Editor's Note: See also Section 10-3, Background Checks for Employees and Volunteers.
[1]
Editor's Note: This ordinance was adopted on April 25, 1985.
[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,[1] 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.
[1]
Editor's Note: This ordinance was adopted on April 25, 1985.
[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:
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Class 1
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Other residents of Cape May County.
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Class 2
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Other residents of Atlantic and Cumberland County.
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Class 3
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Other residents of the State.
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Class 4
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All other applicants.
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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]
a.
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.
b.
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.
c.
"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
d.
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:
a.
Homicide (N.J.S.A. 2C:11);
b.
Assault, endangering, threats (N.J.S.A. 2C:12);
c.
Kidnapping (N.J.S.A. 2C:13);
d.
Sexual Offenses (N.J.S.A. 2C:14);
e.
Robbery (N.J.S.A. 2C:15);
f.
Theft (N.J.S.A. 2C:20);
g.
Offenses Against the Family, Children and Incompetents (N.J.S.A.
2C:24);
h.
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.
