[HISTORY: Adopted by the Borough Council of the Borough of
Alpine as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-25-2016 by Ord. No. 761]
Pursuant to N.J.S.A. 15A:3A-1, et seq., the purpose of this
article is to authorize a municipal official or officer to request
a criminal history background check (CHBC) of current and prospective
Borough employees and volunteers who have direct contact with minors.
The Alpine Police Chief, Borough Clerk, and Personnel Administrator
or their designees are hereby authorized to request a CHBC on current
and prospective Borough employees or volunteers who have direct contact
with minors.
A.
All prospective Borough employees and volunteers of a youth-serving
recreation organization shall be subject to CHBC for a noncriminal
purpose, either name check only or fingerprint-based at the Borough's
discretion, through the State Bureau of Identification (SBI) in the
Division of the State Police or an authorized vendor.
B.
Written consent required. The Borough's designated official
or officer shall conduct a CHBC only upon receipt of written consent
for said CHBC from the subject. Refusal to provide written consent
will disqualify subject's employment or participation.
C.
Costs.
(1)
The Borough of Alpine shall bear costs for CHBCs for current and
prospective Borough employees and volunteers such as those associated
with the Alpine Swim Club. It is understood that the Borough of Tenafly
performs and bears the costs for CHBCs for personnel associated with
Tenafly-sponsored recreation sports programs requesting permission
to use Alpine ball fields.
(2)
All other youth-serving organizations seeking use of the Borough
of Alpine's fields or facilities shall require all employees
and volunteers of that organization who have direct contact with minors
to obtain a CHBC and provide results to the Borough of Alpine at the
time application for permit for use of Alpine field(s) is made at
their own expense.
A.
Any person who, by virtue of his/her occupation, is required by statute
to undergo a federal and state criminal history background check similar
in nature to the requirements contained herein, and who can provide
the results of such a background check, is exempt from the requirement
hereunder until three years has elapsed since the most current background
check.
B.
A new successful background check remains valid for three years.
C.
Notwithstanding § 162-4A and B, if an employee or volunteer of a youth-serving organization is convicted of a disqualifying crime or offense as specified under § 162-5, after such person has cleared the required CHBC, such person must immediately (no later than 72 hours post-conviction) notify the Police Chief and the Borough Clerk of that fact. Such person shall be immediately disqualified from his or her position.
A person may be disqualified from serving as an employee or
volunteer of a youth-serving recreation organization if that person's
CHBC reveals a record of conviction of any of the following crimes
and offenses.
A.
In New Jersey, any crime or more than one disorderly persons offense:
(1)
Homicide (N.J.S.A. 2C:11).
(2)
Assault, reckless endangerment, threats, stalking (N.J.S.A. 2C:12).
(3)
Kidnapping (N.J.S.A. 2C:13).
(4)
Sexual offenses (N.J.S.A. 2C:14).
(5)
Offenses against the family, children and incompetents (N.J.S.A.
2C:24).
(6)
Controlled dangerous substances [N.J.S.A. 2C:35, except for 2C:35-10(a)(4)].
(7)
Robbery (N.J.S.A. 2C:15).
(8)
Theft (N.J.S.A. 2C:20).
B.
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 this section.
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 and the Borough's
designated officials or officers, 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 article.
B.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
given and it shall not be disseminated to any unauthorized persons.
Any person violating federal or state regulations governing access
to criminal history record information may be subject to criminal
and/or civil penalties.
A.
If a criminal history record may disqualify an employee or volunteer
for any purpose, a Review Committee [comprised of the Police Chief,
Borough Clerk, Personnel Administrator, and other designated official(s)
of the municipality as appropriate] shall review same and form a determination.
If there is a rejection, the Review Committee may still allow the
employee or volunteer to participate. A person is not presumed guilty
of any charges or arrests for which there are no final dispositions
indicated on the record. An acquittal, dismissal, successful completion
of pretrial intervention (PTI), or an expungement of a criminal offense,
including a disqualifying criminal offense, is not a disqualifying
conviction.
B.
The Review Committee shall promptly notify the prospective or current
employee or volunteer whose CHBC reveals a disqualifying conviction.
The person shall have 14 days from the receipt of that notice to petition
the Review Committee for a review to challenge the accuracy of the
information contained in the criminal history record and cite reasons
substantiating his or her appeal, which time period may be reasonably
extended at the Committee's discretion. Such notice of appeal
must be sent in writing to the Review Committee and shall include
a notice of rehabilitation and/or a notice that the information is
inaccurate or incorrect, pursuant to N.J.A.C. 13:59-1.6. During the
fourteen-day period listed above, and until the issuance of the decision
of the Review Committee, an employee will be placed on suspension
with or without pay, at the discretion of the Committee in consultation
with the Borough Attorney and/or Labor Attorney, pending the outcome
of the notice of appeal.
C.
Notwithstanding the provision of § 162-5 of this article, no persons shall be disqualified from serving as an employee or volunteer of a youth-serving organization on the basis of any conviction disclosed by a CHBC if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
(1)
The nature and responsibility of the position which the convicted
individual would hold, has held, or currently holds, as the case may
be.
(2)
The nature and seriousness of the crime or offense.
(3)
The circumstances under which the crime or offense occurred.
(4)
The date of the crime or offense.
(5)
The age of the individual when the crime or offense was committed.
(6)
Whether the crime or offense was an isolated or a repeated incident.
(7)
Any social conditions which may have contributed to the commission
of the crime or offense.
(8)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received.
(9)
Acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of those who have had the individual under their supervision.
D.
The Review Committee shall promptly advise the nonprofit youth-serving
organization, in writing, if a current or prospective employee or
volunteer whose CHBC record reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
E.
This section shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to Subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to Paragraph (4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to Section 1 P.L. 1993, 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2 or false imprisonment pursuant to N.J.S.A. 2C:13-3; if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) or Paragraph (4) Subsection (b) of N.J.S.A. 2C:34-1; or attempt to commit any of these enumerated offenses.
F.
The determination of the Review Committee shall be final and not
subject to further appeal.
