Except as otherwise provided by law, all officers and employees employed by the Township, or to be employed by Township, shall be bona fide residents of the Township prior to the announced closing date for applicants for a position and continue such residency through the date of permanent appointment. For purposes of this section, a "bona fide resident" is a person having a permanent domicile within Township of Long Beach and one which has not been secured with the intention of complying with this requirement and thereafter, taking up or claiming a previous residence acquired outside the boundaries of Township. This shall not apply to officers or employees of Township employed prior to July 6, 2004. Employment by Township must also comply, to the extent required, with the New Jersey First Act, N.J.S.A. 52:14-7.
Applicants for the position of officer or employee within the Township are limited to residents of the Township; provided, however, that if there is an insufficient number of qualified residents for the available positions with the Township, the eligibility list shall be opened to qualified nonresidents in accordance with this section. Whenever the Commissioner of Revenue and Finance, Commissioner of Public Affairs and Public Safety or the Commissioner of Public Works of the Township, respectively, determine that there cannot be recruited a sufficient number of qualified residents for available, specific positions with the Township in their respective Departments, the Municipal Clerk shall advertise for other qualified applicants. The commissioners, each with respect to their own department, shall thereupon classify all qualified applicants for such positions or employment in the following priority:
All persons who have been extended a formal offer of employment with Township shall be required to report to a physician, designated annually by resolution of the Board of Commissioners, for a medical and physical examination.
The medical and physical examination shall be paid for by Township and the cost thereof shall be charged to the budget of the department for which the employee is offered employment.
Temporary/seasonal employees. All persons who have been made a formal offer of seasonal or temporary employment with Township shall, prior to the start of work, provide to the Business Administrator, on a form provided by the Business Administrator, a statement signed by the applicant's personal physician that he or she has been made aware of the position for which the applicant has been offered employment and does certify that after conducting such medical and physical examinations as he or she may have deemed appropriate, that it is his or her medical opinion that the applicant is physically and medically fit to perform the duties of the job which the applicant has been offered employment, with or without a reasonable accommodation.
Beach patrol. All applicants for the position of life guard or life guard supervisor with the Township's Beach Patrol shall meet all applicable physical agility and any other tests based on the position and/or consistent with business necessity (example: swim test) prior to an offer of employment. Applicant must also possess required certifications. The Beach Patrol Department shall make readily available all criteria and descriptions of testing upon request.
Drug/alcohol test. All persons to whom the Township extends an offer of employment are, to the extent required by the Business Administrator and Township policy, required to submit to a post-offer, pre-employment drug and alcohol test.
In accordance with provisions of the New Jersey "Opportunity to Compete Act," N.J.S.A. 34:6B-11, et. seq. ("Act"), except as otherwise noted below, all persons who have received an offer of employment or offered a position as a volunteer with Township shall, prior to the commencement of such employment, execute the form provided by the Police Department permitting the Police Department to secure a criminal background check on the person. Conviction of any particular crime does not necessarily serve as an absolute bar to the person commencing his or her employment but shall be considered by Township in determining the person's suitability for the position of employment which has been offered. At the discretion of the Commissioner in Charge of the Department, criminal background checks may be performed on all applicants prior to extending an offer of employment for a position exempt from the provisions of the Act, (examples: law enforcement, corrections, the judiciary, homeland security, or emergency management), or required by law, rule or regulation or where an arrest or conviction by the person for one or more crimes or offenses would or may preclude the person from holding such employment as required by law (collectively referred to as an "exempt position").
In accordance with provisions of the Act, all persons employed by the Township on a full-time or permanent part-time basis shall annually execute the appropriate form provided by the Police Department in order to secure a criminal background check; receipt of said form shall be no later than January 15 of each year, and shall be delivered to the Business Administrator. Conviction of any particular crime does not necessarily serve as an absolute bar to the employment.
The Business Administrator shall be the recipient of reports from the result of the background checks, review the results, and shall not disclose such information unless otherwise permitted by this chapter and the law. Background checks, including searches of public records, shall not be performed until after an initial interview, unless the applicant seeks employment for an exempt position. The Business Administrator shall advise the commissioner in charge of the department of the result(s) relating to the applicant, employee, or volunteer. Written information received as a result of a request for criminal history record information for a noncriminal justice purpose is not a public record and shall be destroyed immediately after it has served its authorized purpose, as required by the State Police. Such information shall be kept confidential and shall not be published or disclosed in any manner not consistent with the procedures listed herein. Such information shall not be deemed a public record under P.L. 1963, c.73 (C:47:1A-1, et seq.), as amended, and supplemented by P.L. 2001, c.404 (C:47:1A-5, et seq.).
The Business Administrator (or contractor, if applicable) shall inform the applicant, volunteer, or employee, in writing, of any information that would disqualify the person from working for the Township. Existing employees or volunteers shall be placed on immediate suspension pending the outcome of a hearing or appeal. Employee suspensions may be with or without pay at the discretion of Township.
Conditions under which an employee shall be disqualified from working with children/youth.
