Editor's Note: See also Section 10-3, Background Checks for Employees and Volunteers.
[Ord. #85-14, § 1]
All officers and employees employed by the City of Ocean City except as otherwise provided in subsections 10-2.5, 10-2.6 and 10-2.7 shall be bona fide residents of the City of Ocean City. A bona fide resident for the purposes of this section shall mean a person having a permanent domicile within the City of Ocean City and one which has not been adopted with the intent to again take up or claiming another residence outside the City.
[Ord. #85-14, § 2]
[Ord. #85-14, § 3]
All nonresidents of Ocean City appointed to positions or employments subsequent to the effective date of this section, except as otherwise provided in subsections 10-2.5, 10-2.6 and 10-2.7 below shall become bona fide residents of Ocean City within one year of their employment.
[Ord. #85-14, § 4]
All officers and employees of the City of Ocean City hired after the effective date of this section, except as otherwise provided in subsection 10-2.7 below, shall remain bona fide residents of the City. Failure of any such employee to maintain residency in Ocean City shall be cause for removal or discharge from such service.
[Ord. #85-14, § 5]
If the City Council and Mayor of Ocean City determine that there cannot be recruited a sufficient number of qualified residents of Ocean City for available specific positions or employment, the City shall advertise for other qualified applicants in the following manner:
Appointments shall be made in the order of the classes listed above beginning with Class 1 and those in each succeeding class in the order listed. Persons in a class shall be appointed to positions or employment only after all qualified applicants in the preceding class or classes have been appointed or have declined the offer of appointment. Any person appointed to such positions or employment who are not residents of Ocean City must as a condition of their continued employment become bona fide residents of Ocean City within one (1) year of their appointment.
[Ord. #85-14, § 6; Ord. #88-3, § 1]
If the governing body and the Mayor determine that there are certain specific positions and employment requiring certain talents or skills which are necessary for the operation of the City and which are not likely to be found among the residents of Ocean City, such positions or employment shall be filled without residency requirements. Persons appointed to such positions or employment who are not residents of Ocean City must as a condition of their continued employment become bona fide residents of Ocean City within one (1) year of their appointment.
In certain specified cases, a waiver, exception, or time extension to the residency requirement can be granted by the Mayor and governing body of Ocean City. A letter of hardship and justification must be processed from the employee, through his/her department head to the Business Administrator. If approved by the Business Administrator, request should be forwarded to the Mayor and governing body for approval of the waiver or time extension to the residency requirements.
[Ord. #85-14, § 7]
[Ord. #03-14, § 1; Ord. #04-06, § 1]
The City of Ocean City is a resort destination that provides various types of recreation programs, and other social activity programs for individuals. City seasonal employees, some full time employees, some part time employees and volunteers work closely with individuals engaged in the recreation programs and social activity programs, and supervise the activities of individuals engaged therein. Additionally, some seasonal employees supervise individuals engaged in the collection of revenues on behalf of the City.
For the safety and well being of the individuals participating in recreation and social activity programs, it shall be the policy of the City of Ocean City to require applicants for certain seasonal employment, and for volunteers for the positions set forth below, to complete an "authorization" for release of information from schools, previous employers, selective service boards, courts, motor vehicle agencies and probation departments that would be pertinent to determining eligibility for employment and volunteer status.
"Criminal History Record Background Checks for Non-Criminal Matters" are permissible under N.J.A.C. 13:59-1.1 through 1.6. N.J.A.C. 15A:3A-1 authorizes nonprofit youth-serving agencies, who provide recreational, cultural, social or other activities/services to persons under eighteen (18) years of age, to conduct criminal history record background checks on their volunteers and employees. N.J.S.A. 53:1-20.6 authorizes the Superintendent of State Police, with the approval of the Attorney General to adopt rules and regulations authorizing the dissemination by the State Bureau of Identification of criminal history record background information requested by State, county and local government agencies; and
For the City of Ocean City's purposes, City employees and applicants are covered by the N.J.A.C. 13:59-1.1. Volunteers for our recreational programs are covered by N.J.A.C. 15A:3A-1.
