The requirements and practices contained in
this article are intended to cover all Borough Employees. Such requirements
may be waived by the Mayor and Council where emergent matters of employment
so require or where the proposed employment is temporary only and
the circumstances require immediate employment.
The Mayor and Council must formally approve
the creation of any new Borough position and authorize the filling
of such position prior to the initiation of employment action. In
addition, there must be provided in the proper current budget account
specific and adequate funds to compensate the appointee.
[Amended 8-12-2010 by Ord. No. 17-10; 9-13-2018 by Ord. No. 22-18]
The Municipal Administrator in conjunction with the Borough
Clerk will coordinate the employment recruitment process for all vacancies
to ensure compliance with contractual, legal, and Equal Employment
Opportunity Commission (EEOC) requirements. The Borough Clerk will
undertake to recruit qualified applicants in accordance with applicable
federal and state law.
[Amended 8-12-2010 by Ord. No. 17-10]
Where positions are advertised, the media or other periodical
utilized must have as wide circulation as possible to encourage applications
from candidates from diverse backgrounds and must prominently state
that the Borough is an equal opportunity employer.
The Mayor and Council must formally approve,
by resolution, the filling of any vacancy which has existed for over
six months in any previously authorized or established full-time position
before any action is initiated to fill the same. In addition, there
must be provided in the proper current budget account specific and
adequate funds to compensate the Employee.
[Amended 8-12-2010 by Ord. No. 17-10]
All candidates must fully complete an application
form. A resume will not be considered as a substitute for this form.
The application is a confidential document and will not be available
to anyone who is not directly involved in the hiring process, except
as required by law.
[Added 8-12-2010 by Ord. No. 17-10]
The Borough Clerk or department head will coordinate the interview
process including the scheduling of applicants, development of interview
questions and standards to measure candidate responses. All questions
must be in accordance with the New Jersey Division of Civil Rights
Guidelines for Pre-Employment Inquiries. The Borough will make reasonable
accommodations to known physical and mental limitations of all applicants
with disabilities, provided that the individual is otherwise qualified
to safely perform the essential functions of the job and also provided
the accommodation does not impose an unreasonable hardship on the
Borough.
[Amended 4-24-2014 by Ord. No. 05-14; 9-13-2018 by Ord. No. 22-18]
Criminal background checks are required of all candidates, 18
years old and older, whether paid or volunteer, that may work directly
or indirectly with children/youth/minors in accordance with the procedures
outlined in the section of this ordinance entitled "Background Checks
and Procedures for Candidates, Employees and Volunteers."[1] The nonrefundable cost of fingerprinting and the background
check for Employees shall be at the applicant's expense. Permanent
employment is conditional upon satisfactory results.
As soon as practical after the final date specified
for filing, all such applications received (including those from Borough
Employees) shall be considered by the Mayor and Council.
[Amended 8-12-2010 by Ord. No. 17-10]
The Personnel Committee Chair shall review the
supervisor's or department head's formal recommendations concerning
applications for employment by the Borough and shall make a recommendation
to the Mayor, including effective date. Those applicants who appear
to be best qualified and most desirable for the position shall be
tentatively appointed by the Mayor with the advice and consent of
the Council, subject, however, to a satisfactory physical examination
and any further investigation of references as deemed necessary.
[1]
Editor’s Note: Former § 61-26, Missing or
misstated information in applications, was repealed 8-12-2010 by Ord.
No. 17-10.
[Amended 8-12-2010 by Ord. No. 17-10]
A.
Pursuant
to the Americans with Disabilities Act, after an offer of employment
is made and prior to commencing employment, the Mayor and Council
may require applicants to pass a physical examination in order to
insure that they can perform the duties of their position without
injury to themselves or others. The same post-offer physical examination
must be performed on all applicants for a particular position. The
Mayor and Council may require periodic physical examinations to determine
the Employee's continued ability to perform the duties of the position.
