[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 12-15-2003
by Ord. No. 22-2003. Amendments noted where applicable.]
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.
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
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.
[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.
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.
