[HISTORY: Adopted by the North Wildwood City Council 4-14-2015 by Ord. No. 1671.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 71.
Police Department — See Ch. 75.
Criminal registration — See Ch. 204.
Drug-free zones — See Ch. 214.
Parks — See Ch. 322.
[1]
Editor's Note: This ordinance also repealed former Ch.
203A, Criminal History Record Checks, adopted 6-17-2014 by Ord. No.
1650.
In recognition of the dangers that persons convicted of certain
offenses may pose to the community, the City of North Wildwood seeks
to be proactive. To that end, the City Council believes that it is
appropriate and in the interest of the health, safety and welfare
of the residents of the City of North Wildwood to put into place procedures
to conduct background checks on all City employees as well as volunteers
who will, in the performance of their duties, have regular contact
with children. The City Council has the utmost respect for the volunteers
and employees of the City. This chapter will allow the City to ensure
that persons who have been convicted of certain delineated offenses
will be ineligible for City employment and will have an inability
to volunteer for duties that involve contact with children. In this
way, the overriding goal of providing the maximum protection to the
public at large in addition to children participating in City programs
will be codified and subject to continuing oversight.
Unless otherwise specifically defined herein, words and phrases
in this chapter shall be interpreted so as to give them the meaning
that they have in common usage and to give this chapter its most reasonable
application. The following terms shall have the meanings indicated:
The determination of whether a person has a criminal record
by cross-referencing that person's name and/or fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
Any programs organized and directed by the City Recreation
Department or any other City department for children who are under
the age of 18.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the New Jersey
State Police SBI Criminal History Information System, the National
Law Enforcement Telecommunications System or other states' computerized
repositories containing criminal history record information consisting
of identifiable descriptions and notations of arrests, indictments
or other formal criminal charges and any dispositions arising there
from, including convictions, dismissals, correctional supervision
and release.
The City of North Wildwood Police Department.
Any person under 21 years of age.
[Added 12-18-2018 by Ord. No.
1769]
Any purpose, other than administration of criminal justice
purpose, including employment and licensing, for which applicant fingerprints
or name search requests are submitted by authorized requesters, as
required or permitted by a federal or state statute, rule or regulation,
executive order, administrative code provision, local ordinance, resolution
or by this chapter, to the State Bureau of Identification for the
dissemination of criminal history record information.
Any program or event which is organized for the specific
purpose of attracting participation by persons under 18 years of age
which utilizes public land or facilities.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65, as a bureau within the Division of State Police.
A.
Not less than once every three years, all employees of the City of
North Wildwood shall submit to a background check. Failure to so submit
to such background check shall constitute grounds for disqualification
of that individual. Fingerprint background checks shall be required
only when otherwise necessitated by law.
[Amended 12-18-2018 by Ord. No.
1769]
B.
Except in the case of independent contractors and their agents and
employees, all volunteers and/or persons 18 years of age or older,
having direct contact with minors and who are involved in City-sponsored
programs, or other programs specifically organized for participation
by minors, are required to submit to a background check not less than
once every three years. In the case of independent contractors and
their agents and employees, the background check required by this
subsection shall be completed prior to any work or activity performed
pursuant to the terms and conditions of the contract with the City,
and if the term of the contract is in excess of three years then the
background check required by this subsection shall be completed prior
to any work or activity performed pursuant to the terms and conditions
of the contract with the City and not less than once every three years
thereafter. Failure to submit to a background check required by this
subsection shall constitute grounds for disqualification of that individual.
Fingerprint background checks shall be required only when otherwise
necessitated by law.
[Amended 12-18-2018 by Ord. No.
1769]
C.
The City shall conduct a background check only upon receipt of the
written consent to the background check form from the prospective
or current employee or volunteer. In the case of an outside organization
utilizing City facilities for such programs, submission of a list
of applicable persons with a consent form from each person shall be
required prior to approval of such use of City facilities.
D.
The City Police Department shall gather information consistent with
then-current New Jersey State Police protocol as to whether the person's
background check reveals a conviction of a disqualifying crime or
offense as set forth herein below.
