[1]
Editor's Note: Ord. No. 1001; amended by Ord. No. 1201.
A.
The Borough of Wildwood Crest is a resort destination that provides
various types of recreation programs, and other social activity programs
for individuals. Certain Borough employees and volunteers work closely
with individuals engaged in the recreation programs and social activity
programs, and supervise the activities of individuals engaged therein.
B.
For the safety and well being of the individuals participating in
recreation and social activity programs, it shall be the policy of
the Borough of Wildwood Crest to require applicants selected for employment
in the field (or operation) of recreation and social activity programs,
and for volunteers seeking similar services specified hereinabove,
to complete an "authorization" for release of information from schools,
previous employers, selective service boards, courts, motor vehicle
agencies and probation departments that would be pertinent to qualifying
eligibility for employment and volunteer status.
C.
"Criminal History Background Checks for Non-Criminal Matters" are
permissible under N.J.A.C. 13:59-1.1 through 1.6. N.J.S.A. 15A:3A-1
authorizes nonprofit youth-serving agencies, which provide recreational,
cultural, social or other activities/services to persons under 18
years of age, to conduct criminal history record background checks
on their volunteers and employees. N.J.S.A. 53:1-20.6 authorizes the
Superintendent of the State Police, with the approval of the Attorney
General, to adopt rules and regulations authorizing the dissemination
by the Statute Bureau of Identification of criminal history record
background information requested by state, county and local government
agencies.
D.
For the purposes of the Borough of Wildwood Crest, Borough employees
and applicants are covered by N.J.A.C. 13:59-1.1. Volunteers for recreational
programs are covered by N.J.S.A. 15A:3A-1.
The purpose of this ordinance is to provide for background checks
to be conducted on any adult engaged in youth activities sponsored
by the municipality or sponsored by any other organization that uses
municipal facilities to insure the safety of individuals who participate
in recreation and other social activity programs and to require that
vendors of the municipality or vendor's employees who deal with the
public, including minors, have background checks to provide reasonable
assurance that persons who are participating in social activities
and recreation programs or providing vending services dealing with
the public have been subject to a background check. Background checks
shall be performed as defined herein and in accordance with the Policies
and Procedures Manual of the Borough of Wildwood Crest. All background
checks shall be conducted by the Wildwood Crest Police Department.
[New]
The Background Check Policy for employees shall be as stated
in the current Borough Policy and Procedures Manual on file with the
Municipal Clerk.
[Ord. No. 1215, 4-15-2015]
All employees and volunteers of the Borough of Wildwood Crest
who are required to have a background check and/or fingerprint check
as a condition of their employment or continued employment shall pay
all fees and costs associated with obtaining the background and/or
fingerprint check, which is to be conducted through the New Jersey
State Police, and the completed background/fingerprint test shall
be submitted by the employee or volunteer with their application for
employment or as required for their continued employment with the
Borough of Wildwood Crest.
[Ord. No. 1216, 5-2015]
A.
The Board of Commissioners ordain:
(1)
ADVERTISEMENT
APPLICANT FOR EMPLOYMENT
CRIMINAL RECORD
EMPLOYEE
EMPLOYMENT APPLICATION
INITIAL EMPLOYMENT APPLICATION PROCESS
Definitions relative to certain employment rights of persons
with criminal records, as used in this ordinance:
Any circulation, mailing, posting, or any other form of publication,
utilizing any media, promoting the Borough of Wildwood Crest or intending
to alert its audience, regardless of size, to the availability of
any position of employment.
Any person whom the Borough of Wildwood Crest considers when
identifying potential employees, through any means, including, but
not limited to, recruitment, solicitation, or seeking personal information,
or any person who requests to be considered for employment by the
Borough of Wildwood Crest or who requests information from the Borough
or Wildwood Crest related to seeking employment, and shall include
any person who currently is an employee of the Borough of Wildwood
Crest.
Information collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrest, detentions,
indictments, or other formal criminal charges, and any disposition
arising there from, including acquittal, sentencing, correctional
supervision, release or conviction, including, but not limited to,
any sentence arising from a verdict or plea of guilty or nolo contendere,
including a sentence of incarceration, a suspended sentence, a sentence
of probation, or a sentence of conditional discharge.
