[Adopted 9-13-2006 by Ord. No. 832-2006]
Request for criminal background checks; costs.
The Borough requires that all employees and volunteers, 18 years of
age and older, of any Borough-sponsored program, sports, recreation,
or otherwise, involving minors request, through the Recreation Committee,
that the State Bureau of Identification within the Division of State
Police conduct a criminal history record background check on each
prospective and current employee or volunteer of the organization.
A. The Division of State Police shall inform the Northvale Police Department and the employee and/or volunteer if the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as set forth in §
74-3 of this article.
B. The Recreation Committee and/or the Police Department
shall conduct a criminal history record background check only upon
receipt of a written consent to the check from prospective or current
employee or volunteer.
C. The Borough shall bear the costs associated with conducting
the criminal history record background checks.
If this criminal history record may disqualify
an applicant or existing employee or volunteer for any purpose, the
disqualified person shall have an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The disqualified person shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record.
[Adopted 12-26-2017 by Ord. No. 984-2017]
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH EMPLOYEE
All current or prospective salaried officers and employees
of the Borough, including, but not limited to, employees within the
Police Department, Department of Public Works, Building Department,
Board of Health, library, as well as employees and volunteers in the
Fire Department, Fire Prevention Bureau and Ambulance Corps, except
those personnel exempted herein.
The personnel of the Borough hereinafter designated shall be
exempt from the provisions of this article:
B. The Borough
Engineer, Borough Attorney, Borough Auditor, Board of Adjustment Attorney,
Planning Board Attorney and Borough Judge.
C. Professional
consultants or counsel rendering professional services.
The Borough requires that all current and prospective Borough
employees, 18 years of age and older, as hereinabove defined, annually
submit a signed consent to the Borough to conduct a criminal history
background check and a motor vehicle record background check to the
extent permissible by law.
A. For all
prospective employees, the Borough shall abide by N.J.S.A. 34:6B-11
et seq., otherwise known as the "New Jersey Opportunity to Compete
Act" (the “Act”). Consistent with this Act, no criminal
background checks shall be completed until after the initial employment
application process as defined in N.J.A.C. 12:68-1.2 set forth below.:
INITIAL EMPLOYMENT APPLICATION PROCESS
The period beginning when an applicant for employment first
makes an inquiry to an employer about a prospective employment position
or job vacancy or when an employer first makes an inquiry to an applicant
for employment about a prospective employment position or job vacancy,
and ending when an employer has conducted a first interview of an
applicant for employment, whether the interview has been conducted
in person or by any other means.
B. The Borough
shall conduct a criminal history record background check and motor
vehicle record background check only upon receipt of a written consent
from the prospective or current employee.
C. The Borough
shall bear the costs associated with conducting the criminal history
and motor vehicle record background checks.
D. Prospective
or current Borough employees shall submit their name, address, other
required information and written consent to the Borough for the criminal
history and motor vehicle record background check to be performed.
The prospective or current Borough employee shall provide the Borough
with all reasonable assistance to obtain background documentation/information.
E. The Division
of State Police shall inform the Northvale Police Department and the
Borough employee if the person's criminal history or motor vehicle
record background check reveals a conviction of a crime or offense
or motor vehicle violation.
F. The Police
Department shall act as a custodian of records for the collection
of information obtained as a result of conducting criminal history
or motor vehicle record background checks pursuant to this article.
The Borough shall limit its use of criminal history or motor
vehicle record information solely to the authorized purpose for which
it was obtained, and criminal history or motor vehicle 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.