[HISTORY: Adopted by the Mayor and Council of the Borough
of Sea Bright 5-7-2013 by Ord. No. 9-2013. Amendments noted where
applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Criminal history background checks shall be required for all
future appointees to positions within the Borough on any subsidiary
boards, commissions, agencies, committees, or departments and all
employees, as well as all volunteers for various activities in the
Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this chapter, the following terms shall have the
meanings indicated:
All Borough of Sea Bright future appointees to positions
within the Borough 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 Borough of Sea Bright Police Department.
The Borough of Sea Bright employees as well as all volunteers
for various activities in the Borough.
A.
The Borough requires that all Borough appointees, employees and volunteers
covered by this chapter consent to have the Borough, through the State
Bureau of Identification in the Division of State Police, conduct
a criminal history record background check on themselves within 30
days thereof.
B.
The Division of State Police shall inform the Borough whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 14-4 of this chapter.
C.
The Borough 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 Borough shall bear the costs associated with conducting criminal
history background checks for its appointee and/or employee or volunteer.
E.
Any appointee and/or employee or volunteer failing to submit to a
criminal background check on himself/herself prior to his/her appointment
shall result in his/her disqualification from his/her appointment
and/or employment or acceptance of volunteer services.
A.
A person shall be disqualified from serving as an appointee, employee
or volunteer 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;
(3)
A crime of moral turpitude as defined by the New Jersey Criminal
Code; or
(4)
Such other offenses as the New Jersey State Constitution may provide.
B.
Should a criminal background check be initiated or the results provided
after appointment and/or employment or acceptance of volunteer services
in the Borough has been made, the results shall be used to assess
the appointee, employee, or volunteer's suitability for continued
service in the appointive position, office or employment or acceptance
of volunteer services in the Borough. If service pursuant to the appointment,
employment, or ongoing volunteer service in the Borough has begun
prior to receipt of the results of the criminal background check,
continued service pursuant to the appointment and/or employment or
volunteer service in the Borough is conditioned upon an acceptable
criminal background check.
C.
In the event the appointee fails to voluntarily resign from the appointive
office, and/or employment or volunteer service in the Borough, the
Borough shall proceed according to the procedures set forth in N.J.S.A.
2C:51-2 et seq.
A.
Appointees, employees and volunteers in the Borough shall submit
their name, address, fingerprints and written consent to the organization
for the criminal history record background check to be performed.
The appointee, employee, or volunteer in the Borough shall submit
this documentation to the Borough Chief of Police who shall coordinate
the background check in accordance with the rules and regulations
promulgated by the Attorney General, which shall be conducted within
10 calendar days of submission.
B.
The Borough 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
chapter.
A.
Access to criminal history record information for non-criminal-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 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 whatsoever.
A.
If this criminal history record may disqualify an appointee, employee
or volunteer in the Borough for any purpose, the person making the
determination shall provide the appointee, employee or volunteer in
the Borough with an opportunity to review and challenge the accuracy
of the information contained in the criminal history record background
check. The appointee, employee or volunteer in the Borough 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, employment, acceptance of volunteer
services process. Appointment to and/or employment or acceptance of
volunteer services in the Borough or continued service in the appointive
position, office or employment or acceptance of volunteer services
in the Borough is contingent upon an acceptable criminal background
check, and any written acceptance of appointment and/or employment
or volunteer service in the Borough must contain notice of this contingency.
Detention and/or arrest without conviction shall not be grounds
for appointment and/or employment or volunteer service in the Borough
decisions and cannot play a part in the decision-making process. Only
criminal convictions or pleas of guilty or nolo contendre will be
considered in determining an appointee's and/or employee's
or volunteer's suitability for continued service in the appointive
position, office or employment or acceptance of volunteer services
in the Borough.