A person who is hired for a wage, salary, fee, or payment
to perform work for the Borough of Wildwood Crest, but excludes any
person employed in the domestic service of any family or person at
the person's home, any independent contractors, or any directors or
trustees. The term also shall include interns and apprentices.
A form, questionnaire or similar document or collection of
documents that an applicant for employment is required by the Borough
of Wildwood Crest to complete.
The period beginning when an applicant for employment first
makes an inquiry to the Borough of Wildwood Crest about a prospective
employment position or job vacancy or when the Borough of Wildwood
Crest first makes any inquiry to an applicant for employment about
a prospective employment position or job vacancy, and ending when
an employer has conducted a first interview, whether in person or
by any other means of an applicant for employment.
(2)
Prohibited actions by the Borough of Wildwood Crest during initial
employment application process.
(a)
Except as otherwise provided in this ordinance:
[1]
The Borough of Wildwood Crest shall not require an applicant
for employment to complete any employment application that makes any
inquires regarding an applicant's criminal record during the initial
employment application process.
[2]
The Borough of Wildwood Crest shall not make any oral or written
inquiry regarding an applicant's criminal record during the initial
employment application process.
(b)
Notwithstanding the provisions of subsection A(2)(a) of this section, if an applicant discloses any information regarding the applicant's criminal record, by voluntary oral or written disclosure, during the initial employment application process, the employer may make inquiries regarding the applicant's criminal record during the initial employment application process.
(c)
Nothing set forth in this section shall be construed to prohibit
the Borough of Wildwood Crest from requiring an applicant for employment
to complete an employment application that makes any inquiries regarding
an applicant's criminal record after the initial employment application
process has concluded or from making any oral or written inquiries
regarding an applicant's criminal record after the initial employment
application process has concluded. The provisions of this section
shall not preclude the Borough of Wildwood Crest from refusing to
hire an applicant for employment based upon the applicant's criminal
record, unless the criminal record or relevant portion thereof has
been expunged or erased through executive pardon, provided that such
refusal is consistent with other applicable laws, rules and regulations.
(3)
Prohibitions relative to the Borough of Wildwood Crest advertisements.
(a)
Unless otherwise permitted or required by law, the Borough of
Wildwood Crest shall not knowingly or purposefully publish, or cause
to be published, any advertisement that solicits applicants for employment
where that advertisement explicitly provides that the Borough of Wildwood
Crest will not consider any applicant who has been arrested or convicted
of one or more crimes or offenses. The provisions of this section
shall not apply to any advertisement that solicits applicants for
a position in law enforcement, corrections, the judiciary, homeland
security, or emergency management, or any other employment position
where a criminal history record background check is 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 any law, rule or regulation,
or where any law, rule, or regulation restricts an employer's ability
to engage in specified business activities based on the criminal record
of its employees. Nothing set forth in this section shall be construed
as prohibiting the Borough of Wildwood Crest from publishing, or causing
to be published, an advertisement that contains any provision setting
forth any other qualifications for employment, as permitted by law,
including, but not limited to, the holding of a current and valid
professional or occupational license, certificate, registration, permit
or other credential, or minimum level of education, training or professional,
occupational, or field experience.
(4)
Exceptions to prohibited actions by the Borough of Wildwood
Crest.
(a)
The provisions of Subsection A(3)(a) of this ordinance shall not prohibit the Borough of Wildwood Crest from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's criminal record during the initial employment application process or from making any oral or written inquiries regarding an applicant's criminal record during the initial employment application process if:
[1]
The employment sought or being considered is for a position
in law enforcement, corrections, the judiciary, homeland security
or emergency management;
[2]
The employment sought or being considered is for a position
where a criminal history record background check is 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 any law, rule or regulation,
or where any law, rule, or regulation restricts an employer's ability
to engage in specified business activities based on the criminal records
of its employees; or
[3]
The employment sought or being considered is for a position
designated by the employer to be part of a program or systematic effort
designed predominantly or exclusively to encourage the employment
of persons who have been arrested or convicted of one or more crimes
or offenses.
The Borough of Wildwood Crest adopts this ordinance exclusively
for the regulation of municipal operations in the area of employment
rights within the governing body.
