[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sex offenders — See Ch. 153.
[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.
A.
Prospective or current employees and volunteers of
Borough-sponsored programs involving minors shall submit their name,
address, fingerprints, other required information and written consent
to the Recreation Committee for the criminal history record background
check to be performed. The Recreation Committee shall submit this
documentation to the State Bureau of Identification.
B.
The Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this article.
A.
A person may be disqualified from serving as an employee
or volunteer of a nonprofit youth-serving organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes or offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A., 2:11-1
et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A., 2C:13-1 et seq., N.J.S.A.
2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.
(b)
Against the family, children or incompetents,
meaning those crimes and disorderly persons offenses set forth in
N.J.S.A. 2C:14-1 et seq.
(c)
Involving theft as set forth in Chapter 20 of
Title 2C of the New Jersey Statutes.
B.
For purposes of interpreting the information recorded
in a criminal history record to determine the qualifications of the
employee or volunteer of a nonprofit youth-servicing organization
and/or the employee or volunteer involved with Borough-sponsored programs
involving minors, the Borough shall presume that the employee or volunteer
is innocent of any charges or arrests for which there are no final
dispositions on the record.
C.
The determination of whether the information contained in the criminal
history record is sufficient to disqualify an employee or volunteer
shall be made by the State Police. A challenge to the accuracy of
the report shall be filed with the Municipal Chief of Police, who
shall coordinate the challenge with the appropriate agency.
[Amended 5-13-2020 by Ord. No. 1019-2020]
A.
Access to criminal history record information for
non-criminal justice purposes, including licensing and employment,
is restricted to the Police Department, as authorized by federal or
state statute, rule or regulations, executive order, administrative
code, local ordinance or resolution regarding obtaining and dissemination
of criminal history record information obtained under this article.
B.
The Police Department shall limit its 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 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:
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:
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.
INITIAL EMPLOYMENT APPLICATION PROCESS
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.:
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.
A.
A Borough
Employee may be disqualified, disciplined, and/or terminated if that
person's criminal history record background check reveals a lack of
good moral character, willful falsification of any information on
the application for appointment submitted in accordance with this
article, or convictions for the below specified crimes or offenses:
(1)
Involving
danger to the person, meaning those crimes and disorderly persons
offenses set forth in N.J.S.A. 2C:11 et seq. (criminal homicide),
N.J.S.A. 2C:12-1 et seq. (assault; stalking, reckless endangering;
threats), N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses),
N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et
seq. (robbery); or
(2)
Involving
a first, second, third or fourth degree crime or any indictable level
crime; or
(3)
Involving
theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
or
(4)
Involving
any controlled dangerous substance or controlled substance analog
as set forth in Chapter 35 of Title 2C of the New Jersey Statutes;
or
(5)
Involving
any offense related to fires, arson, fire starting or false public
alarms; or
(6)
Involving
any crime or offense that touches upon the ability to properly and
adequately serve as a firefighter; or
(7)
In any
other state or jurisdiction, conduct which, if committed in New Jersey,
would constitute any of the crimes or disorderly person's offenses
described above.
(8)
The
list of crimes and violations contained in this section is for illustrative
purposes only and shall not be construed as a limitation on those
criminal activities or violations that would be grounds to disqualify,
discipline, or terminate a Borough employee as indicated herein.
B.
Refusal
to submit to a background check shall result in the immediate disqualification
and/or discipline (including termination) of a Borough employee.
C.
For purposes
of interpreting the information recorded in a criminal history record,
the Borough shall presume that the Borough employee is innocent of
any charges or arrest for which there is no final disposition on the
record.
D.
In the event
that a Borough employee’s motor vehicle record background check
reveals violations of moving violations under Title 39 of the New
Jersey Statutes or convictions for driving while intoxicated, or similar
violations under any other state or jurisdiction, the Mayor and Council
may restrict or prohibit such Borough employee from the use of a motor
vehicle while performing Borough business or take such other disciplinary
(including termination) action as the Mayor and Council may deem appropriate.
E.
The determination
of whether the information contained in the criminal history or motor
vehicle record is sufficient to disqualify the appointment of a prospective
employee or to discipline or terminate a current employee shall be
made by the Mayor and Council.
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.
A.
If the
criminal history or motor vehicle record information may disqualify
a prospective or existing employee for any purpose, or subject such
employee to discipline, the prospective or current employee shall
have an opportunity to contest or challenge the accuracy of the information
contained in the criminal history record and shall be afforded a reasonable
period of time to correct and contest this record. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record.
B.
In the
event that a prospective or existing employee contests his or her
record, the determination of whether the information contained in
the report/record is accurate and disqualifying, requiring discipline
or termination, shall be made by the Mayor and Council.