All physical examinations must be performed by a physician chosen
by the Borough at the expense of the Borough. All medical records
of Employees and prospective employees are confidential and are to
be maintained by the Borough Clerk separate from the Employee's official
personnel file. Medical exams may include tests for drug and alcohol
use.
B.
All tentatively
selected applicants for employment by the Borough shall be advised
by the Municipal Administrator before taking the physical examination
that their appointment is being considered on the basis of information
contained in their application for employment and the physical examination
form. Consequently, any misstatements therein or pertinent information
withheld shall be considered sufficient cause for immediate separation
from the service of the Borough.
If the medical examination required by this
article is satisfactory, the application, medical examination form,
reference letters and other supporting papers shall be referred to
the Mayor and Council for final review.
[Added 8-12-2010 by Ord. No. 17-10]
The final decision will be made by the Mayor and Council after
all references and other information have been verified. Every effort
shall be made to offer reasonable accommodations to known physical
and mental limitations of all applicants with disabilities, provided
that the individual is otherwise qualified to safely perform the essential
functions of the job and also provided that the accommodation does
not impose an unreasonable hardship on the Borough. The employment
offer must be made in a letter to the candidate outlining all terms
and conditions of the offer. The letter will also establish a deadline
for acceptance.
[Added 8-12-2010 by Ord. No. 17-10]
If the first offer is rejected, the Mayor and Council will decide
to hire another candidate or reopen the position. Once a candidate
accepts the employment offer, all other candidates will be notified
in writing that they were not accepted for the position.
[Amended 9-22-2016 by Ord. No. 20-16]
After acceptance, but before starting employment, all new employees
shall be required to fill out an employment verification form (I9)
and to provide acceptable proof of right to employment in the United
States.
[Amended 8-12-2010 by Ord. No. 17-10]
A.
Except
where state requirements direct otherwise, new Employees (or present
Employees transferring to new positions) will be hired subject to
an initial employment period of not less than six months, as determined
by the Mayor and Council. During this initial employment period, the
new Employee or transferee will be provided with training and guidance
from the supervisor. At the end of the initial employment period,
the supervisor will conduct an Employee evaluation; see Performance
Evaluation Procedure. New Employees may be discharged at any time
during this period if the Mayor and Council conclude that the Employee
is not progressing or performing satisfactorily. Under appropriate
circumstances, the Mayor and Council may extend the initial employment
period.
B.
Nothing
in the procedure set forth in this section shall alter the Boroughs'
employment-at-will policy. Employment with the Borough is at will
and may be terminated at any time with or without cause or notice
by the Borough or the Employee.
[Amended 8-12-2010 by Ord. No. 17-10]
All applications, notes made during interviews
and reference checks, job offers and other documents created during
hiring process must be returned to the Borough Clerk. Documents related
to the successful candidate will be placed in the Employee's official
personnel file, except that medical records, including physical examinations,
must be maintained in a separate file. All records documents related
to other candidates must be retained for at least one year. Records
and documents created during the hiring process are confidential and
must be retained in a locked cabinet.
Applicants for any position or office within
the Police Department shall be investigated by the Chief of Police
and the Chairman of the Public Safety Committee of the Mayor and Council,
with all interviews being conducted by the Chief of Police.
[Amended 4-24-2014 by Ord. No. 05-14; 9-22-2016 by Ord. No. 20-16; 9-13-2018 by Ord. No. 22-18]
A.
The Borough's communication media are the property of the Borough
and, as such, are to be used for legitimate business purposes only.
For purposes of this Communication Media Policy, "communication media"
includes all electronic media forms provided by the Borough, such
as cell phones, smartphones, computers, electronic tablets, access
to the Internet, voicemail, e-mail, and fax. Employees are restricted
from accessing or using the Borough's communication media for
personal purposes during company time on company equipment without
prior authorization from the Administration to do so.
B.
