This chapter applies to criminal history background checks for
all current and future appointees to positions within the City of
Union City on any subsidiary boards, commissions, agencies, committees,
or departments, as well as all employees of the Union City Recreational
Department.
These definitions are relative to criminal history background
checks for all current and future appointees to positions within the
City of Union City on any subsidiary boards, commissions, agencies,
committees, or departments as well as all employees of the Union City
Recreational Department. As used in this chapter, the following terms
shall have the meanings indicated:
APPOINTEE
All City of Union City current and future appointees to positions
within the City of Union City on any subsidiary boards, commissions,
agencies, committees and/or departments.
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, Identification
Division, and the State Bureau of Identification in the Division of
State Police.
DEPARTMENT
The City of Union City Police Department.
Detention and/or arrest without conviction and factors to consider
in evaluating results of criminal background checks shall be as follows:
A. Detention and/or arrest without conviction shall not be grounds for
appointive or Department of Recreation employment decisions and cannot
play a part in the decisionmaking process. Only criminal convictions
or pleas of guilty or nolo contendre will be considered in determining
an appointee's or Department of Recreation employee's suitability
for appointment or Department of Recreation employment or continued
appointment or continued Department of Recreation employment. In assessing
a record of criminal convictions, an appointment or Department of
Recreation employment decision will be made by assessing:
(1) The nature and severity of the offense(s) as well as a variety of
surrounding facts and circumstances, including but not limited to:
(a)
The age of the individual at the time of the offense(s);
(b)
The number of offenses for which the individual was convicted;
(c)
The time which has elapsed since the last offense; and
(d)
Whether the circumstances arose out of an employment and or
appointment situation.
(2) The duties, responsibilities and circumstances of the position or
office for which appointment or Department of Recreation employment
is made, including but not limited to:
(a)
The nature and scope of the position's exposure to the
public and other interpersonal contact;
(b)
The nature and scope of the position's autonomy and discretionary
authority;
(c)
The extent to which the position holds a measure of fiscal responsibility
to the institution;
(d)
The opportunity presented for the commission of additional offenses;
and
(e)
The extent to which acceptable job performance requires the
trust and confidence of the City, its employees, and/or the public.
B. The critical questions that must be answered in order to substantiate
a decision not to appoint or withdrawal of appointment or Department
of Recreation employment under this chapter are:
(1) Whether the nature of the criminal conviction prevents the individual
from performing the job applied for in an acceptable businesslike
manner; and
(2) Whether the offense is job-related, i.e., can the individual perform
the duties of the position in an acceptable manner despite the conviction(s).