[Amended 2-17-2004 by Ord. No. 2-04]
The Chief of Police of the Borough of Mendham, with regard to volunteers,
and the Borough Administrator, with regard to applicants for paid positions,
shall receive and review the results of the criminal history checks. The Borough
Administrator shall recommend either approval or disapproval of each applicant
for employment to the Borough Council, and the Chief of Police shall recommend
either approval or disapproval of each applicant for a volunteer position
to either the applicable membership committee or to the Borough Council, as
the case may be, within six weeks from the submission of the application for
the criminal history check. The Borough Administrator or the Chief of Police,
as applicable, shall provide a written explanation for each recommendation
of disapproval in writing to the Borough Council or to the applicable membership
committee, and shall forward a copy to the applicant. When reviewing a record
with one or more convictions, the Borough Administrator or the Chief of Police,
as applicable, shall consider the following:
A. The nature and responsibility of the applicant's
prospective position;
B. The nature and seriousness of the offense;
C. The circumstances under which the offense occurred;
E. The age of the applicant when the offense was committed;
F. Whether the offense was repeated;
G. Social conditions which may have contributed to the offense;
and
H. Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational education, successful participation
in correctional work-release programs, or the recommendation of persons who
have supervised the applicant.
An applicant receiving a recommendation of disapproval from the Borough
Administrator or the Chief of Police, as applicable, may appeal by submitting
a letter explaining the basis for his or her appeal to the Borough Council
if for employment, or the applicable membership committee or Borough Council,
as the case may be, if for a volunteer position. Such an appeal must be made
within 20 days of the applicant's receipt of written notice of the recommendation
of disapproval. If the applicant challenges the accuracy of the conviction
information obtained by the criminal history check, he or she shall be afforded
a reasonable period of time to attempt to correct the record. If the applicant
merely challenges the propriety of the Borough Administrator's or Chief
of Police's recommendation, the Borough Council or the applicable membership
committee shall promptly review the appeal and shall notify the applicant
within 30 days of their determination. If no action is taken by the Council
or the applicable committee within 30 days of such an appeal, the recommendation
of disapproval from the Borough Administrator or the Chief of Police shall
be deemed affirmed.