All data stored on and/or transmitted through communication media
is the property of the Borough. For purposes of this policy, "data"
includes electronically stored files, programs, tables, databases,
audio and video objects, spreadsheets, reports and printed or microfiche
materials which serve a Borough business purpose, regardless of who
creates, processes or maintains the data, or whether the data is processed
manually or through any of Borough's mainframe, midrange or workstations;
servers, routers, gateways, bridges, hubs, switches and other hardware
components of the Borough's local or wide-area networks.
C.
The Borough respects the individual privacy of its employees. However,
employee communications transmitted by the Borough's communication
media are not private to the individual. All communication media and
all communications and stored information transmitted, received, or
contained in or through such media may be monitored by the Borough.
The Borough reserves the absolute right to access, review, audit and
disclose all matters entered into, sent over, placed in storage in
the Borough's communication media. By using the Borough's
equipment and/or communication media, Employees consent to have such
use monitored at any time, with or without notice, by Borough personnel.
The existence of passwords does not restrict or eliminate the Borough's
ability or right to access electronic communications. However, pursuant
to New Jersey law, the Borough cannot require the Employee to provide
his/her password(s) to his/her personal account(s).
D.
All e-mail, voicemail and Internet messages (including any technology-based
messaging) are official documents subject to the provisions of the
Open Public Records Act (N.J.S.A. 47:1A-1). Employees of the Borough
are required to use the assigned municipal e-mail account for all
Borough business and correspondence. The use of private e-mail accounts
for any Borough business or during business hours is strictly prohibited.
Employees are hereby advised that if they conduct work-related business
on their personal e-mails, cell phones, or other personal communication
media, it is also subject to the provisions of the Open Public Records
Act. However, nothing in this social media policy prevents Employees
from using his/her own personal communication media during the Employee's
non-working hours to engage or participate in protected concerted
activities pursuant to the National Labor Relations Act.[1] Protected concerted activities include when an Employee
addresses group concerns with the employer; forms, joins or helps
a labor organization; initiates, induces or prepares for group action;
or speaks on behalf of or represents other Employees. Nevertheless,
Employees are encouraged to resolve workplace grievances internally
by discussing issues with their supervisor and/or the Administration,
and are asked to refrain from posting comments or materials on communication
media that can be viewed as malicious, obscene, threatening, intimidating,
or that could create a hostile work environment on the basis of race,
sex, disability, religion or any other status protected by law if
the Employee chooses to address their grievances using communication
media.
[1]
Editor's Note: See 29 U.S.C.A. § 151 et seq.
E.
Employees can only use the Borough's communication media for
legitimate business purposes. Employees may not use Borough's
communication media in any way that is defamatory, obscene, or harassing
or in violation of any Borough rules or policy. Examples of forbidden
transmissions or downloads include sexually explicit messages; unwelcome
propositions; ethnic or racial slurs; or any other message that can
be construed to be harassment or disparaging to others based on their
actual or perceived age, race, religion, sex, sexual orientation,
gender identity or expression, genetic information, disability, national
origin, ethnicity, citizenship, marital status or any other legally
recognized protected basis under federal, state or local laws, regulations
or ordinances. Further, discriminatory remarks, harassment, bullying,
threats of violence and similar behavior that is not tolerated in
the workplace are also not acceptable through communication media,
whether same is performed on the Borough's equipment or on the
Employee's own personal communication media.
F.
All employees who have been granted access to electronically stored
data must use a logon ID assigned by Borough. Certain data, or applications
that process data, may require additional security measures as determined
by the Borough. Employees must not share their passwords, and each
employee is responsible for all activity that occurs in connection
with his or her passwords.
G.
Information security is necessary to protect the Borough's information
(data and software) from accidental or intentional unauthorized disclosure,
modification, or loss. Information security is managed under guidelines
dealing with identification, authentication, authorization, production
environment, and ability to audit. All Employees should be familiar
with such security measures adopted by the Borough.
H.
All Employees may access only data for which the Borough has given
permission. All Employees must take appropriate actions to ensure
that Borough data is protected from unauthorized access, use or distribution
consistent with these policies. Employees may not access or retrieve
any information technology resource and store information other than
where authorized. All Borough data must be stored centrally as required
by Borough. This provides greater security, and ensures backup of
all Borough data is performed.
