[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 4-7-2009. Amendments noted where applicable.]
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:
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.
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.
The City of Union City Police Department.
The Union City Department of Recreation and all employees
therein.
A.
The City requires that all City appointees and Department of Recreation
employees covered by this chapter, consent to have the Department
through the State Bureau of Identification in the Division of State
Police conduct a criminal history record background check on themselves
by February 1 of the year of their appointment or reappointment.
B.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 131-4 of this chapter.
C.
The City shall conduct a criminal history record background check
only upon receipt of the written consent to the check from the prospective
or current appointee.
D.
The City shall bear the costs associated with conducting criminal
history background checks for its appointees and employees. The organization
or the organization's prospective employee shall bear the costs
associated with conducting criminal history background checks.
E.
Any appointee or employee in the Department of Recreation failing
to submit to a criminal background check on themselves by August 1
of the year of their appointment or reappointment shall result in
their disqualification from their appointive office, employment and/or
position.
A.
A person shall be disqualified from serving as an appointee or Department
of Recreation employee if that person's criminal history record
background check reveals a record of conviction of any of the following
crimes and offenses as set forth in N.J.S.A. 2C:51-2:
(1)
An offense involving dishonesty or of a crime of the third degree
or above or under the laws of another state or of the United States
of an offense or a crime which, if committed in this state, would
be such an offense or crime;
(2)
An offense involving or touching such office, position or employment;
or
(3)
Such other offenses as the Constitution may provide.
B.
Should a criminal background check be initiated or the results provided
after appointment or Department of Recreation employment has been
made, the results shall be used to assess the appointee's or
Department of Recreation employee's suitability for continued
service in the appointive position, office or continued Department
of Recreation employment. If service pursuant to the appointment or
Department of Recreation employment has begun prior to receipt of
the results of the criminal background check, continued service pursuant
to the appointment or continued Department of Recreation employment
is conditioned upon an acceptable criminal background check.
C.
In the event the appointee fails to voluntarily resign from the appointive
office or Department of Recreation employment, the City shall proceed
according to the procedures set forth in N.J.S.A. 2C:51-2 et seq.
A.
Appointees or Department of Recreation employees shall submit their
name, address, fingerprints and written consent to the organization
for the criminal history record background check to be performed.
The appointee or Department of Recreation employee shall submit this
documentation to the Union City Chief of Police who shall coordinate
the background check in accordance with the rules and regulations
promulgated by the Attorney General.
B.
The 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 chapter.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel of the City, 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 personnel shall limit their use of the criminal history record
background check solely to the authorized purpose for which it was
obtained, and the criminal history background check 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.
C.
Pursuant to state law, including the Open Public Records Act, N.J.S.A.
47:1A-1 et seq., any criminal history record background check shall
not be a public record nor disseminated or released to the public
in any way.
A.
If this criminal history record may disqualify an appointee or Department
of Recreation employee for any purpose, the person making the determination
shall provide the appointee or Department of Recreation employee with
an opportunity to review and challenge the accuracy of the information
contained in the criminal history record background check. The appointee
or Department of Recreation employee shall be afforded a reasonable
period of time to correct and/or 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.
B.
Individuals shall be made aware of the criminal background check
procedures during the appointive or employment process. Appointment
to, or Department of Recreation employment or continued service pursuant
to the appointment, or continued Department of Recreation employment,
is contingent upon an acceptable criminal background check, and any
written acceptance of appointment, or Department of Recreation employment,
must contain notice of this contingency. Criminal background checks,
when possible, shall be completed within 30 days of the consent of
the appointee or Department of Recreation employee.
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:
(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).
