[HISTORY: Adopted by the Board of Commissioners of the Town
of West New York as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-15-2015 by Ord. No. 9/15; amended in its entirety 9-16-2015 by Ord. No. 14/15]
Be it ordained by the Mayor and Board of Commissioners as follows:
[Amended 6-22-2016 by Ord. No. 12/16]
All current and prospective employee and volunteers with the
Town of West New York in positions requiring individual involvement
with children under the age of 18 years shall be subject to criminal
background checks. In order to facilitate such background check, such
persons shall execute the appropriate consent form and provide their
executed consent form to their respective Department Head, who shall
inform the person of the procedures required for completion of the
background check.
[Amended 6-22-2016 by Ord. No. 12/16]
Current employees and volunteers with the Town of West New York
in positions requiring individual involvement with children under
the age of 18 years must execute and submit the appropriate consent
form to their Department Head within 30 days of the effective date
of this article. Should the responsibilities of a current employee
or volunteer change in the future to require involvement with children
under the age of 18, the employee or volunteer will submit to a background
check immediately upon notification of the change of job responsibilities.
Current employees are required to submit to a background check once
during the course of their uninterrupted term of employment with the
Town; current volunteers are required to submit to a background check
once every two years of continuous service with the Town, to be calculated
from the date of submission of the individual's appropriate consent
form.
[Amended 6-22-2016 by Ord. No. 12/16]
Prospective employees and volunteers with the Town of West New
York in positions requiring individual involvement with children under
the age of 18 years must execute and submit the appropriate consent
form to their prospective Department Head within 10 days of submission
of their application for employment or volunteer service. Prospective
employees shall submit to a background check once during the time
of their uninterrupted term of employment. Prospective volunteers
shall submit to a background check upon every two years of continuous
service with the Town, to be calculated from the date of submission
of the prospective employee or volunteer's appropriate consent
form.
The results of the background checks shall not be considered
public information and shall be released only to the Board of Commissioners,
Town Administrator, Police Director, or Town Corporation Counsel,
as needed.
If the Town Administrator or Police Director determines to recommend
the dismissal of or otherwise take adverse action against a current
employee or volunteer, or determines to reject a prospective employee
or volunteer as a result of the information obtained from the background
investigation, the current or prospective employee or volunteer shall
be advised of this fact and the portions of the report upon which
the recommendation is based.
There shall be no right of current or prospective volunteers
who have been dismissed from their position or rejected from appointment
to appeal the decision of the Town Administrator or Police Director.
[Amended 6-22-2016 by Ord. No. 12/16]
With respect to volunteer positions, the costs of the background
checks shall be borne by the Town of West New York. With respect to
prospective Town employees, the costs of the background checks will
be borne by the prospective employee for the position, and the cost
associated with the background check shall be deducted from the first
paycheck received after the background check is conducted. In the
event the prospective Town employee is rejected, the Town may seek
payment for the cost associated with the background check from the
prospective employee. The cost of current employees' background
checks shall be borne by the Town.
[Added 6-22-2016 by Ord.
No. 12/16]
In the event a volunteer, prospective volunteer, employee or
prospective employee is arrested/charged with a crime and/or pleads
to or is found guilty of a crime, the individual shall notify his/her
respective Department Head of same within 24 hours.