I.
Employees must not disable anti-virus and other implemented security
software for any reason, in order to minimize the risk of introducing
computer viruses into the Borough's computing environment.
J.
Employees may not install, modify or remove any hardware device,
software application, program code, either active or passive, or a
portion thereof, without the express written permission from the Borough.
Employees may not upload, download, or otherwise transmit commercial
software or any copyrighted materials belonging to parties outside
of the Borough, or licensed to the Borough. Employees shall observe
the copyright and licensing restrictions of all software applications
and shall not copy software from internal or external sources unless
legally authorized. Workstation settings and configurations and network
settings must not be modified by unauthorized Employees. Internet
security settings (where applicable) must not be changed. The foregoing
includes but is not limited to the system's network ID (or computer
name), IP address, gateway and DNS addresses, etc.
K.
Social media and its uses in government and daily life are expanding
each year. However, information posted on a website is available to
the public. Therefore, Employees must adhere to the following guidelines
for their participation in social media. Only those Employees directly
authorized by the Administration may engage in social media activity
during work time through the use of the Borough's communication
media, as it directly relates to their work and it is in compliance
with this policy.
L.
Employees must not reveal or publicize confidential Borough information.
Confidential proprietary or sensitive information may be disseminated
only to individuals with a need and a right to know, and where there
is sufficient assurance that appropriate security of such information
will be maintained. Such information includes, but is not limited
to, the transmittal of personnel information such as medical records
or related information. In law enforcement operations, confidential,
proprietary or sensitive information also includes criminal history
information, confidential informant identification, and intelligence
and tactical operations files.
M.
No Borough Employee shall post internal working documents to social
media sites. This includes, but is not limited to, screenshots of
computer stations, pictures of monitors and/or actual documents themselves
without the prior approval of the Municipal Administrator. In addition,
Employees are prohibited from releasing or disclosing any photographs,
pictures, digital images of any crime scenes, traffic crashes, arrestees,
detainees, people or job-related incident or occurrence taken with
the Borough's communication media to any person, entity, business
or media or Internet outlet whether on or off duty without the express
written permission of the Municipal Administrator. Except in emergency
situations, Employees are prohibited from taking digital images or
photographs with media equipment not owned by the Borough. For purposes
of this section, an "emergency situation" involves a sudden and unforeseen
combination of circumstances or the resulting state that calls for
immediate action, assistance or relief, and may include accidents,
crimes and flights from accidents or crimes and the Employee does
not have access to the Borough's communication media. If such
situation occurs, Employee agrees that any images belong to the Borough
and agree to release the image to the Borough and ensure its permanent
deletion from media device upon direction from the Borough.
N.
No media advertisement, electronic bulletin board posting, or any
other communication accessible via the Internet about the Borough
or on behalf of the Borough, through the use of the Borough's
communication media, may be issued unless it has first been approved
by the Borough's Administration. Specifically, Employees are
forbidden from using the Borough's communication media to impersonate
the employer; to make statements on behalf of the employer without
authorization; and/or to make statements that can be construed as
establishing what the employer's official position or policy
is on any particular issue. In addition, Employees are prohibited
from placing or posting on the Internet through the employer's
communication media or the Employee's own personal media, either
during working or nonworking hours, any employer-related confidential,
sensitive or other employer information of a proprietary nature, including
but not limited to employer records or documents, trade secrets, internal
reports, tips based on inside information that may be considered insider
trading, screenshots of computer stations, pictures of monitors and/or
actual documents of the employer, any photographs, pictures, digital
images of any crime scenes, traffic crashes, arrestees, detainees,
people or job-related incidents or occurrences.
O.
Because authorized postings placed on the Internet through use of
the Borough's communication media will display on the Borough's
return address, any information posted on the Internet must reflect
and adhere to all of the Borough's standards and policies.
P.
