[HISTORY: Adopted by the Township Council of the Township of East Hanover 12-12-2005 by Ord. No. 34-2005. Amendments noted where applicable.]
The Township Administrator or his/her designee is authorized to request a criminal history record background check of any person for an official governmental purpose, including, without limitation, employment.
When requested by the Township Administrator or his/her designee, any person seeking employment with the Township for a position which entails contact with children under the age of 18 years, persons over the age of 60, persons who are physically or mentally handicapped, or persons who by reason of illness are at risk, shall submit to the Township Administrator or his/her designee a copy of his or her fingerprints in accordance with applicable state and federal laws, rules and regulations. Fingerprinting of the applicant shall be done by the Township or its designated entity at the Township's expense.
The records which the Township Administrator or his/her designee is authorized to request and receive shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers, neither the entity coordinating the program, if the Township shall employ such, nor the Township shall receive a copy of the criminal record but will, instead, receive from the State Police notification that the background check revealed information which would serve to disqualify the person, who may then file an appeal pursuant to § 12-11 hereof.
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a person may be disqualified from serving as an employee or volunteer of a youth-serving organization if that person's criminal history record background check reveals a conviction in New Jersey of any of the following crimes and offenses:
Assault, endangering, threats.
Controlled dangerous substances, except N.J.S.A. 2C:35-10a(4) (possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish).
A person convicted in any other state or jurisdiction of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in Subsection A of this section, may be disqualified from serving as an employee or volunteer of a youth-serving organization.
In order to obtain the criminal history record information, the Township Administrator or his/her designee shall submit the required fee, fingerprint data and request to the 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 Township Administrator or his/her designee. The requesting official shall follow all 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.
Any person 18 years of age or older at the time of commencement of participation in any youth activity, regardless of the capacity (whether a volunteer or an employee) for any program that is organized by the Township of East Hanover or any East Hanover-based organization that utilizes Township facilities must undergo a mandatory background record check.
Any person who has undergone a record check similar to the program that is utilized by the Township may request enrollment into the Township plan so long as it is within six months from the date of their application in a comparable background record check program, and further provided that it meets the threshold standards of the program utilized by the Township of East Hanover.
A person whose primary residence does not change must renew his/her enrollment in the background record check program every three years if the person wishes to continue as a volunteer or employee with the youth program within the Township. Any person who changes his or her residence must undergo the full mandatory record check in order to be requalified.
Any celebrity guests will be allowed to participate in programs within the Township so long as they are under the supervision of an approved record check participant. Further, this chapter does not apply to volunteers and employees of teams and/or organizations that are not based in the Township of East Hanover.
The East Hanover Chief of Police or his designated representative shall work with the Township Administrator, the Superintendent of Recreation or any other organization in administering this program.
Any person who feels that he or she has been erroneously or wrongly prohibited from participation in any activities covered by this chapter may appeal to the Superintendent of Recreation in the case of volunteer participation in youth programs or to the Township Administrator in all other cases. The decision of the Superintendent or Administrator, as the case may be, shall be final.