WHEREAS, the Town of West New York recognizes that many of its
residents do not have access to various forms of identification and
therefore have difficulty obtaining services and access to health
care, as well as entry into public/government buildings; and
WHEREAS, the Town of West New York also recognizes that many
of its residents are undocumented and therefore are unable to obtain
and produce acceptable documentation, resulting in greater difficulty
in obtaining, for example, services and access to health care; and
WHEREAS, the availability of an identification card issued by
the Town of West New York will be helpful to many residents and immigrants:
As used in this chapter, the following terms shall have the
meanings indicated:
CARE ADDRESS
The authorized use of an address by a Town agency, hospital,
private or public shelter, nonprofit organization or religious institution
in West New York serving homeless individuals or survivors of domestic
violence.
CARE ADDRESS LETTER
A letter from a Town agency, hospital, nonprofit organization,
private or public shelter, nonprofit organization, or religious institution
in West New York, New Jersey, authorizing the use of address. The
letter must indicate the applicant has received services from the
entity for the past 15 days and may use the entity's address
for mailing purposes (dated within 15 days). The address on the WNYID
card will be "care of" the organization.
CARE OF ORGANIZATION
The Town agency, hospital, private or public shelter, nonprofit
organization, or religious institution in West New York, New Jersey,
serving homeless individuals or survivors of domestic violence.
RESIDENT
A person who can establish that he or she currently resides
in the Town of West New York.
TOWN
Unless otherwise identified shall solely mean the Town of
West New York.
In order to obtain a Town of West New York identification card,
an applicant must establish the identity and residency within the
Town of West New York as follows:
A. Proof of identity. The Town of West New York Identification Card
Program will use a point system to determine if applicants are able
to prove identity and residency in West New York, New Jersey. In order
to establish identity, an applicant shall be required to produce one
or more of the following documents: an unexpired U.S. or foreign passport;
an unexpired U.S. driver's license; an unexpired U.S. boater's
license; a voter registration card; a valid U.S. state corrections
identification card; a formerly incarcerated release form; an unexpired
U.S. state identification card; a U.S. permanent resident card; a
consular identification card; a photo identification card with name,
address, date of birth, and expiration date issued by another country
to its citizens or nationals as an alternative to a passport for reentry
to the issuing country; a certified copy of a U.S. or foreign birth
certificate; a social security card; a national identification card
with photo, name, address, date of birth, and expiration date; a valid
foreign driver's license; a U.S. or foreign military identification
card; a current visa issued by a government agency; a current U.S.
work permit; a U.S. Individual Taxpayer Identification Number ("ITIN")
authorization letter; an electronic benefit transfer (EBT) card; or
any other documentation that the Administering Department deems acceptable.
If the individual is a minor, proof must be furnished on behalf of
said minor by the individual's parents or legal guardian or by
a court of competent jurisdiction. The Administering Department shall,
through the policy and procedure it establishes, create a point system
to ensure uniformity and nonbiased requirements by which individuals
may establish identity and residency. The Administering Department,
through its policies and procedures, shall determine the weight to
be given to each type of document provided in this subsection and
require that at a minimum an applicant produce more than one document
to establish identity.
B. Proof of residency. In order to establish residency, an applicant
must present one or more of the following items showing both the applicant's
name and residential address located within the Town: a utility bill,
a local property tax statement or mortgage payment receipt; a bank
account statement; proof that the applicant has a minor child currently
enrolled in a school located within the Town; an employment pay stub;
a jury summons or court order issued by a state or federal court;
a federal or state income tax or refund statement; an insurance bill
(homeowner's, health, life or automobile insurance); a care address
letter confirming residency; and any other document the Administering
Department determines is acceptable, which shall be set forth in the
policies and procedures it promulgates. The Administering Department
shall create, through its policies and procedures, alternative methods
to establish residency, notwithstanding the lack of a fixed address.
The Administering Department may consider a care address acceptable
for the homeless and domestic violence applicants.
C. All Town of West New York departments shall accept the West New York
municipal identification card as proof of identity and residence for
access to Town services and benefits unless such acceptance is prohibited
by federal or state law or unless the department or authority has
reason to suspect fraud by the purported cardholder. The Town of West
New York shall take reasonable efforts to promote the acceptance of
the card by banks and other public and private institutions and publicize
the benefits associated with the Town of West New York identification
cards.
The records relating to the application and issuance of the
Town of West New York identification cards shall be maintained in
accordance with law.
A. The Town of West New York shall make best efforts to protect the
confidentiality of all municipal card applicants to the maximum extent
allowable by federal and state law. The Town of West New York shall
not disclose personal information obtained from an applicant for a
Town of West New York municipal identification card to any individual,
public, or private entity, unless required by a court of competent
jurisdiction, or authorized in writing by the individual to whom such
information pertains, or when such individual is a minor, or is otherwise
not legally competent, by such individual's parent or legal guardian;
when so ordered by a court of competent jurisdiction; to a requesting
Town department for the limited purpose of administering the program
or determining or facilitating the applicant's eligibility for
additional benefits or services or care and provided that such disclosure
is made in accordance with all applicable federal and state privacy
laws and regulations.
B. The Administering Department shall not retain original documents
or copies of documents provided by an applicant to prove identity
or residency when applying for a West New York identification card.
The Administering Department shall report monthly to the Municipal
Administrator and the Board of Commissioners data outlining how many
West New York identification cards have been dispensed by the Town.
The report shall only include information pertinent to determine the
effectiveness of the overall program.