All users are personally accountable for messages that they originate
or forward using the Borough's communication media. Misrepresenting,
obscuring, suppressing, or replacing a user's identity on any
communication media is prohibited. "Spoofing" (constructing electronic
communications so that it appears to be from someone else without
a legitimate authorized purpose and authorized by the Municipal Administrator)
is prohibited.
Q.
Employees must respect the laws regarding copyrights, trademarks,
and other Borough and third-party rights. Any use of the Borough's
name, logos, service marks or trademarks outside the course of the
Employee's employment, without the express consent of the Borough,
is strictly prohibited. To minimize the risk of a copyright violation,
Employees should provide references to the source(s) of information
used and cite copyrighted works identified in online communications.
R.
If Employees choose to identify themselves as a Borough Employee
on their personal social media accounts and even those that do not
should be aware that he or she may be viewed as acting on behalf of
the Borough. As such, no Employee shall knowingly represent themselves
as a spokesperson of the Borough, post any comment, text, photo, audio,
video or other multimedia file that negatively reflects upon the Borough,
expresses views that are detrimental to the Borough's mission
or undermines the public trust or is insulting or offensive to other
individuals or to the public in regard to religion, sex, race or national
origin. Borough Employees are encouraged to exercise extreme caution
posting photographs of themselves in uniform or in situations where
they can be readily identified as Borough Employees.
S.
To the extent that employees use social media outside their employment
while engaging in protected concerted activities as defined above,
Employees will not be subject to discipline or retaliation for expressing
views, opinions, and/or facts surrounding the Borough's employment
policies. For all other communications by Employees on personal social
media sites in which matters related to the Borough are discussed,
Employees must add a disclaimer on the front page stating that the
posting does not express the views of the Borough, and that the Employees
are expressing their own personal views. For example: "The views expressed
on this website/web log are mine alone and do not necessarily reflect
the views of my employer." The disclaimer must be placed in a prominent
position and repeated for each posting that is expressing an opinion
related to the Borough or the Borough's business, with the exception
of postings and social media communications by Employees engaging
in protected concerted activities. Employees are advised that if they
post information on social media that is in violation of either the
terms and conditions of the within social media policy, or in violation
of federal, state, or local laws, the disclaimer will not shield them
from disciplinary action. However, no retaliation or discipline will
result if and when Employees are engaging in protected concerted activity,
and/or choose to report inappropriate social media activities to the
Borough Administration.
T.
Nothing in these policies is designed to interfere with, restrain,
or prevent social media communications by Employees engaging in protected
concerted activities regarding wages, hours, or other terms and conditions
of employment pursuant to the National Labor Relations Act.[2] All Borough Employees have the right to engage in or refrain
from such activities.
[2]
Editor's Note: See 29 U.S.C.A. § 151 et seq.
[Added 9-13-2018 by Ord.
No. 22-18]
A.
The Borough provides Internet access to its Employees in order to
make available a vast array of information resources and to allow
participation in and access to increasing county and state resources.
B.
Employees must comply with all policies adopted by the Borough, including
but not limited to policies regarding prohibition of discrimination
and harassment and all applicable federal, state and local laws, including
laws governing the transmission and dissemination of information while
accessing the Internet.
C.
Employees who are using Internet may not:
(1)
Use the network to make unauthorized entry into other computational,
informational or communication services or resources;
(2)
Distribute unsolicited advertising;
(3)
Invade the privacy of others;
(4)
Make any attempt to damage computer equipment or software;
(5)
Engage in any activity that is harassing or defamatory;
(6)
Use the Internet for any illegal activity, including violation
of copyright or other rights of third parties, or in a manner inconsistent
with the Borough's tax-exempt status or its proper operation;
and/or
(7)
Download unauthorized software, fonts, templates or scripts.
D.
As stated in the Communications Policy above, the Borough reserves
the right to monitor the Employee's Internet usage. In addition,
the Borough has the right to restrict access to specific types of
prohibited content through the use of a content filtering system.