An applicant, volunteer, or employee shall be disqualified from employment in a position that relates to any contract, communication, and/or involvement with children/youth/minors if that person's criminal record history background check reveals a record of conviction of any of the following crimes or disorderly persons offenses as defined by New Jersey law or by analogous laws in other states:
Homicide (N.J.S.A. 2C:11);
Assault, reckless endangerment, threats, stalking (N.J.S.A. 2C:12);
Kidnapping (N.J.S.A. 2C:13);
Sexual Offenses (N.J.S.A. 2C:14);
Offenses against the family, children and incompetents (N.J.S.A. 2C:24);
Controlled dangerous substances (N.J.S.A. 2C:35 except for 2C:35-10(a)4);
Robbery (N.J.S.A. 2C:15); or
Theft (N.J.S.A. 2C:20).
A disqualification from any position shall be based only on a conviction for one or more of the above disqualifying crimes and offenses. An acquittal, a dismissal, successful completion of Pre-Trial Intervention (PTI), or an expungement of a criminal offense, including a disqualifying criminal offense, is not a disqualifying conviction.
The commissioner in charge of the department in which the applicant is considered for employment shall decide any and all appeals.
Once an applicant, employee, or volunteer has been notified of a disqualifying conviction, that person has 14 calendar days to file a written notice of appeal with the Business Administrator. The notice of appeal shall include a notice of rehabilitation and/or a notice that the information is inaccurate or incorrect, pursuant to N.J.A.C. 13:59-1.6. During the fourteen-day period listed above, and until the issuance of the decision of the appeals committee, an employee shall be on a suspension with pay, pending the outcome of the notice of appeal.
An employee subject to the New Jersey Civil Service Act and regulations will receive the notices and process, including any right of appeal, required by law.
In making a determination on the appeal, the following information shall be considered:
The nature and responsibility of the position which the convicted individual would hold, has held, or currently holds, as the case may be;
The nature and seriousness of the crime or offense;
The circumstances under which the crime or offense occurred;
The date of the crime or offense;
The age of the individual when the crime or offense was committed;
Whether the crime or offense was an isolated or a repeated incident;
Any social conditions which may have contributed to the commission of the crime or offense;
Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received;
Acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision; and
Any other factor required by law.
The commissioner shall issue a written determination regarding the appeal which sets forth the committee's decision.
Purpose. The purpose of this policy is solely to prevent the potential for preferential treatment of the relatives of government personnel, and it is not the purpose of this policy to deprive any citizen of an equal chance for employment within the Township.
Applicability. The prohibitions set forth in this policy apply solely to employment with the Township and do not apply to appointments to the various boards, commissions, committees and authorities of the Township or employment with the Township established prior to July 6, 2004. Individuals appointed for a set term on or before that date may continue to be hired, re-hired, reappointed, or promoted to any position in the Township without violating this policy provided that elected officials or relatives recuse themselves from any such decisions. This policy shall not apply to seasonal part-time employment, provided that the employment shall not result in a supervisor-subordinate relationship with a relative as that term is defined within this policy.
- ELECTED OFFICIAL
- Persons holding the position of Township Commissioner.
- The spouse, a person related to, or family member of an individual or the individual's spouse, domestic or civil union partner by blood or adoption as a parent, child, brother, sister, legal ward, foster child, legal guardian, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, and other relatives living in the household.
- Any employee of the Township having direct or indirect supervisory duties and powers over another employee or employees, including the ability to exercise authority, oversight, supervision or control, direct or assign work, or make recommendations affecting the terms, conditions, or privileges of employment within a respective Department of the Township.
Restrictions in hiring and promoting employees. The following restrictions shall apply in the hiring and promotions of employees.
Supervision. No elected official or supervisor of the Township shall employ, or nominate, propose, or recommend for employment any relative of the elected official or supervisor for any Township employment position in which that elected official or supervisor serves or over which that elected official or supervisor has supervision.
No elected official or supervisor of the Township shall employ, nominate, propose, or recommend any person for employment if the employment, nomination, proposal, or recommendation for employment of that person is in exchange for or in consideration of:
The employment, nomination, proposal, or recommendation for employment of any relative of the elected official or supervisor; or
The provision of assistance to a relative of the elected official or supervisor in securing employment or contracts with a person engaged in the performance of the contract for the provision of goods or services to the Township.
Applications. Applications for employment submitted by relatives of Township employees holding current supervisory positions will not be accepted for positions in the same department of the Township in which the supervisor works, or where, through promotion, such a situation or relationship could exist.
Promotion of existing employees. No elected official or supervisor in any department may participate in the promotion process or hiring process in that department of any existing employee who is a relative of such elected official or supervisor, as the case may be. Any elected official or supervisor shall abstain from participation in any such personnel action as it applies to such relative.
Bargaining and negotiations. No elected official or supervisor of the Township who has a relative employed within a bargaining unit shall discuss, vote upon, or participate in any way in negotiations, consideration or formulation of proposals or positions, or proposed terms and conditions of employment involving a collective bargaining agreement with the Township; provided, however, that a person may serve as a technical resource so long as no information pertaining to the foregoing topics is disclosed to that person.
Conflicts of interest. No elected official or supervisor of the Township shall employ, nominate, propose, or recommend for employment, promotion, or transfer any relative of the elected official or supervisor for a position of employment with the Township which involves circumstances that place the relatives in a situation of an actual or a reasonably foreseeable conflict of interest.
Relationships. If a marriage or familiar relationship created by marriage creates a prohibited reporting relationship, the Township will explore potential accommodations, including reassignment of one or both employees to available positions for which the employees are qualified.