Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 12-15-2003 by Ord. No. 22-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 20.
First Aid Squad — See Ch. 22.

§ 10-1 Criminal history checks required. [1]

A. 
All applicants for volunteer positions with the Mendham First Aid Squad and any additional first aid squads or companies which may hereafter be established to serve the Borough of Mendham, shall be required to submit to criminal history checks prior to commencing service in accordance with this chapter prior to commencing service.
B. 
Applicants for positions that regularly involve work or contact with minor, elderly or infirm residents, participation in inspections or investigations on private property, or require the collection and handling of municipal funds shall be required to submit to a criminal history check in accordance with this chapter prior to commencing service.
[1]
Editor's Note: See also § 20-6 regarding required background checks for members of the Fire Department.

§ 10-2 Criminal history checks for paid positions.

A. 
Paid positions. Preemployment and pretransfer criminal history checks will be required for all applicants, 18 years of age or older, for paid positions with the Borough, or any local agency, board, commission or department thereof, that regularly involve work or contact with minor, elderly or infirm residents, inspections or investigations conducted on private property, or the collection and handling of municipal funds.
[Amended 5-1-2006 by Ord. No. 3-06]
B. 
Process. Applicants for the paid positions set forth above must consent to a criminal history check to be conducted through the State Bureau of Investigation. The Borough shall cover the cost of the criminal history check. Such applicants shall fully complete Form SBI-212B (available at the Borough Clerk's office) and return said form to the Borough Clerk of the Borough of Mendham. Applicants who fail to submit the required Form SBI-212B or otherwise refuse to consent to or cooperate in securing a criminal history check shall not be considered for appointment

§ 10-3 Criminal history checks for volunteer positions.

A. 
Preservice criminal history checks will be required for all applicants for volunteer positions with the Fire Department and First Aid Squad.[1]
[1]
Editor's Note: See Ch. 20, Fire Department, and Ch. 22, First Aid Squad.
B. 
Process. Applicants for the volunteer positions set forth above must consent to a criminal history check to be conducted through the State Bureau of Investigation. There shall be no charge for the criminal history check. Such applicants shall provide a copy of their application with the volunteer organization to the Office of the Chief of Police of the Borough of Mendham. Applicants who fail to submit the application or otherwise refuse to consent to or cooperate in securing a criminal history check shall not be considered for appointment.

§ 10-4 Criteria for evaluation and recommendation.

[Amended 2-17-2004 by Ord. No. 2-04]
The Chief of Police of the Borough of Mendham, with regard to volunteers, and the Borough Administrator, with regard to applicants for paid positions, shall receive and review the results of the criminal history checks. The Borough Administrator shall recommend either approval or disapproval of each applicant for employment to the Borough Council, and the Chief of Police shall recommend either approval or disapproval of each applicant for a volunteer position to either the applicable membership committee or to the Borough Council, as the case may be, within six weeks from the submission of the application for the criminal history check. The Borough Administrator or the Chief of Police, as applicable, shall provide a written explanation for each recommendation of disapproval in writing to the Borough Council or to the applicable membership committee, and shall forward a copy to the applicant. When reviewing a record with one or more convictions, the Borough Administrator or the Chief of Police, as applicable, shall consider the following:
A. 
The nature and responsibility of the applicant's prospective position;
B. 
The nature and seriousness of the offense;
C. 
The circumstances under which the offense occurred;
D. 
The date of the offense;
E. 
The age of the applicant when the offense was committed;
F. 
Whether the offense was repeated;
G. 
Social conditions which may have contributed to the offense; and
H. 
Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational education, successful participation in correctional work-release programs, or the recommendation of persons who have supervised the applicant.

§ 10-5 Appeal.

An applicant receiving a recommendation of disapproval from the Borough Administrator or the Chief of Police, as applicable, may appeal by submitting a letter explaining the basis for his or her appeal to the Borough Council if for employment, or the applicable membership committee or Borough Council, as the case may be, if for a volunteer position. Such an appeal must be made within 20 days of the applicant's receipt of written notice of the recommendation of disapproval. If the applicant challenges the accuracy of the conviction information obtained by the criminal history check, he or she shall be afforded a reasonable period of time to attempt to correct the record. If the applicant merely challenges the propriety of the Borough Administrator's or Chief of Police's recommendation, the Borough Council or the applicable membership committee shall promptly review the appeal and shall notify the applicant within 30 days of their determination. If no action is taken by the Council or the applicable committee within 30 days of such an appeal, the recommendation of disapproval from the Borough Administrator or the Chief of Police shall be deemed affirmed.