[1]
Editor's Note: Former § 61-33.1, Systems privacy
(including e-mail, voice mail, computer and Internet usage policy),
added 8-12-2010 by Ord. No. 17-10, as amended , was repealed 4-24-2014
by Ord. No. 05-14.
[Added 8-12-2010 by Ord. No. 17-10]
Borough telephones are for official business and Employees may
make a personal call only to inform their family of unexpected overtime.
Charges for all other personal calls must be reimbursed to the Borough.
The use of hand-held cell phones while driving Borough vehicles or
while driving on Borough business is prohibited.
[Amended 8-12-2010 by Ord. No. 17-10]
A.
The Borough encourages Employees with contagious diseases or life-threatening
illnesses to continue their normal pursuits, including work, to the
extent allowed by their condition. The Borough shall make reasonable
accommodations to known physical and mental limitations of all Employees,
provided that the individual is otherwise qualified to safely perform
the essential functions of the job and also provided that the accommodation
does not impose an unreasonable hardship on the Borough.
B.
The Borough will take reasonable precautions to protect such information
from inappropriate disclosure, including the following:
(1)
Medical information may be disclosed with the prior written informed
consent of the person who is the subject of the information.
(2)
Information may be disclosed without the prior written consent to
qualified individuals for the purpose of conducting management audits,
financial audits, and program evaluations, but these individuals shall
not identify, either directly or indirectly, the person who is the
subject of the record in a report or evaluation, or otherwise disclose
the person's identity in any manner. Information shall not be
released to these individuals unless it is vital to the audit or evaluation.
(3)
Information may be disclosed to the Department of Health as required
by State or Federal law.
C.
Managers and other Employees have a responsibility to maintain the
confidentiality of Employee medical information. Anyone inappropriately
disclosing such information shall be subject to disciplinary action.
[Amended 8-12-2010 by Ord. No. 17-10]
A.
The Borough recognizes that the possession or use of unlawful drugs
and the abuse of alcohol pose a threat to the health and safety of
all Employees. Any Employee who is observed by a supervisor or department
head to be intoxicated or under the influence of alcohol or drugs
during working hours or is under reasonable suspicion of same shall
be immediately tested and is subject to discipline up to and including
termination. The supervisor or department head will immediately report
any reasonable suspicions to the Municipal Administrator.
B.
An Employee will be required to submit to alcohol, drug or controlled
substance testing when the Employee's work performance causes
a reasonable suspicion that that Employee is impaired due to current
intoxication, drug or controlled substance use, or in cases where
employment has been conditioned upon remaining alcohol-, drug-, or
controlled-dangerous-substance-free following treatment. Refusal to
submit to testing when requested may result in immediate disciplinary
action, including termination. Supervisors or department heads who
observe behavior constituting reasonable suspicion are required to
institute testing and do not have the option of sending the Employee
home as an alternative.
C.
The manufacturing, distribution, dispensation, possession, and use
of alcohol or unlawful drugs on Borough premises or during work hours
by Employees are strictly prohibited.
D.
Employees must notify their supervisor within five days of conviction
for a drug- or alcohol-related violation, whether or not the violation
occurred in the workplace.
E.
Employees who are required to maintain a commercial driver's
license (CDL) are subject to random drug testing as required by the
federal government.
F.
Employees using prescription drugs that may affect job performance
or safety must notify the Municipal Administrator who is required
to maintain the confidentiality of any information regarding an Employee's
medical condition in accordance with the Health Insurance Portability
and Protection Act. Borough personnel who hold a commercial driver's
license (CDL) are subject to the provisions of the commercial driver's
licenses drug and alcohol testing policy.
G.
No prescription drug should be used by any person other than the
individual to whom it is prescribed. Such substances or nonprescription
(over-the-counter) drugs should be used only as prescribed or indicated.
Employees are prohibited from consuming prescription drugs that are
not prescribed in their name on Borough property or while performing
Borough business. Soliciting or distributing prescription drugs for
or to other Employees is also strictly prohibited.
