[Adopted 9-27-2005 by Ord. No. 1143]
As used in this article, the following terms shall have the meanings
indicated:
A determination of whether a person has a criminal record by cross-referencing
that person's name and/or 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.
The Township of Haddon Police Department.
A corporation, association or other organization established pursuant
to Title 15 or 15A of the New Jersey statutes, or other law of this state,
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.
Any program sponsored or in any way supported by the Township which
provide and utilize Township facilities and/or Township property.
Any person involved with a nonprofit youth serving organization which
has direct access to minors as a result of their involvement with the organization.
A.
The Township 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 set forth in § 172-17 of this article.
C.
The Township shall conduct a criminal history background
check only upon receipt of the written consent to the check from the prospective
or current employee or volunteer.
D.
The Township shall bear the costs associated with conducting
the criminal history record background checks.
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)
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.
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.
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 Chief of Police of the Township of Haddon. Any employee or volunteer dissatisfied with the determination by the Chief of Police shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 172-21 of this article.
A.
Prospective or current employees and volunteers of nonprofit
youth serving organizations and/or employees and volunteers of Township-sponsored
programs involving minors 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
the Police Chief of the Township of Haddon, or his designee, 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 article.
C.
The Township may, in its discretion, engage the services
of a third-party independent agency to conduct the criminal history record
background checks authorized under this article.
D.
The Chief of Police, or his designee, shall coordinate
a criminal history background check every two years after the initial check.
A.
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the Chief of Police and any member of the Appeal Panel pursuant to § 172-21 of this article 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.
The Chief of Police and any member of the Appeal Panel pursuant to § 172-21 of this article 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. The 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 an applicant or existing
employee or volunteer for any purpose, the person making the determination
shall provide the disqualified person with 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 challenge 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 Director
of the Department of Parks and Public Property disqualifies an employee or
volunteer or denies the challenge concerning the accuracy of a criminal history
report, the employee or volunteer may appeal that determination by filing
a written notice of appeal with the Clerk of the Township of Haddon no later
than 20 days after receiving the determination from the Director of the Department
of Parks and Public Property. 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 article by the Director of the Department
of Parks and Public Property, the Township of Haddon 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:
C.
The terms of the members of the Criminal Background Check
Appeal Panel shall be three years, with each member serving without compensation.
D.
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 determination of the Chief of Police
concerning his disqualification of the employee or volunteer.
(2)
To hold hearings and adjudicate appeals by employees
and volunteers dissatisfied with the determination of the Chief of Police
concerning the accuracy of the criminal history record.
An annual audit/accounting of all financial records shall be conducted
by the Township pursuant to accepted accounting procedures.
