[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 23.
Code of Ethics — See Ch. 36.
Officers and employees — See Ch. 68.
[Adopted 12-14-2004 by Ord. No. 1620]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH-SPONSORED PROGRAMS
Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name and/or fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and/or the State Bureau of Identification of the New Jersey State Police.
CRIMINAL HISTORY RECORD INFORMATION OR CHRI
Information collected by criminal justice agencies concerning persons and stored in the computerized databases of the New Jersey State Police SBI Criminal History Information System, the National Law Enforcement Telecommunications System or other states' computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions arising therefrom, including convictions, dismissals, correctional supervision and release.
DEPARTMENT
The Borough of Middlesex Police Department.
NON-CRIMINAL JUSTICE PURPOSE
Any purpose, other than administration of criminal justice or criminal justice purpose, including employment and licensing, for which applicant fingerprints or name search requests are submitted by authorized requesters, as required or permitted by a federal or state statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
NONPROFIT YOUTH SERVING ORGANIZATION OR ORGANIZATION
A corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other laws of this state, organized and sponsored by the Borough of Middlesex, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from federal income taxes.
STATE BUREAU OF IDENTIFICATION OR SBI
The New Jersey State Bureau of Identification created by P.L. 1930, c. 65 (N.J.S.A. 52:1-12 et seq.[1] as a bureau within the Division of State Police.
[1]
Editor's Note: See now N.J.S.A. 53:1-12.
A. 
The Borough requires that all employees and volunteers of a nonprofit youth serving organization request through the Department that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
B. 
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 4-3 of this chapter.
C. 
The Borough shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
D. 
The Borough shall bear the costs associated with conducting the criminal history record background checks.
A. 
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(1) 
In New Jersey, any crime or more than one disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in:
[1] 
N.J.S.A. 2C:11-1 et seq., homocide/manslaughter;
[2] 
N.J.S.A. 2C:12-1 et seq., assault (atrocious through simple);
[3] 
N.J.S.A. 2C:13-1 et seq., kidnapping/criminal restraint/false imprisonment;
[4] 
N.J.S.A. 2C:14-1 et seq., sexual assault through lewdness; or
[5] 
N.J.S.A. 2C:15-1 et seq., robbery.
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1 et seq.
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10, Drug Offenses.
(2) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A(1) of this section.
B. 
For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a nonprofit youth servicing organization and/or the employee or volunteer involved with the Borough-sponsored programs involving minors, the Borough shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record. The search results of the employee or volunteer determine whether the employee or volunteer is qualified or disqualified. The search results are sent by the New Jersey State Police to the Director of Public Recreation and Senior Services, who shall inform the employee or volunteer of the disqualification. Any employee or volunteer dissatisfied with the determination of the background search shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 4-7 of this chapter.
[Amended 10-25-2005 by Ord. No. 1670; 3-9-2021 by Ord. No. 2026]
A. 
Prospective or current employees and volunteers of nonprofit youth serving organizations and/or employees and volunteers of Borough-sponsored programs involving minors shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the Police Chief of the Borough of Middlesex, or his designee, who shall coordinate the background check.
B. 
The Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this chapter.
C. 
The Borough may, in its discretion, engage the services of a third party independent agency to conduct the criminal history record background checks authorized under this chapter.
A. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to authorized personnel of the nonprofit youth servicing organization and/or the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter.
B. 
Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Improperly disclosing criminal history record information intentionally shall be deemed a petty disorderly conduct and subject to a fine of $200 and up to 30 days in jail.
If this criminal history record may disqualify an applicant or existing employee or volunteer for any purpose, the Director of Recreation's determination shall provide the disqualified person with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The disqualified person shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.[1]
[1]
Editor's Note: Former § 4-7, Criminal background check appeal process and Criminal Background Check Appeal Panel, which immediately followed, was repealed 5-12-2020 by Ord. No. 1996.
[Adopted 9-28-2021 by Ord. No. 2043]
The Borough Administrator, Township Clerk, and Chief of Police, or designated municipal official thereof, are hereby authorized in accordance with N.J.S.A. 40:48-1.4 to request a criminal history record background check of any person for an official governmental purpose, including, but not limited to, licensing, vendors and the procurement of services.
A. 
When requested by the authorized designated municipal official, any person seeking a license or the right to perform services for the Borough of Middlesex shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations.
B. 
The Borough of Middlesex shall transmit the fees for the criminal history record background check to the State Bureau of Identification.
A. 
The authorized municipal official or officer is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.
B. 
In order to obtain the criminal history record information, the designated municipal official shall submit the required fee, fingerprint data and request to State Bureau of Identification. The State Bureau of Identification shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the designated municipal official.
C. 
The requesting official shall follow any rules or regulations which might be promulgated by the Attorney General of the State of New Jersey pursuant to N.J.S.A. 52:14B-1 et seq.
A person may be disqualified from obtaining a license, vendor or procurement of services contract if that person's criminal history record background check reveals a record of conviction of any of the crimes or offenses identified in § 4-3 herein or if the person refuses in any way to submit to a background check in accordance with this article.