[Ord. #03-14, § 2; Ord. #11-02, § 2; Ord. No. 18-06]
The purpose of this ordinance is to ensure the safety of individuals that participate in the various types of recreation programs, and other social activity programs which are provided by the City of Ocean City. This objective will be achieved by performing background checks, including but not limited to motor vehicle record checks (MVR's), discussions with parole/probation officers, and prior employers. Background checks will be handled by the City of Ocean City Division of Human Resources. The Division of Human Resources will initiate requests, receive reports, conduct telephone conversations with parole/probation officers. Written information received as a result of a "Request for Criminal History Record Information For A Noncriminal Justice Purpose" will be destroyed immediately after it has served its authorized purpose(s), as required by the State Police.
The Division of Human Resources will discuss with the Department Head the information that is received from the background check. The Division of Human Resources will inform the employee or the volunteer of the results of the background check, either verbally or in writing. If the notification is done verbally, there will be written documentation of the verbal notification. As is the City's normal procedures, the final hiring decision will be made by the Department Head.
[Ord. #03-14, § 3; Ord. #11-02, § 2; Ord. No. 18-06]
An employee or volunteer may be disqualified from serving in such a capacity if that person's criminal record history background check reveals a record of conviction of any of the following crimes and offenses:
Homicide (N.J.S.A. 2C:11);
Assault, endangering, threats (N.J.S.A. 2C:12);
Kidnapping (N.J.S.A. 2C:13);
Sexual Offenses (N.J.S.A. 2C:14);
Robbery (N.J.S.A. 2C:15);
Theft (N.J.S.A. 2C:20);
Offenses Against the Family, Children and Incompetents (N.J.S.A. 2C:24);
Controlled Dangerous Substances (N.J.S.A. 2C:35 except for 2C:35-10A4).
Circumstances surrounding all other convictions will be taken into consideration by the Division of Human Resources and the Department Head when making a decision.
[Ord. #03-14, § 4; Ord. #04-06, § 1; Ord. #05-28, § 1; Ord. #06-16, § 1; Ord. #07-24, § 1; Ord. No. 11-02, § 1; Ord. No. 18-06]
All employees who work for the City of Ocean City shall be subject to the performance of a background check as a condition of employment or continued employment by the City of Ocean City, upon initial hire and every three (3) years thereafter.
[Ord. #03-14, § 5; Ord. #11-02, § 2; Ord. No. 18-06]
Applicants who are not hired or given a volunteer assignment based on the results of a background check may file a request for an appeal by writing to the Division of Human Resources. That appeal request will be considered by an Appeal/Review Committee who will issue a final decision that will be communicated to the applicant in writing. The Appeal/Review Committee will be comprised of a Police Captain, the Business Administrator and the HR Director. If the employee is a member of a Union, the Union President and the Department Head to whom the employee reports or would report, if hired, shall be added to the Appeals Committee.
[Ord. #11-09, § 1]
All employees, officers and Department Heads shall be appointed and promoted by the Mayor, who is the appointing authority. Department Head appointments shall be approved by City Council. Position titles shall conform to the New Jersey Civil Service Act and regulations promulgated by the New Jersey State Civil Service Commission. Employee compensation shall be set by the Mayor except for compensation to be paid to Department Heads, which shall be established by the City Council, and the compensation set by collective bargaining positions.
[Ord. #11-09, § 2]
The City Council shall by resolution adopt and amend from time to time personnel policies and procedures, including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable Federal and State employment-related law. The personnel policies and procedures adopted pursuant to said resolution(s) shall be applicable to all officials, appointees, employees, prospective employees, volunteers and independent contractors of the City.
[Ord. #11-09, § 3]
The Business Administrator shall be responsible to implement and enforce the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between said personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this ordinance shall prevail.