 Graffiti
- Ch 330 Hazardous and Toxic Materials
- Ch 335 Housing and Rental Property Standards
- Ch 338 Hunting
- Ch 340 Invasive Plants
- Ch 344 Junkyards and Salvage Yards
- Ch 348 Land Use and Development Regulations
- Ch 354 Laser Pointers
- Ch 356 Littering
- Ch 357 Massage Parlors
- Ch 363 Mobile Home Parks
- Ch 368 Nuisances
- Ch 378 Parking Lots at Recreation Areas
- Ch 383 Parks, Municipal
- Ch 388 Peace and Good Order
- Ch 391 Peddling and Soliciting
- Ch 396 (Reserved)
- Ch 399 (Reserved)
- Ch 408 Realty Improvements: Water and Sewage Facilities
- Ch 413 Sales, Special
- Ch 415 Precious Metals and Secondhand Goods
- Ch 417 Septic Tanks, Cesspools and Privy Vaults
- Ch 421 Sewers
- Ch 427 Signs
- Ch 430 Skateboards, Sporting Activities and Hobbyists
- Ch 433 Smoking
- Ch 438 (Reserved)
- Ch 440 Special Improvement District
- Ch 442 Solid Waste
- Ch 447 Street Acceptance Procedure
- Ch 448 Street Vacation Procedures
- Ch 450 Streets and Sidewalks
- Ch 457 Taxicabs and Taxicab Drivers
- Ch 462 Tobacco Products, Sale of
- Ch 465 (Reserved)
- Ch 468 Towing
- Ch 469 Traffic Control Signal Monitoring System
- Ch 471 Trees
- Ch 473 Property Registration Program
- Ch 477 Vehicles and Traffic
- Ch 481 Vehicles, Inoperative
- Ch 485 Vehicles, Sale or Storage on Vacant Land
- Ch 488 Vehicles, Snowmobiles and All-Terrain
- Ch 492 Vehicles, Unlicensed Motor-Driven
- Ch 495 Water Connections
- Ch 497 (Reserved)
- Ch 501 Waterway Control
- Part III: Board of Health
- Ch 512 General Provisions, Board of Health
- Ch 516 Animals
- Ch 520 Communicable Diseases
- Ch 524 Dumping
- Ch 531 Food and Beverage Vending Machines
- Ch 534 Food-Handling Establishments, Retail
- Ch 537 Food, Sale of
- Ch 542 Health Nuisances
- Ch 551 Officers and Employees
- Ch 555 Personnel Policies
- Ch 558 Plumbing Standards
- Ch 561 Privies, Outdoor
- Ch 566 Salaries and Compensation
- Ch 569 Sanitary Facility Certification Fees
- Ch 572 Sewerage Connections
- Ch 575 Slaughtering and Slaughterhouses
- Ch 579 Swimming Pools, Public
- Ch 585 Vital Statistics Certificate Information
- Ch 589 Water Supplies
- Appendix
- Ch A598 Cable Television Franchise
- Ch A602 Names of Major Arteries, Streets and Highways
- Ch A605 Open Video Franchise
- Ch A608 Record of Result of 2006 Election
- Ch A610 Street Name Changes
- Disposition List
- Ch DL Disposition List
[[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.
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.
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.
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.
