[HISTORY: Adopted by the Borough Council of the Borough of
Hillsdale 5-3-2011 by Ord. No. 11-11. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 63.
As used in this chapter, the following terms shall have the
meanings indicated:
Any programs so designated by the Recreation Commission of
the Borough of Hillsdale.
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/or the State Bureau of Identification of the New Jersey
State Police.
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.
The Borough of Hillsdale Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints and 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.
Any 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.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65 (N.J.S.A. 53:1-12 et seq.).
A.
The Borough requires that, as a condition of employment or volunteerism
with the Borough, all prospective or current employees and volunteers,
18 years of age and older, involved with Borough-related recreational
programs involving minors in which they have regular, unsupervised
contact with minors, request and consent in writing through the Hillsdale
Recreation Department, that the State Bureau of Identification conduct
a criminal history background check of their record pursuant to the
New Jersey State Police Volunteer Review Operation Program, before
involvement in any Borough-related program, and repeated every three
years. Each employee or volunteer under this section shall also have
an ongoing duty to report to the Borough any new information that
would be revealed by such a search.
B.
The Division of State Police shall inform the Department and the individual whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 126-4 of this chapter.
C.
The Recreation Department shall request 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 employee, volunteer or nonprofit youth-serving organization shall
bear the costs associated with conducting the background check, in
accordance with fees established by the State Bureau of Identification
and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d).
The employee, volunteer or nonprofit youth-serving organization may
inquire as to the possible availability of grant money that may be
applied to help offset this cost.
E.
Criminal history background checks will be performed for individuals
over the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq. and
with the procedures and guidelines adopted by the State Bureau of
Identification, Volunteer Review Operation.
A.
Prospective or current employees and volunteers, 18 years of age
and older, involved with Borough-related recreational programs involving
minors in which they have regular, unsupervised contact with minors
shall submit their name, address, fingerprints, other required information
and written consent to the Department-designated service provider
for the criminal history record background check to be performed and
comply with all service provider requirements for the check to be
completed.
B.
The Recreation 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.
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. 2C:11-1 et seq., 2C:12-1 et
seq., 2C:13-1 et seq., 2C:14-1 et seq., or 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.
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-related recreational 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 Volunteer Review Operation. 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 chapter.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
Police Department and Criminal Background Check Appeal Panel, 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. Any person violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
C.
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 or request an
exception. 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.
A.
Criminal background check appeal process. If the State Police disqualifies
an employee or volunteer, the employee or volunteer may appeal that
disqualification by filing a written notice of appeal with the Chief
of Police no later than 20 days after receiving notice of the disqualification
from the State Police. Any appeal requested shall proceed before the
Criminal Background Check Appeal Panel.
B.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this chapter, the Borough of Hillsdale hereby creates
a Criminal Background Check Appeal Panel, which shall consist of three
members. The composition of the Criminal Background Check Appeal Panel
shall be as follows:
(1)
One member of the Criminal Background Check Appeal Panel shall be
the Police Chief, or his designee.
(2)
One member of the Criminal Background Check Appeal Panel shall be
the Director of the Hillsdale Recreation Commission.
(3)
One member of the Criminal Background Check Appeal Panel shall be
a person selected by the Chief of Police.
C.
Powers. The Criminal Background Check Appeal Panel is granted and
shall have and exercise, in addition to other powers herein granted,
all the powers necessary and appropriate to carry out and execute
the purposes of this chapter, including but not limited to the following:
(1)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the disqualification.
(2)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination concerning the accuracy of the
criminal history record.
(3)
To grant exceptions where appropriate.
D.
Findings. Not later than 45 days after the conclusion of the hearing,
the Criminal Background Check Appeal Panel shall issue its findings
of fact and the Panel's decision to the employee/volunteer involved
in the appeal and to the Recreation Department, which shall act in
accordance with the Panel's decision.
