Borough of Northvale, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sex offenders — See Ch. 153.
[Adopted 9-13-2006 by Ord. No. 832-2006]
Request for criminal background checks; costs. The Borough requires that all employees and volunteers, 18 years of age and older, of any Borough-sponsored program, sports, recreation, or otherwise, involving minors request, through the Recreation Committee, that the State Bureau of Identification within the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
A. 
The Division of State Police shall inform the Northvale Police Department and the employee and/or volunteer if the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as set forth in § 74-3 of this article.
B. 
The Recreation Committee and/or the Police Department shall conduct a criminal history record background check only upon receipt of a written consent to the check from prospective or current employee or volunteer.
C. 
The Borough shall bear the costs associated with conducting the criminal history record background checks.
A. 
Prospective or current employees and volunteers of Borough-sponsored programs involving minors shall submit their name, address, fingerprints, other required information and written consent to the Recreation Committee for the criminal history record background check to be performed. The Recreation Committee shall submit this documentation to the State Bureau of Identification.
B. 
The Police Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this article.
A. 
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(1) 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A., 2:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A., 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1 et seq.
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10.
(2) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A of this section.
B. 
For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a nonprofit youth-servicing organization and/or the employee or volunteer involved with Borough-sponsored programs involving minors, the Borough shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record.
C. 
The determination of whether the information contained in the criminal history record is sufficient to disqualify an employee or volunteer shall be made by the state police. Any employee or volunteer dissatisfied with the determination shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to this article.
A. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to the Police Department, as authorized by federal or state statute, rule or regulations, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this article.
B. 
The Police Department shall limit its use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
If this criminal history record may disqualify an applicant or existing employee or volunteer for any purpose, the disqualified person shall have an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The disqualified person shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
[Adopted 12-26-2017 by Ord. No. 984-2017]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH EMPLOYEE
All current or prospective salaried officers and employees of the Borough, including, but not limited to, employees within the Police Department, Department of Public Works, Building Department, Board of Health, library, as well as employees and volunteers in the Fire Department, Fire Prevention Bureau and Ambulance Corps, except those personnel exempted herein.
The personnel of the Borough hereinafter designated shall be exempt from the provisions of this article:
A. 
Elected officials.
B. 
The Borough Engineer, Borough Attorney, Borough Auditor, Board of Adjustment Attorney, Planning Board Attorney and Borough Judge.
C. 
Professional consultants or counsel rendering professional services.
The Borough requires that all current and prospective Borough employees, 18 years of age and older, as hereinabove defined, annually submit a signed consent to the Borough to conduct a criminal history background check and a motor vehicle record background check to the extent permissible by law.
A. 
For all prospective employees, the Borough shall abide by N.J.S.A. 34:6B-11 et seq., otherwise known as the "New Jersey Opportunity to Compete Act" (the “Act”). Consistent with this Act, no criminal background checks shall be completed until after the initial employment application process as defined in N.J.A.C. 12:68-1.2 set forth below.:
INITIAL EMPLOYMENT APPLICATION PROCESS
The period beginning when an applicant for employment first makes an inquiry to an employer about a prospective employment position or job vacancy or when an employer first makes an inquiry to an applicant for employment about a prospective employment position or job vacancy, and ending when an employer has conducted a first interview of an applicant for employment, whether the interview has been conducted in person or by any other means.
B. 
The Borough shall conduct a criminal history record background check and motor vehicle record background check only upon receipt of a written consent from the prospective or current employee.
C. 
The Borough shall bear the costs associated with conducting the criminal history and motor vehicle record background checks.
D. 
Prospective or current Borough employees shall submit their name, address, other required information and written consent to the Borough for the criminal history and motor vehicle record background check to be performed. The prospective or current Borough employee shall provide the Borough with all reasonable assistance to obtain background documentation/information.
E. 
The Division of State Police shall inform the Northvale Police Department and the Borough employee if the person's criminal history or motor vehicle record background check reveals a conviction of a crime or offense or motor vehicle violation.
F. 
The Police Department shall act as a custodian of records for the collection of information obtained as a result of conducting criminal history or motor vehicle record background checks pursuant to this article.
A. 
A Borough Employee may be disqualified, disciplined, and/or terminated if that person's criminal history record background check reveals a lack of good moral character, willful falsification of any information on the application for appointment submitted in accordance with this article, or convictions for the below specified crimes or offenses:
(1) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11 et seq. (criminal homicide), N.J.S.A. 2C:12-1 et seq. (assault; stalking, reckless endangering; threats), N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses), N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et seq. (robbery); or
(2) 
Involving a first, second, third or fourth degree crime or any indictable level crime; or
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(4) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes; or
(5) 
Involving any offense related to fires, arson, fire starting or false public alarms; or
(6) 
Involving any crime or offense that touches upon the ability to properly and adequately serve as a firefighter; or
(7) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described above.
(8) 
The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify, discipline, or terminate a Borough employee as indicated herein.
B. 
Refusal to submit to a background check shall result in the immediate disqualification and/or discipline (including termination) of a Borough employee.
C. 
For purposes of interpreting the information recorded in a criminal history record, the Borough shall presume that the Borough employee is innocent of any charges or arrest for which there is no final disposition on the record.
D. 
In the event that a Borough employee’s motor vehicle record background check reveals violations of moving violations under Title 39 of the New Jersey Statutes or convictions for driving while intoxicated, or similar violations under any other state or jurisdiction, the Mayor and Council may restrict or prohibit such Borough employee from the use of a motor vehicle while performing Borough business or take such other disciplinary (including termination) action as the Mayor and Council may deem appropriate.
E. 
The determination of whether the information contained in the criminal history or motor vehicle record is sufficient to disqualify the appointment of a prospective employee or to discipline or terminate a current employee shall be made by the Mayor and Council.
The Borough shall limit its use of criminal history or motor vehicle record information solely to the authorized purpose for which it was obtained, and criminal history or motor vehicle record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
A. 
If the criminal history or motor vehicle record information may disqualify a prospective or existing employee for any purpose, or subject such employee to discipline, the prospective or current employee shall have an opportunity to contest or challenge the accuracy of the information contained in the criminal history record and shall be afforded a reasonable period of time to correct and contest this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
B. 
In the event that a prospective or existing employee contests his or her record, the determination of whether the information contained in the report/record is accurate and disqualifying, requiring discipline or termination, shall be made by the Mayor and Council.