[Added 5-6-2009 by Ord. No. 2009-006]
All current Township employees and successful candidates for employment by the Township of West Milford in the Health Department or the Department of Community Services and Recreation or any such department that is or shall be charged with providing services to minors, the elderly, persons who are physically or developmentally disabled or those who are infirm shall be the subject of a background investigation by the West Milford Township Administration Department, subject to the limitations as hereinafter stated. The background check shall be required upon all current Township employees as well as successful candidates, 18 years of age or older, for paid positions with the Township of West Milford, which employment regularly involves contact with minors, the elderly, persons who are physically or developmentally disabled or those who are infirm. This section shall also apply to those individuals, 18 years or older, who contract with the Township to perform work which regularly involves contact with minors, the elderly, persons who are physically or developmentally disabled or those who are infirm.
A. 
All individuals subject to the performance of a background investigation, as set forth above, must consent to submit to a criminal history background check to be conducted through the Township Administration Department within a reasonable amount of time to be determined by the Administration Department. Such applicants shall fully complete the required form(s) made available through the offices of the Department of Administration and return said form(s) to the Township Administrator. Applicants who fail to submit the required form(s) to the Township Administrator or otherwise refuse to consent to or cooperate in securing a criminal history background check shall not be considered for employment by the Township.
B. 
All costs associated with the conducting of the criminal history check(s) and subsequent checks shall be covered by the Township for all of the full-time Township employees required to submit to same pursuant to this article. Part-time employees, contractors and other individuals who are not full-time employees of the Township shall be responsible for the cost of a background check.
A. 
A person may be disqualified from serving as an employee within the Township if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
(1) 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq., such as robbery.
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child.
(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(1) of this section.
B. 
In addition to the aforementioned, failure by an individual to be truthful in disclosing information regarding prior convictions in his/her employment application or failure to submit to a background check within the time frame established by the Department of Administration may be cause for disqualification from service.
A. 
All current and prospective Township employees shall submit their name, address, social security number and written consent to the Township for the criminal history record background check to be performed.
B. 
The Administration 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.
C. 
The Township Administrator or his designee shall coordinate a criminal history record background check every three years after the initial check is performed, with the Township bearing the costs for the subsequent criminal history record background checks.
A. 
Access to criminal history record information for non-criminal-justice purposes, including licensing and employment, is restricted to the Department of Administration, Personnel Coordinator and appropriate department head(s), on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and disseminating criminal history record information obtained under this article.
B. 
Such individuals shall limit their 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. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating the 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 individual for any purpose, the Department of Administration shall provide the applicant with an opportunity to challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time, not to exceed 14 days, in which to correct the record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
Notwithstanding anything herein to the contrary, if such current or prospective employee's criminal history record background check reveals a disqualifying offense, but such person has affirmatively demonstrated rehabilitation, such rehabilitation may be considered as a factor in the determination of whether or not to disqualify such individual from service.
The Township shall only permit the following exemptions under this article:
A. 
Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder until three years have elapsed since the most current background check. Thereafter, those individuals shall be required to submit to additional background checks in accordance with § 33-27C. This section would apply to members of the Township Police Department.