[HISTORY: Adopted by the Township Council
of the Township of East Hanover 12-12-2005 by Ord. No. 34-2005. Amendments noted where applicable.]
The Township Administrator or his/her designee
is authorized to request a criminal history record background check
of any person for an official governmental purpose, including, without
limitation, employment.
When requested by the Township Administrator
or his/her designee, any person seeking employment with the Township
for a position which entails contact with children under the age of
18 years, persons over the age of 60, persons who are physically or
mentally handicapped, or persons who by reason of illness are at risk,
shall submit to the Township Administrator or his/her designee a copy
of his or her fingerprints in accordance with applicable state and
federal laws, rules and regulations. Fingerprinting of the applicant
shall be done by the Township or its designated entity at the Township's
expense.
The records which the Township Administrator or his/her designee is authorized to request and receive shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers, neither the entity coordinating the program, if the Township shall employ such, nor the Township shall receive a copy of the criminal record but will, instead, receive from the State Police notification that the background check revealed information which would serve to disqualify the person, who may then file an appeal pursuant to § 12-11 hereof.
A.
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a
person may be disqualified from serving as an employee or volunteer
of a youth-serving organization if that person's criminal history
record background check reveals a conviction in New Jersey of any
of the following crimes and offenses:
(1)
Homicide.
(2)
Assault, endangering, threats.
(3)
Kidnapping.
(4)
Sexual offenses.
(5)
Robbery.
(6)
Theft.
(7)
Bigamy.
(8)
Controlled dangerous substances, except N.J.S.A. 2C:35-10a(4)
(possession of 50 grams or less of marijuana, including any adulterants
or dilutants, or five grams or less of hashish).
B.
A person convicted in any other state or jurisdiction of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in Subsection A of this section, may be disqualified from serving as an employee or volunteer of a youth-serving organization.
In order to obtain the criminal history record
information, the Township Administrator or his/her designee shall
submit the required fee, fingerprint data and request to the State
Bureau of Identification. The State Bureau of Identification shall
receive all criminal history record information from the Federal Bureau
of Investigation and shall disseminate that information to the Township
Administrator or his/her designee. The requesting official shall follow
all rules or regulations which might be promulgated by the Attorney
General of the State of New Jersey pursuant to N.J.S.A. 52:14B-1 et
seq.
Any person 18 years of age or older at the time
of commencement of participation in any youth activity, regardless
of the capacity (whether a volunteer or an employee) for any program
that is organized by the Township of East Hanover or any East Hanover-based
organization that utilizes Township facilities must undergo a mandatory
background record check.
Any person who has undergone a record check
similar to the program that is utilized by the Township may request
enrollment into the Township plan so long as it is within six months
from the date of their application in a comparable background record
check program, and further provided that it meets the threshold standards
of the program utilized by the Township of East Hanover.
A person whose primary residence does not change
must renew his/her enrollment in the background record check program
every three years if the person wishes to continue as a volunteer
or employee with the youth program within the Township. Any person
who changes his or her residence must undergo the full
mandatory record check in order to be requalified.
Any celebrity guests will be allowed to participate
in programs within the Township so long as they are under the supervision
of an approved record check participant. Further, this chapter does
not apply to volunteers and employees of teams and/or organizations
that are not based in the Township of East Hanover.
The East Hanover Chief of Police or his designated
representative shall work with the Township Administrator, the Superintendent
of Recreation or any other organization in administering this program.
Any person who feels that he or she has been
erroneously or wrongly prohibited from participation in any activities
covered by this chapter may appeal to the Superintendent of Recreation
in the case of volunteer participation in youth programs or to the
Township Administrator in all other cases. The decision of the Superintendent
or Administrator, as the case may be, shall be final.
