Union City, NJ
Hudson 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 Board of Commissioners of the City of Union City 4-7-2009. Amendments noted where applicable.]
This chapter applies to criminal history background checks for all current and future appointees to positions within the City of Union City on any subsidiary boards, commissions, agencies, committees, or departments, as well as all employees of the Union City Recreational Department.
These definitions are relative to criminal history background checks for all current and future appointees to positions within the City of Union City on any subsidiary boards, commissions, agencies, committees, or departments as well as all employees of the Union City Recreational Department. As used in this chapter, the following terms shall have the meanings indicated:
APPOINTEE
All City of Union City current and future appointees to positions within the City of Union City on any subsidiary boards, commissions, agencies, committees and/or departments.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and the State Bureau of Identification in the Division of State Police.
DEPARTMENT
The City of Union City Police Department.
DEPARTMENT OF RECREATION
The Union City Department of Recreation and all employees therein.
A. 
The City requires that all City appointees and Department of Recreation employees covered by this chapter, consent to have the Department through the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on themselves by February 1 of the year of their appointment or reappointment.
B. 
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 131-4 of this chapter.
C. 
The City shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current appointee.
D. 
The City shall bear the costs associated with conducting criminal history background checks for its appointees and employees. The organization or the organization's prospective employee shall bear the costs associated with conducting criminal history background checks.
E. 
Any appointee or employee in the Department of Recreation failing to submit to a criminal background check on themselves by August 1 of the year of their appointment or reappointment shall result in their disqualification from their appointive office, employment and/or position.
A. 
A person shall be disqualified from serving as an appointee or Department of Recreation employee if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses as set forth in N.J.S.A. 2C:51-2:
(1) 
An offense involving dishonesty or of a crime of the third degree or above or under the laws of another state or of the United States of an offense or a crime which, if committed in this state, would be such an offense or crime;
(2) 
An offense involving or touching such office, position or employment; or
(3) 
Such other offenses as the Constitution may provide.
B. 
Should a criminal background check be initiated or the results provided after appointment or Department of Recreation employment has been made, the results shall be used to assess the appointee's or Department of Recreation employee's suitability for continued service in the appointive position, office or continued Department of Recreation employment. If service pursuant to the appointment or Department of Recreation employment has begun prior to receipt of the results of the criminal background check, continued service pursuant to the appointment or continued Department of Recreation employment is conditioned upon an acceptable criminal background check.
C. 
In the event the appointee fails to voluntarily resign from the appointive office or Department of Recreation employment, the City shall proceed according to the procedures set forth in N.J.S.A. 2C:51-2 et seq.
A. 
Appointees or Department of Recreation employees shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The appointee or Department of Recreation employee shall submit this documentation to the Union City Chief of Police who shall coordinate the background check in accordance with the rules and regulations promulgated by the Attorney General.
B. 
The 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 chapter.
A. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the City, 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 dissemination of criminal history record information obtained under this chapter.
B. 
Such personnel shall limit their use of the criminal history record background check solely to the authorized purpose for which it was obtained, and the criminal history background check 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.
C. 
Pursuant to state law, including the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., any criminal history record background check shall not be a public record nor disseminated or released to the public in any way.
A. 
If this criminal history record may disqualify an appointee or Department of Recreation employee for any purpose, the person making the determination shall provide the appointee or Department of Recreation employee with an opportunity to review and challenge the accuracy of the information contained in the criminal history record background check. The appointee or Department of Recreation employee shall be afforded a reasonable period of time to correct and/or complete this record. A person shall not be presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
B. 
Individuals shall be made aware of the criminal background check procedures during the appointive or employment process. Appointment to, or Department of Recreation employment or continued service pursuant to the appointment, or continued Department of Recreation employment, is contingent upon an acceptable criminal background check, and any written acceptance of appointment, or Department of Recreation employment, must contain notice of this contingency. Criminal background checks, when possible, shall be completed within 30 days of the consent of the appointee or Department of Recreation employee.
Detention and/or arrest without conviction and factors to consider in evaluating results of criminal background checks shall be as follows:
A. 
Detention and/or arrest without conviction shall not be grounds for appointive or Department of Recreation employment decisions and cannot play a part in the decisionmaking process. Only criminal convictions or pleas of guilty or nolo contendre will be considered in determining an appointee's or Department of Recreation employee's suitability for appointment or Department of Recreation employment or continued appointment or continued Department of Recreation employment. In assessing a record of criminal convictions, an appointment or Department of Recreation employment decision will be made by assessing:
(1) 
The nature and severity of the offense(s) as well as a variety of surrounding facts and circumstances, including but not limited to:
(a) 
The age of the individual at the time of the offense(s);
(b) 
The number of offenses for which the individual was convicted;
(c) 
The time which has elapsed since the last offense; and
(d) 
Whether the circumstances arose out of an employment and or appointment situation.
(2) 
The duties, responsibilities and circumstances of the position or office for which appointment or Department of Recreation employment is made, including but not limited to:
(a) 
The nature and scope of the position's exposure to the public and other interpersonal contact;
(b) 
The nature and scope of the position's autonomy and discretionary authority;
(c) 
The extent to which the position holds a measure of fiscal responsibility to the institution;
(d) 
The opportunity presented for the commission of additional offenses; and
(e) 
The extent to which acceptable job performance requires the trust and confidence of the City, its employees, and/or the public.
B. 
The critical questions that must be answered in order to substantiate a decision not to appoint or withdrawal of appointment or Department of Recreation employment under this chapter are:
(1) 
Whether the nature of the criminal conviction prevents the individual from performing the job applied for in an acceptable businesslike manner; and
(2) 
Whether the offense is job-related, i.e., can the individual perform the duties of the position in an acceptable manner despite the conviction(s).