Borough of Northvale, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sex offenders — See Ch. 153.
[Adopted 9-13-2006 by Ord. No. 832-2006]

§ 74-1 Criminal history record background checks required for employees and volunteers involved with Borough programs or services for minors.

Request for criminal background checks; costs. The Borough requires that all employees and volunteers, 18 years of age and older, of any Borough-sponsored program, sports, recreation, or otherwise, involving minors request, through the Recreation Committee, that the State Bureau of Identification within the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
A. 
The Division of State Police shall inform the Northvale Police Department and the employee and/or volunteer if the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as set forth in § 74-3 of this article.
B. 
The Recreation Committee and/or the Police Department shall conduct a criminal history record background check only upon receipt of a written consent to the check from prospective or current employee or volunteer.
C. 
The Borough shall bear the costs associated with conducting the criminal history record background checks.

§ 74-2 Submissions, exchanges of background check information.

A. 
Prospective or current employees and volunteers of Borough-sponsored programs involving minors shall submit their name, address, fingerprints, other required information and written consent to the Recreation Committee for the criminal history record background check to be performed. The Recreation Committee shall submit this documentation to the State Bureau of Identification.
B. 
The Police 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 article.

§ 74-3 Conditions for disqualification.

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 disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A., 2:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A., 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.
(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.
(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 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 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.
C. 
The determination of whether the information contained in the criminal history record is sufficient to disqualify an employee or volunteer shall be made by the state police. Any employee or volunteer dissatisfied with the determination shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to this article.

§ 74-4 Limitations on access and use of criminal history record background checks.

A. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to the Police Department, as authorized by federal or state statute, rule or regulations, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this article.
B. 
The Police Department shall limit its 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. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

§ 74-5 Employee or volunteer may challenge accuracy of report.

If this criminal history record may disqualify an applicant or existing employee or volunteer for any purpose, the disqualified person shall have 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.