[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 7-19-2001 by Ord. No. 1571. Amendments
noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 184.
Volunteer municipal positions — See Ch. 118.
The purpose of this chapter is to require that,
effective upon the adoption of this chapter, all persons who volunteer
their services in South Plainfield recreational programs, and who
have contact with children and teenagers as a result of such volunteer
services, shall be requested to consent to a criminal history record
check prior to performing any such volunteer services. Applicants
for volunteer positions will be disqualified from performing volunteer
services if:
A.
Any such
applicant shall refuse to consent to a criminal history record check;
or
B.
If a criminal
history record check to which an applicant has consented discloses
a conviction for any offense which would disqualify an applicant for
paid public school employment as defined in Section 1 of P.L. 1986,
c. 116 (N.J.S.A. 18A:6-7.1).
Prior to performing any volunteer services,
all applicants for volunteer positions in the Borough of South Plainfield
Recreation Commission shall be requested to provide a written consent,
on forms to be furnished by the Borough, allowing the Borough of South
Plainfield to perform criminal history record checks on the applicant,
and authorizing the Borough of South Plainfield to exchange fingerprint
data and receive criminal history record information from the Federal
Bureau of Investigation and the Division of State Police for use in
making the determinations to be made under this chapter. Any applicant
who refuses to consent to such a background check will not be permitted
to provide volunteer services, and the Borough shall decline to accept
such volunteer services.
[Amended 6-6-2002 by Ord. No. 1571A]
An applicant for volunteer services shall submit
to the Borough of South Plainfield his or her name, address and fingerprints
taken on standard fingerprint cards by the South Plainfield Police
Department or an other law enforcement agency. The criminal history
record background checks shall be conducted by the New Jersey State
Police in accordance with N.J.S.A. 15A:3A-1 et seq.
Upon receipt of the criminal history record
information for an applicant from the Federal Bureau of Investigation
and the Division of State Police, the Borough of South Plainfield
shall notify the applicant, in writing, of the applicant's qualification
or disqualification as a recreational volunteer. If the applicant
is disqualified, the convictions which constitute the basis for the
disqualification shall be identified in the written notice to the
applicant.
An applicant shall have 14 days from the date
of the written notice of disqualification to challenge the accuracy
of the criminal history record information. No applicant for volunteer
services shall be disqualified from providing volunteer services without
first having an opportunity to challenge the accuracy of the disqualifying
criminal history record. Any challenge shall be decided by the governing
body of the Borough of South Plainfield in a confidential manner.
A.
A volunteer applicant shall be permanently disqualified
from volunteer services if the individual's criminal history record
reveals a record of conviction for a crime or any other offense for
which public school employment candidates are disqualified pursuant
to Section 1 of P.L. 1986, c. 116 (N.J.S.A. 18A:6-7.1) as follows:
(1)
Any crime of the first or second degree (i.e., severe
or aggravated offenses such as murder, aggravated assault, kidnapping,
sexual assault);
(2)
An offense set forth in Chapter 14 of Title 2C of
the New Jersey Statutes (sexual offenses);
(3)
An offense as set forth in N.J.S.A. 2C:24-4 (endangering
welfare of children) and N.J.S.A. 2C:24-7 (endangering welfare of
incompetent person);
(4)
An offense as set forth in N.J.S.A. 9:6-1 (child abuse,
abandonment, cruelty or neglect);
(5)
An offense involving the manufacture, transportation,
sale, possession, distribution or habitual use of a "controlled dangerous
substance" as defined in N.J.S.A.2C:35-1 et seq. or "drug paraphernalia"
as defined pursuant to N.J.S.A. 2C:36-1 et seq.;
(6)
A crime involving the use of force or the threat of
force to or upon a person or property, including but not limited to,
robbery, aggravated assault, stalking, kidnapping, arson, manslaughter
and murder;
(7)
A crime as set forth in Chapter 39 of Title 2C of
the New Jersey Statutes (firearms and dangerous weapons);
(8)
A third degree crime as set forth in Chapter 20 of
Title 2C of the New Jersey Statutes (theft and related offenses);
(9)
A crime as listed below:
(a)
Recklessly endangering another person, N.J.S.A.
2C:12-2.
(b)
Terroristic threats, N.J.S.A. 2C:12-3.
(c)
Criminal restraint, N.J.S.A. 2C:13-2.
(d)
Luring, enticing child into motor vehicle, structure
or isolated area, N.J.S.A. 2C:13-6.
(e)
Causing or risking widespread injury or damage,
N.J.S.A. 2C:17-2.
(f)
Burglary, N.J.S.A. 2C:18-2.
(g)
Usury, N.J.S.A. 2C:21-19.
(h)
Threats and other improper influence, N.J.S.A.
2C:27-3.
(i)
Perjury and false swearing, N.J.S.A. 2C:28-3.
(j)
Escape, N.J.S.A. 2C:29-5.
(10)
Or conspiracy to commit or an attempt to commit
any of the crimes described in this section.
B.
For the purposes of this section, a conviction exists
if the individual has at any time been convicted under the laws of
this state or under any similar statutes of the United States or any
other state for a substantially equivalent crime or other offense.
C.
If an applicant's criminal history record check reveals
that charges are pending for a crime or any other offense enumerated
in Section 1 of P.L. 1986, c. 116 (N.J.S.A. 18A:6-7.1) the applicant
will be notified that he or she is not eligible to provide volunteer
services until the governing body of the Borough of South Plainfield
has made a determination regarding qualification or disqualification
upon adjudication of the pending charges.
The Borough of South Plainfield may maintain
the criminal record and application documents on an applicant for
no longer than three years from the date of determination as to the
candidate's qualification or disqualification for volunteer service.
All documents submitted by a candidate and all criminal history record
information shall be maintained by the Borough of South Plainfield
in a confidential manner.