E.
The City shall bear the cost associated with conducting this background
check for all employees or volunteers involved in City-sponsored programs
either by direct payment or on a reimbursement basis. Costs associated
with persons required to submit to such background checks who are
not City employees or volunteers but utilize City facilities shall
be borne by such individual or the organization for which such individual
works or volunteers.
F.
Nothing in this chapter shall be interpreted as precluding the City
of North Wildwood from requiring any person subject to the provisions
of this chapter from being required to submit to a background check
on a more frequent basis than otherwise is required by this chapter
if necessary due to extenuating circumstances upon the written approval
of the Chief of Police.
[Added 12-18-2018 by Ord. No.
1769]
A.
A person shall be disqualified from serving as an employee or volunteer
involved with City-sponsored programs or persons involved in other
programs using City facilities specifically organized for participation
by persons under the age of 18 years if that person's background
check reveals a record of conviction of any of the following crimes
or offenses:
(1)
In New Jersey, any crime or disorderly person offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e., criminal
homicide; murder; manslaughter; death by vehicular homicide; aiding
suicide; leaving the scene of a motor vehicle accident); N.J.S.A.
2C:12-1 et seq. (i.e., assault; endangering an injured victim; recklessly
endangering another person; terroristic threats; stalking; disarming
law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq.
(i.e., kidnapping; criminal restraint; interference with custody;
criminal coercion; enticing child into motor vehicle, structure or
isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal
sexual contact; lewdness; juveniles in need of supervision); N.J.S.A.
2C:15-1 et seq. (i.e., robbery; carjacking).
(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. (i.e., bigamy; endangering the welfare of children, incompetent
persons, the elderly or disabled persons; willful nonsupport; unlawful
adoptions; employing a juvenile in the commission of a crime).
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes (i.e., including theft of real or personal property
in excess of $200; receiving stolen property; fencing; theft of services;
shoplifting; computer related theft).
(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.
(e)
Providing alcoholic beverages to minors.
(f)
Sexual offenses, including but not limited to child pornography,
pursuant to N.J.S.A. 2C: 24-1 et seq.
(g)
Selling firearms or other weapons to pursuant to N.J.S.A. 39-9.1;
lewdness and obscenity toward children, pursuant to N.J.S.A. 2C:24-4.
(h)
Involving public indecency as set forth in Chapter 34 of Title
2C.
B.
For purposes of interpreting the information recorded in a background
check to determine the qualifications of the employee or volunteer
involved with City-sponsored programs or persons involved in other
programs using City facilities specifically organized for participation
by persons under the age of 18 years, the City shall presume that
the employee or volunteer is innocent of any charges or arrest for
which there are no final dispositions on the record, except for charges
or arrest for sexual misconduct either in state or without. As to
such charges or arrests, such employee or volunteer is required to
notify the City Administrator immediately following such charge or
arrest.
C.
Notification of a potential disqualification based on the background
check shall be made to the employee or volunteer by the City Administrator
or their designee.
A.
Consistent with written instructions to be established by the Department
which may be changed from time to time so as to remain consistent
with the New Jersey State Police's requirements, prospective
and/or current employees and volunteers of City-sponsored programs
or persons involved in other programs using City facilities specifically
organized for participation by persons under the age of 18 years shall
submit their name, address, fingerprints (where applicable), and written
consent to the City for the background check to be performed. The
City Administrator, or his designee, shall coordinate the background
check.
B.
Such persons shall limit their use of the background check information
solely to the authorized persons for which it was obtained, and criminal
history 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 shall not be disseminated to any
unauthorized persons. This record, in whatever form it exists, including
electronically or via computer, shall be destroyed immediately by
the City 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 background check disqualifies an applicant or existing
employee or volunteer of the City or persons involved in programs
using City facilities for programs specifically organized for participation
by persons under the age of 18 years, the City Administrator or his
designee shall provide the disqualified person with any 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 not
to exceed 30 days.