[Added 4-24-2014 by Ord. No. 05-14]
A.
The Borough may install video surveillance camera systems within
public buildings and throughout public areas within the Borough, primarily
as visual deterrents of criminal behavior and for the protection of
employees and municipal assets. In implementing these video camera
systems, the Borough will ensure compliance with federal, state and
local laws governing such usage.
B.
The Borough's video surveillance camera systems are a significant
tool to which the employees of the Borough will avail themselves in
order to complete the goals and objectives of the Borough. Employees
are only permitted to use the video surveillance camera systems for
a legitimate purpose and with proper authorization. The Borough's
designee will be responsible for authorization of users. The improper
use of these systems can result in discipline up to and including
termination.
C.
No employee is permitted to view, continually watch, search, copy
or otherwise use one of the Borough's video surveillance camera
systems or tamper with access, archive, alter, add to, or make copies
of any data that has been recorded and stored within any of these
systems without 1) a specific legitimate purpose and 2) permission
from the designee of the Borough.
D.
The Borough shall designate a person to be responsible for the maintenance
and administration of the video surveillance camera system. Such designee
will be responsible for maintaining a user access log detailing the
date and name of individuals who view/access a stored recording.
E.
Any employee who becomes aware of any unauthorized disclosure of
a video record in a contravention of this policy and/or a potential
privacy breach has the responsibility to ensure that the Mayor, Municipal
Administrator, and/or Chief of Police are immediately informed of
such breach.
[1]
Editor’s Note: Former §§ 61-36, Drug-free
workplace, and 61-37, Drug convictions, were repealed 8-12-2010 by
Ord. No. 17-10.
[Added 8-12-2010 by Ord. No. 17-10]
A.
Background checks required. Criminal background checks are required
of all candidates over the age of 18, whether for paid or volunteer
positions, who will be working directly or indirectly with children/youth/minors.
Criminal background checks will also be performed every three years
for each Employee or volunteer who works directly or indirectly with
children/youth/minors. The exact titles of Employees subject to background
checks are all recreational positions, school crossing guards, library
positions, and maintenance and administrative positions pertaining
to such programs.
[Amended 12-9-2010 by Ord. No. 26-10; 9-13-2018 by Ord. No. 22-18]
B.
Background check procedure.
[Amended 9-13-2018 by Ord. No. 22-18]
(1)
The Borough Clerk will perform or initiate criminal background checks
and be the recipient of reports from outside agencies or contractors.
These reports shall include, but are not limited to, court records;
Police Department and corrections agency records; registries or watch
lists; state criminal record repositories; and the Interstate Identification
Index maintained by the FBI. The Borough Clerk will discuss potentially
disqualifying information received with the Employee's or volunteer's
department head, and a determination that the information is disqualifying
shall be made based on whether the disqualification is job-related
for the position and is consistent with business necessity. 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, as required
by the State Police. Such information will be kept confidential and
will not be published or disclosed in any manner not consistent with
the procedures listed herein. Such information will not be deemed
a public record under P.L. 1963, c. 73 (N.J.S.A. 47:1A-1, et seq.)
as amended and supplemented by P.L. 2001, c. 404 (N.J.S.A. 47:1A-5,
et seq.).
(2)
When a disqualification decision has been made as a result of the
employer's "targeted screening process" described below, the
Borough Clerk will inform the candidate, volunteer, or Employee, in
writing, of any information that would disqualify the person from
working with children/youth. If the Borough contracts with an outside
vendor to process the background checks, that contractor may be authorized
to inform the person in writing of any information that would disqualify
the person from working with children/youth/minors. In addition, the
individual shall be advised that he/she has the opportunity to explain
the criminal record and to demonstrate why the exclusion based on
the employer's targeted screening process should not apply to
him/her under the circumstances. This information may include evidence
of an error in the criminal record; facts surrounding the conviction;
age at the time of the conviction and/or release from prison; evidence
of a clean criminal and employment record since release; rehabilitation
efforts; positive references; and evidence that he/she is bondable.
