[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 2-7-2005 by Ord. No. DR-215. Amendments noted where
applicable.]
As used in this chapter.
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
The City of Hoboken Police Department.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15a of the New
Jersey Statutes, or other law of this state, but excluding public
and nonpublic schools, 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.
A.
The City of Hoboken 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 as specified in § 65-3 of this chapter.
C.
The City of Hoboken 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 City of Hoboken shall bear the costs associated with conducting
criminal history background checks for prospective and current volunteers,
however, any current employees shall bear the costs for such background
check.
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 and 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. 2C: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.
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:1.4-1
et seq.
A.
Prospective or current employees and volunteers of nonprofit youth-serving
organizations 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 Hoboken Chief of Police 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.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment is restricted to authorized
personnel of the nonprofit youth-serving organization on a need to
know basis, as authorized by federal or state statute, rule or regulation,
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 my 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.
If this criminal history record may disqualify as applicant
for any purpose, the person making the determination shall provide
the applicant with an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record. The applicant
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.
