[HISTORY: Adopted by the Township Council
of the Township of Ewing as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 55.
[Adopted 8-12-2003 by Ord. No. 03-17;
amended 10-9-2007 by Ord. No. 07-23]
Township provision of funding or facilities, including maintenance
of facilities.
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 Ewing Township 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 the state and is exempt from federal
income taxes, but excluding public and nonpublic schools, and which
provides sports-related activities or services for persons younger
than 18 years of age, in connection with Ewing Township-sponsored
or -cosponsored sports programs or leagues.
A three member Committee consisting of the Director of Recreation,
Township Business Administrator and the Chief of Police. The Committee
shall be charged with the review of all appeals by any employee or
volunteer whose criminal history background check reveals a disqualifying
criminal conviction.
Leagues run directly by the Ewing Recreation Department,
including oversight, control and/or fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Ewing Township-sponsored or -cosponsored
sports program or league who has regular unsupervised direct access
to minors as a result of his or her involvement with the organization.
A.
The Township of Ewing requires that all employees
and volunteers of a nonprofit youth-serving organization request through
the Ewing Township Police 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. There shall be a thirty-day grace period for
each new employee or volunteer of the youth-serving organization to
make application for this criminal history record background check.
All coaches must have their fingerprinting and applications completed
by the end of the thirty-day grace period.
B.
The Township shall conduct a criminal history record
background check only upon receipt of the written consent for the
check from the prospective or current person with direct unsupervised
access to minors.
C.
The employee or volunteer shall bear the costs associated
with conducting a criminal history background check in accordance
with the fees established by the State Bureau of Identification in
the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d).
D.
The Division of State Police shall inform the Ewing Township Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 22-3 of this article. Any information received by the Ewing Township Police Department shall be confidential.
E.
Any person who, by virtue of his or her occupation,
is required by statute to undergo a federal and state criminal history
record background check similar in nature to the requirements contained
herein, and who can provide proof of the results of such background
check, is exempt from the requirements hereunder until three years
has elapsed since the most current background check.
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:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes
and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et
seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as
assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1
et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual
assault; or N.J.S.A. 2C:15-1 et seq., such as robbery;
(2)
Against the family, children or incompetents, meaning
those crimes and disorderly persons offenses set forth in N.J.S.A.
2C:24-1 et seq., such as endangering the welfare of a child;
(3)
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes; and
(4)
Involving any controlled dangerous substance or controlled
substance analog as set forth in Chapter 35 of Title 2C of the New
Jersey Statutes, except Paragraph (4) of Subsection (a) of N.J.S.A.
2C:35-10.
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.
Prospective or current employees or volunteers of
nonprofit youth-serving organizations shall submit their names, 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 Department through the
Chief of Police, who shall coordinate the background check and refer
the information to the State Police and FBI for the initial check.
Thereafter, all subsequent background checks shall be submitted to
the Ewing Township Chief of Police, who shall coordinate a background
check every three years after the date of the initial check.
B.
The Ewing Township Police 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.
A.
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to the members of the Review Committee, as authorized
by federal or state statute, rule or regulation, executive order,
administrative code, local ordinance or resolution regarding obtaining
and disseminating of criminal history record information obtained
under this article.
B.
The Review Committee shall limit its use of criminal
history record information solely to the authorized person 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.
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, the Review Committee's determination
shall be provided to the employee or volunteer with an opportunity
to complete and challenge the accuracy of the information contained
in the criminal history record. The employee or volunteer 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.
The New Jersey State Police shall make the initial recommendation,
based solely on the New Jersey State Statutes, to the Police Department,
who shall provide the information to the Review Committee. It shall
advise the Review Committee whether or not the volunteer is being
recommended. The Review Committee will receive a preprinted form on
each individual submitted to the State Police for a background check.
One form will be for recommendation and the other will be for rejection.
If there is a rejection, the Review Committee may still allow the
employee or volunteer to participate. The New Jersey State Police
will make a recommendation based on the record only. It is within
the Review Committee's discretion to overturn the decision of the
New Jersey State Police recommendation.
B.
The Review Committee shall promptly notify a prospective
or current employee or volunteer whose criminal history background
check reveals a disqualifying conviction. The person shall have 30
days from the receipt of that notice to petition the Review Committee
for a review and cite reasons substantiating the review.
C.
Notwithstanding the provision of § 22-3 of this article, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization on the basis of any conviction disclosed by a criminal history record background check 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 person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to
the offense; and
(8)
Any evidence of rehabilitation, including good conduct
in prison or the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of those who have had the person under their supervision.
D.
The Review Committee shall promptly advise the organization,
in writing, if a current or prospective employee or volunteer whose
criminal history record background check 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 of P.L. 1993, c.
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 (4) of Subsection b of N.J.S.A. 2C:34-1, or an attempt to commit
any of these enumerated offenses.
F.
When the Review Committee receives written notification
from the Police Department stating whether the criminal history record
background check of a current or prospective employee or volunteer
performed pursuant to the provision of N.J.S.A. 15A:3A-4 reveals a
disqualifying offense or stating that the person has affirmatively
demonstrated rehabilitation under this act, the organization or Review
Committee may file that written notification with the Police Department.
G.
The Police Department shall keep the written notification
on file for three years from the date it was issued.
H.
The Review Committee may request the Police Department
to review its files to determine if there is written notification
on file stating whether a criminal history record background check
of a current or prospective employee or volunteer revealed a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this act. A current or prospective employee or
volunteer shall not be required to submit to another criminal history
record background check if such written notification was issued within
the past three years.
I.
No person or entity shall be held liable in any civil
or criminal action brought by any party based on any written notification
on file with the Police Department pursuant to the provisions of this
article.
Failure to comply with this article may result
in the Township withholding funding for the program or league, prohibiting
the use of facilities, and/or prohibiting the use of facility maintenance.
[Adopted 10-9-2007 by Ord. No. 07-22]
In addition to the qualifications required by
law and elsewhere in this Code, no person shall be appointed to provide
services either as a paid or volunteer emergency medical technician
or as a member of the paid or volunteer fire department, unless the
person:
For the purposes of this article, each applicant
shall submit to the Township the applicant's name, address, fingerprints
and written consent for a criminal history record background check
to be performed. The Township is authorized to exchange fingerprint
data with and receive criminal history record information from the
State Bureau of Identification in the Division of State Police and
the Federal Bureau of Investigation consistent with applicable state
and federal laws, rules and regulations.
