Township of Washington, NJ Chapter 9 Criminal History Background Checks

[HISTORY: Adopted by the Township Committee of the Township of Washington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 13.

First Aid Squad — See Ch. 14.

Officers and employees — See Ch. 21.

Personnel policies — See Ch. 24.

Police Department — See Ch. 27.

Article I Fire Department and First Aid Squad

[Adopted 12-17-2007 by Ord. No. 28-07]

§ 9-1 Criminal history checks required for volunteer positions.

Pre-service criminal history checks will be required for all applicants for volunteer positions with the Fire Department and First Aid Squad.

§ 9-2 Process for obtaining background checks.

[Amended 5-18-2009 by Ord. No. 09-09]

A. Applicants 18 years of age or older for the volunteer positions set forth above, who apply for volunteer positions after the effective date of this article, must consent to a criminal history check to be conducted through the State Bureau of Investigation. The Township shall cover the cost of the criminal history check. Such applicants shall fully complete “Form D” (available at the New Jersey State Police Internet website, www.njsp.org, or the Police Department) and follow the instructions for obtaining a criminal history background check, which includes making an appointment to be fingerprinted by the state contract vendor. Applicants who fail to obtain a criminal history background check or otherwise refuse to consent to or cooperate in securing a criminal history check shall not be considered for appointment.

B. Applicants less than 18 years of age must complete “Form C” available at the New Jersey State Police Internet website, www.njsp.org, or from the Washington Township Police Department and follow the instructions for obtaining a criminal history background check, which includes making an appointment to be fingerprinted by the state contract vendor. The applicant shall pay the fee required by the Division of State Police (which will be refunded by the Township if the applicant is appointed). Upon receipt of the report, the applicant must make a copy available to the Chief of Police, who will evaluate the report in accordance with the criteria set forth in § 9-3. Applicants who fail to submit the required report to the Chief of Police or otherwise refuse to secure a criminal history check shall not be considered for appointment.

§ 9-3 Criteria for evaluation and recommendation.

The Chief of Police of the Township of Washington shall receive and review the results of the criminal history checks for the volunteer positions set forth above. The Chief of Police shall recommend either approval or disapproval of each applicant for a volunteer position to the applicable Fire Company's Admissions and Suspensions Committee or the First Aid Squad's Membership Committee within 30 days. Except in the case of an applicant under the age of 18 years, the Chief of Police shall provide a written explanation for each recommendation of disapproval in writing to the applicable Admissions and Suspensions Committee or Membership Committee and shall forward a copy to the applicant. For applicants under the age of 18 years, the Chief shall not provide an explanation for a recommendation of disapproval to the applicable Admissions and Suspensions Committee or Membership Committee but shall notify the applicant of the recommendation. When reviewing a record with one or more convictions, the Chief of Police shall consider the following:

A. The nature and responsibility of the applicant's prospective position;

B. The nature and seriousness of the offense;

C. The circumstances under which the offense occurred;

D. The date of the offense;

E. The age of the applicant when the offense was committed;

F. Whether the offense was repeated;

G. Social conditions which may have contributed to the offense; and

H. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational education, successful participation in correctional work-release programs, or the recommendation of persons who have supervised the applicant.

§ 9-4 Appeal.

An applicant 18 years of age or older receiving a recommendation of disapproval from the Chief of Police may appeal by submitting a letter explaining the basis for his or her appeal to the applicable Fire Company's Admissions and Suspensions Committee or the First Aid Squad's Membership Committee. An applicant less than 18 years of age receiving a recommendation of disapproval from the Chief of Police may appeal by submitting a letter explaining the basis for his or her appeal to the Chief of Police. Such an appeal must be made within 20 days of the applicant's receipt of written notice of the recommendation of disapproval. If the applicant challenges the accuracy of the conviction information obtained by the criminal history check, he or she shall be afforded a reasonable period of time to attempt to correct the record. If the applicant merely challenges the propriety of the Chief of Police's recommendation, the applicable Admissions and Suspensions Committee or Membership Committee, or the Chief of Police in the case of an applicant less than 18 years of age, shall promptly review the appeal and shall notify the applicant within 30 days of its determination. If no action is taken by the applicable Committee or the Chief within 30 days of such an appeal, the recommendation of disapproval from the Chief of Police shall be deemed affirmed.