[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-10-2000 by Ord. No. 5-00]
This article is enacted pursuant to N.J.S.A.
40:42-1 et seq., the Home Rule Act, which directs municipalities to
act for the health, welfare, and safety of its citizens and to implement
N.J.S.A. 15:8-1.1.
"Membership in a Volunteer Fire Company" means
membership in a Volunteer Fire Company organized pursuant to Title
15 of the Revised Statutes or Title 15A of the New Jersey Statutes,
Membership in a Volunteer Fire Company or similar organization constituted
in a Fire District pursuant to N.J.S.A. 40A:14-70.1, membership in
a Junior Fire Fighter's Auxiliary established pursuant to N.J.S.A.
40A:14-95, or nonpaid membership in a part-paid fire department or
force established pursuant to Chapter 14 of Title 40A of the New Jersey
Statutes.
Any person desiring membership in a Volunteer
Fire Company or First Aid Squad shall file a disclosure application,
in duplicate, with the Volunteer Fire Company or First Aid Squad.
Excepted are current members of any Atlantic Highlands Fire Company
or First Aid Squad and changes of membership class or Company within
or between the Department and Squad. The form of the application may
be prescribed by the Volunteer Fire Company and First Aid Squad, but
shall contain the following information about the applicant:
A.
Name.
B.
Home address.
C.
Birth date.
D.
Social security number.
E.
Driver's license number.
G.
Any conviction of violation of N.J.S.A. 2C:33-3, False
public alarms.
H.
Any conviction of a crime or disorderly persons violation.
I.
Such other information as the Volunteer Fire Company
deems relevant to the application provided none of such information
is prohibited by law.
Following the filing of such application, the
Volunteer Fire Company and First Aid Squad shall transmit one of the
applications to the Chief of Police of the Borough who shall conduct
an investigation to ascertain the truth of the statements made by
the applicant upon his/her application and any such other investigation
of the applicant's background as he deems necessary for the protection
of the public good. If as the result of such investigation the applicant
is found to have been convicted of violation of N.J.S.A. 2C:17-1 a,
b, c and/or d or N.J.S.A. 2C:33-3 or any other crime or disorderly
persons violation or any other information that would indicate the
applicant may be a threat to the health, safety or welfare of the
community, the Chief of Police shall report such information and the
particulars thereof to the Volunteer Fire Company or First Aid Squad,
as appropriate, and the Borough Council.
In connection with said investigation, the applicant
shall submit to fingerprinting, and the Chief of Police is authorized
to submit applicant's fingerprint card and receive state criminal
history record information from the Division of State Police/State
Bureau of Identification for use in considering the suitability of
all applicants covered under this article.[1]
The above investigation by the Chief of Police
shall be completed within 30 days of receipt of the application and
the fingerprinting of applicant.
[Adopted 4-26-2023 by Ord. No. 07-2023]
Criminal history background checks shall be required for any
person with regular and direct access to minors involved in any youth-serving
organization in the Borough of Atlantic Highlands, including all current
or prospective coaches, assistant coaches, board members, seasonal
or permanent employees, and volunteers. This requirement shall apply
to any recreation or sports program offering services for persons
younger than 18 years of age that are sponsored, funded or administered,
in whole or in part, by the Borough or its Recreation Committee.
For the purposes of this article, the following words and terms
shall have the following meanings:
A vendor which is authorized by the State of New Jersey to
conduct criminal history record background checks.
A determination of whether a person has a criminal record
by cross-referencing that person's records 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 Borough of Atlantic Highlands Police Department.
A corporation, association or other organization, including
those with nonprofit status, which provides recreation-related activities
or services for persons younger than 18 years of age in connection
with the Borough of Atlantic Highlands sponsored or cosponsored youth
activities programs or leagues.
A.
Any individual subject to the requirement in § 103-7 of this article shall be fingerprinted and undergo a criminal history background check to be conducted by the Department through the State Bureau of Identification in the Division of State Police or an authorized vendor.
B.
The Department shall conduct a criminal history record background
check only upon receipt of the requisite written consent from the
individual.
C.
The individual shall bear the costs associated with conducting a
criminal history background check, unless an agreement is made otherwise
with the Borough and the Recreation Committee.
D.
If the Department is notified by the Division of State Police or the authorized vendor that an individual's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 103-10 of this article, the Chief of Police shall promptly notify the Borough Administrator.
E.
Any person who, by virtue of his/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 to the Borough Administrator proof of the satisfactory
results of such background check, is exempt from the requirement hereunder
unless two years have elapsed since the most current background check.
F.
Notwithstanding any provision herein to the contrary, the Borough
may also contract with a youth-serving recreation organization and
the organization may conduct the criminal history background checks
in accordance with the provisions of this section.
Disqualifying conditions. The Borough Administrator, in consultation
with the Chief of Police, shall make a determination as to whether
any event in the criminal history check record constitutes a disqualifying
condition. A person may be disqualified from serving as an employee
or volunteer of a youth-serving recreation organization if that person's
record reveals 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;
(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, possession
of 50 grams or less of marijuana.
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 Subsection A.
C.
This list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as exhaustive
of the criminal convictions or violations that may be grounds for
disqualification based upon the discretion of the Borough Administrator
and Chief of Police.
D.
Disorderly persons convictions that occurred more than 10 years prior
to the date of the criminal background search shall not serve to disqualify
the individual involved, provided there have been no subsequent conviction
and provided the original violations did not involve children or minors.
A.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
members of the Department and responsible personnel as authorized
in the written consent or 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.
Criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records.
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 or entities.
If a criminal history record may disqualify an individual, that
individual shall be provided with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The individual, upon his or her request, shall be afforded
a reasonable period of time to correct and complete this record. The
Department shall coordinate between the individual and the Division
of State Police or the authorized vendor any such opportunity to complete
or challenge the accuracy of the information contained in the criminal
history record.
If an employee or volunteer is convicted of a disqualifying crime or offense as specified in § 103-10 hereof after such person has cleared the required background check, such person must immediately (no later than three days after such conviction) notify the Borough Administrator of the conviction. Such person shall be immediately disqualified from his or her position.
In the event the Borough Administrator determines that an individual
is disqualified as a result of a conviction, the individual shall
be notified by the Clerk, in writing, and be immediately barred from
any further participation in the Borough's recreational activities.
The individual shall have a right to appeal within five days of such
notification and request a hearing before the Borough Committee. Such
hearing shall not be open to the public in order to protect the privacy
interests of the individual. At the time of the hearing, the individual
shall be prepared to present any witnesses or evidence in support
of his or her claim that the violation does not negatively impact
his or her ability to be involved with children's activities
at Borough -owned facilities. The Committee shall hear the evidence
and testimony as presented by the individual and shall have the opportunity
to cross-examine or call witnesses of its own. The hearing may be
continued from time to time in the event the Committee determines
additional information or testimony is needed. Upon the conclusion
of any hearings, the Borough shall render its written decision within
30 days.
Failure to comply with this section by any youth-serving recreation
organization may result in the Borough withholding funding for any
of its programs, and/or prohibiting its use of Borough facilities.
