[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.]
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.
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.
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;
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.
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.