Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
Chapter 24: Criminal Background Checks
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton 11-13-2006 by Ord. No. O-19-06 (Ch. IX of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
Personnel — See Ch. 40.

§ 24-1 Definitions.

As used in this chapter, the following definitions relative to criminal history background checks for employees, appointees and volunteers shall apply:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation's Identification Division and the State Bureau of Identification in the Division of State Police.
DEPARTMENT
The Wharton Police Department.
SBI
The State Bureau of Identification in the Division of State Police.

§ 24-2 Request for criminal background check; costs.

A. 
The Borough shall request that the SBI conduct a criminal history record background check on each prospective Borough employee or appointee and each volunteer involved in any Borough activity, program, committee, board, agency, or in any way serving or associated with the Borough.
B. 
Each prospective employee, appointee and volunteer shall complete all forms necessary to apply to the SBI for a background check with the Department. The Department shall collect all forms necessary to apply and shall submit them to the SBI with a request that the SBI shall forward the information to the Chief of Police. Upon receipt, the Chief shall inform the Borough Administrator whether the person's criminal history record background check reveals a conviction of a potentially disqualifying crime or offense as specified in § 24-3 of this chapter. The Borough Administrator shall review the background check with the Personnel Committee of the Council, which shall determine whether the person's criminal history adversely affects the person's ability to serve in the intended capacity. The determination of the Committee shall be communicated to the Mayor and Council if necessary.
C. 
The Borough shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective employee, appointee or volunteer.
D. 
The Borough shall pay all costs associated with conducting criminal history background checks.

§ 24-3 Conditions for disqualification from service.

A person may be disqualified from serving as a Borough employee, appointee or volunteer if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
A. 
In New Jersey: any crime, attempt or conspiracy to commit any crime of the first, second, third or fourth degree or any disorderly persons offense;
B. 
In any other state or jurisdiction: conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person offenses described in Subsection A of this section.

§ 24-4 Limitations on access; use of criminal history record information.

A. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Borough on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter.
B. 
Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

§ 24-5 Applicant's right to challenge accuracy of report.

If this criminal history record may disqualify an applicant for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time to correct and complete this record. A person shall not be presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.