Thereafter, the employer shall give the individual further consideration.
Existing Employees or volunteers will be placed on immediate suspension
pending the outcome of a hearing or appeal. Employee suspensions may
be with or without pay at the discretion of the Mayor and Council.
C.
Conditions under which an Employee will be disqualified from working
with children/youth.
(1)
A candidate, volunteer, or Employee may be disqualified from employment
in a position that works with children/youth/minors if that person's
criminal record history background check reveals a record of conviction
of any of the following crimes and disorderly persons offenses as
defined by New Jersey law or by analogous laws in other States:
(a)
Homicide (N.J.S.A. 2C:11).
(b)
Assault, reckless endangerment, threats, stalking (N.J.S.A.
2C:12).
(c)
Kidnapping (N.J.S.A. 2C:13).
(d)
Sexual offenses (N.J.S.A. 2C:14).
(e)
Offenses against the family, children and incompetents (N.J.S.A.
2C:24).
(f)
Controlled dangerous substances (N.J.S.A. 2C:35 except for 2C:35-10,
Paragraph a, Subsection [4]).
(g)
Robbery (N.J.S.A. 2C:15).
(h)
Theft (N.J.S.A. 2C:20).
(2)
A disqualification from any position will be based only on a conviction
for one or more of the above disqualifying crimes and offenses as
a result of the employer's targeted screening process, by which
the employer has taken into account the following factors:
[Amended 9-13-2018 by Ord. No. 22-18]
(b)
The time that has elapsed since the offense, conduct, and/or
completion of the sentence;
(c)
The nature of the job held or sought, including the consideration
of:
[1]
The job duties (not merely the job title);
[2]
The level of supervision to be provided;
[3]
The working environment (e.g., private home, outdoors, warehouse);
[4]
Interaction with others, especially with vulnerable individuals
such as children/youth/minors; and
[5]
The relationship of the criminal history to the job to be performed.
(3)
An acquittal, a dismissal, successful completion of Pre-Trial Intervention
(PTI), or an expungement of a criminal offense, including a disqualifying
criminal offense, is not a disqualifying conviction. Further, an arrest
record standing alone may not be used to disqualify a candidate, volunteer,
or Employee from an employment opportunity. However, the employer
may make a disqualification decision based on the conduct underlying
the arrest if the conduct makes the individual unfit for the position
in question, in which case the conduct, not the arrest, is relevant
for employment purposes.
[Added 9-13-2018 by Ord.
No. 22-18]
D.
Appeal process.
(1)
The Appeals Committee will be comprised of the Personnel Committee
Chair, Police Chief or other designated superior officer, and the
Borough Clerk.
(2)
Once a candidate, Employee or volunteer has been notified of a disqualifying
conviction, the Employee has 14 calendar days to file a notice of
appeal with the Borough. Such notice of appeal must be sent in writing
to the Borough Clerk. The notice of appeal shall include a notice
of rehabilitation and/or a notice that the information is inaccurate
or incorrect, pursuant to N.J.A.C. 13:59-1.6.
(3)
During the fourteen-day period listed above, and until the issuance
of the decision of the Appeals Committee, an Employee will be on a
suspension with pay, pending the outcome of the notice of appeal.
(4)
In making a determination on the appeal, the following information
will be considered:
(a)
The nature and responsibility of the position which the convicted
individual would hold, has held, or currently holds, as the case may
be.
(b)
The nature and seriousness of the crime or offense.
(c)
The circumstances under which the crime or offense occurred.
(d)
The date of the crime or offense.
(e)
The age of the individual when the crime or offense was committed.
(f)
Whether the crime or offense was an isolated or a repeated incident.
(g)
Any social conditions which may have contributed to the commission
of the crime or offense.
(h)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received.
(i)
Acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or
the recommendation of those who have had the individual under their
supervision.
(5)
The Borough will issue a written determination on the Employee's
appeal of their disqualifying conviction, setting forth the reasons
for the determination.
