[Adopted 9-4-2012 by Ord.
No. 7-2012]
As used in this article, the following terms shall have the
meanings indicated:
For all prospective employees: a three-member appeals committee
consisting of the Borough Manager and Chief of Police or his designee
and the Mayor or Council designee. The committee shall be charged
with the review of all appeals of any Borough employee whose criminal
history background check reveals a disqualifying criminal conviction.
All full-time, part-time and seasonal employees of the Borough
of Washington.
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 State Bureau of Identification in the New Jersey
Division of State Police.
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
A.
All prospective Borough employees, 18 years of age or older, shall
arrange for a criminal history record background check in accordance
with N.J.A.C. 13:59-1.1 et seq. and with the procedures and guidelines
adopted and set forth by the State Bureau of Identification and the
Borough of Washington. Borough employees currently in their positions
at the effective date of this article shall not be required to undergo
a criminal history record background check.
B.
Any prospective Borough employee who refuses to provide a criminal
history record background check shall not be employed by the Borough.
C.
The Borough Manager may set forth policies and procedures for documenting
compliance with this section which shall not be inconsistent with
this article.
D.
The Borough Manager will provide information to a prospective Borough
employee concerning how to apply for a criminal history record background
check in accordance with state guidelines. Costs for the same shall
be borne by the prospective Borough employee. The prospective Borough
employee shall execute a consent form authorizing the results of the
criminal history record background check to be sent directly to the
Washington Township Chief of Police or his designee. All information
received by the Washington Township Police Department shall be and
remain confidential.
E.
Upon receipt of the results of the criminal history record background
check for a prospective Borough employee, the Washington Township
Chief of Police or his designee shall advise the Borough Manager whether
the individual received a letter of recommendation or nonrecommendation
from the SBI.
F.
If the criminal history record background check results in a letter
of recommendation from the SBI, the Borough shall bear the costs associated
with obtaining the criminal history background check, and the cost
of said check will be reimbursed to the prospective Borough employee
directly by the Borough.
A.
A person shall be disqualified from serving as a Borough employee if that person's criminal history record background check results in a letter of nonrecommendation from the SBI, subject to correction of the criminal history record or appeal in accordance with N.J.A.C 15A:3A-1 et seq. and as provided in § 13-23 below.
B.
In any other state or jurisdiction, conduct which, if committed in New Jersey, would result in a letter of nonrecommendation from the SBI shall also constitute grounds for disqualification, subject to correction of the criminal history record or appeal in accordance with N.J.A.C 15A:3A-1 et seq. and as provided in § 13-23 below.
A.
The Washington Township Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting a criminal history record background check pursuant
to this article. The Washington Township Police Department shall keep
written notifications of the results of a criminal history record
background check on file for three years from the date it was issued
as is necessary to serve its intended and authorized purpose. The
Chief of Police shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common
law or the New Jersey Open Public Records Act.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B.
The Borough Manager may request the Washington Township Police Department
to review its files to determine if there is written notification
on file stating whether a criminal history record background check
of a prospective Borough employee reveals a letter of nonrecommendation
from the SBI or whether the person has affirmatively demonstrated
rehabilitation.
C.
Access to the results of a criminal history record background check
for non-criminal-justice purposes, including licensing and employment,
is restricted to the members of the appeals committee, as authorized
by federal or state statute, rule or regulations, executive order,
administrative code, local ordinance or resolution regarding obtaining
and disseminating of criminal history record information obtained
under this article.
D.
The appeals committee shall limit its use of information from a criminal
history record background check solely to the authorized person for
which it was obtained, and the information furnished shall not be
disseminated to persons or organizations not authorized to receive
the records for authorized purposes. Use of criminal history record
background check record shall be limited solely to the authorized
purpose for which it was given, and it shall not be disseminated to
any unauthorized persons. Any person violating federal or state regulations
governing access to the results of a criminal history record background
check may be subject to criminal and/or civil penalties.
E.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Washington Township Police Department pursuant to the provisions
of this article.
A.
The Borough Manager shall promptly notify an individual whom the
Washington Township Chief of Police or his designee identifies as
having received a letter of nonrecommendation from the SBI in accordance
with N.J.A.C 15A:3A-1 et seq. The individual may obtain a copy of
his or her criminal history record by contacting the SBI in writing.
The individual shall have 30 days from the receipt of notification
from the Borough Manager to correct or complete the criminal history
record or to petition the appeals committee in writing for a review.
The letter of petition shall identify reasons why the review is required
and provide any supporting documentation. Individuals who receive
a letter of nonrecommendation from the SBI will not be permitted to
be employed by the Borough pending correction of the criminal history
record or the results of an appeal to the appeals committee.
B.
Upon receipt of a petition for review of a letter of nonrecommendation,
the appeals committee shall review the petition and any supporting
documentation. The appeals committee, in its discretion, may request
additional information, in writing, from the petitioner and/or interview
the petitioner.
C.
The appeals committee shall permit an individual who corrects or
completes his or her criminal history record to be hired by the Borough
if the correction or completion of the criminal history record results
in a letter of recommendation from the SBI.
D.
The appeals committee may permit an individual who receives a letter
of nonrecommendation from the SBI to be hired by the Borough if it
determines that the petition and supporting documentation provided
by the individual demonstrate clear and convincing evidence of rehabilitation.
In determining whether a person has provided clear and convincing
evidence of rehabilitation, the appeals committee may consider the
following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1
et seq.:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs or the recommendation of those
who have had the person under their supervision.
E.
In all instances, the final determination of whether an individual
will be permitted to be hired by the Borough will lie in the sole
discretion of the appeals committee.
F.
Following its review, the appeals committee shall promptly advise
the individual whether he or she is eligible to be hired by the Borough.
