[HISTORY: Adopted by the Township Committee of the Township
of Lebanon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-6-2008 by Ord. No. 2008-03]
Membership in the Lebanon Township First Aid Squad shall be
in accordance with this article and the constitution, rules and bylaws
of the Lebanon Township First Aid Squad, including any and all amendments
to those documents. Membership shall be open to all persons who are
able to perform first aid squad duties and to meet the criteria set
forth in this article, without discrimination on the basis of an applicant's
race, creed, color, sex, age, national origin, ancestry, marital status
and/or physical handicap.
A.
In the event of any inconsistency between the provisions of this
article and any other document related to the Lebanon Township First
Aid Squad, this article shall take precedence and govern over such
other inconsistent document(s).
B.
The Lebanon Township First Aid Squad, and each member of the Lebanon
Township First Aid Squad, shall comply with all applicable federal,
state, county and local laws, ordinances, rules and regulations governing
the operation of the Lebanon Township First Aid Squad and its members.
No person shall be eligible to become a member of the Lebanon
Township First Aid Squad unless such person completes the application
process, including executing an authorization and consent to conduct
a criminal history background check and submitting to being fingerprinted,
as more specifically set forth below.
A.
For purpose of this article, a "criminal history record background
check" means 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 State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation.
B.
The Township requires that, as a condition of membership with the
Lebanon Township First Aid Squad, all prospective members shall submit
to being fingerprinted in accordance with applicable federal, state,
county and local laws, ordinances, rules and regulations.
C.
As a further condition of membership with the Lebanon Township First
Aid Squad, all prospective members shall authorize the Township, through
its duly authorized representative, 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.
D.
In order to obtain criminal history record information pursuant to
this article and N.J.S.A. 40:48-1.4, the Township shall submit the
fingerprint data for prospective members of the Lebanon Township First
Aid Squad to the State Bureau of Identification in the Division of
State Police. 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.
E.
The Township shall conduct a criminal history record background check
of a prospective member of the Lebanon Township First Aid Squad only
upon receipt of the written authorization and consent to the criminal
history background check from the prospective member. A form for the
authorization and consent to said background check shall be provided
to each prospective member along with the application for membership
with the Lebanon Township First Aid Squad. Failure to submit a fully
signed and witnessed written authorization and consent form shall
be grounds to reject an application for membership with the Lebanon
Township First Aid Squad.
F.
The Township shall bear the costs associated with conducting criminal
history record background checks.
G.
An individual shall be disqualified from serving as a member of the
Lebanon Township First Aid Squad if that prospective member's
criminal history record background check reveals a record of conviction
of any of the following crimes and/or offenses:
(1)
In New Jersey, any crime and/or disorderly persons offense and/or
petty disorderly persons offense:
(a)
Involving danger to the person, including, but not limited to,
those crimes, disorderly persons offenses and petty disorderly offenses
set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A.
2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. and/or N.J.S.A. 2C:15-1
et seq.;
(b)
Against the family, children or incompetents, including, but
not limited to, those crimes and disorderly persons offenses set forth
in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A.
2C:17-1 et seq., N.J.S.A. 2C:18-1 et seq. and/or N.J.S.A. 2C:20-1
et seq.;
(d)
Involving offenses against public administration, perjury and
other falsification in official matters, obstructing governmental
operations, misconduct in office and/or abuse of office as set forth
in N.J.S.A. 2C:27-1 et seq., N.J.S.A. 2C:28-1 et seq., N.J.S.A. 2C:29-1
et seq. and/or N.J.S.A. 2C:30-1 et seq.;
(e)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey statutes; or
(f)
Involving operation of a motor vehicle while intoxicated in
violation of Chapter 4 of Title 39 of the New Jersey Statutes.
(2)
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes, disorderly persons
offenses and/or petty disorderly persons offenses described herein.
H.
All prospective members, upon receiving a conditional offer of membership
with the Lebanon Township First Aid Squad, shall submit their name,
address, fingerprints and written consent to the Township for the
criminal history record background check to be performed. All conditional
offers of membership with the Lebanon Township First Aid Squad shall
be specifically subject to the prospective member passing the criminal
history record background check, along with any other requirements
as provided by law and/or requested by the Township.
I.
Access to the criminal history record background information of prospective
members of the Lebanon Township First Aid Squad obtained under this
article is restricted to authorized personnel of the Township on a
need-to-know basis, as may be authorized by federal or state statute,
rule or regulation, executive order, administrative code, this article
and/or resolution regarding obtaining and dissemination of criminal
history record background information. Said employees are the Township
Clerk, Police Chief, Mayor, Township Attorney and Township Labor Counsel
and those other employees specifically designated in writing by the
Mayor.
J.
Criminal history record background information 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. Said records are not
public records under the Open Public Records Act.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
K.
An applicant for a position as a volunteer for the Lebanon Township First Aid Squad whose criminal history background check demonstrates a disqualifying conviction enumerated in Chapter 37, Article I of the Township Code may apply to the Lebanon Township Committee for a waiver of the disqualifying effect of such enumerated conviction in accordance with this section.
[Added 8-19-2009 by Ord. No. 2009-05]
(1)
No waiver of a disqualifying conviction which is a third degree crime
or above, or the equivalent thereof, may be granted by the Township
Committee if such disqualifying conviction cannot be waived for purposes
of public employment pursuant to N.J.S.A. 2C:51-2 or expunged pursuant
to N.J.S.A. 2C:52-2(b); however, if such record of conviction is expunged
pursuant to N.J.S.A. 2C:52-2(b) or an equivalent therefor, then the
Township Committee shall be permitted to grant the waiver thereof,
in its sole discretion.
(2)
A waiver of a disqualifying conviction which is a fourth degree crime
shall not be granted if the conviction involved a forfeiture of or
bar from future public employment under any provision of state law
or equivalent thereof; however, if such record of conviction is expunged
pursuant to N.J.S.A. 2C:52-2(b) or an equivalent thereof, then the
Township Committee shall be permitted to grant the waiver thereof,
in its sole discretion.
(3)
A waiver of a disqualifying conviction which is a disorderly or petty
disorderly conviction shall not be granted if the conviction involved
a forfeiture of or bar from future public employment under any provision
of state law or the equivalent thereof; however, if such record of
conviction is expunged pursuant to N.J.S.A. 2C:52-2(b) or an equivalent
thereof, or if the court which imposed the conviction thereof grants
an application for relief from the effect thereof on public employment
or service, then the Township Committee shall be permitted to grant
the waiver thereof, in its sole discretion.
(4)
A waiver of a disqualifying conviction which is an ordinance violation
may be waived by the Township Committee in its sole discretion, so
long as the conviction did not involve an act involving theft, lewdness
or violence against another person.
(5)
No waiver may be granted if the underlying conviction is a disqualifying
event under N.J.S.A. 40:48-1.4 and has not been expunged by a court
of competent jurisdiction.
(6)
All waiver applications shall be made in writing, stating the disqualifying
event, the applicant's rehabilitation therefrom and the reason
the waiver should be granted.
(7)
An expungement of any conviction by a court of competent jurisdiction
shall be prima facie evidence of rehabilitation.
(8)
All hearings by the Township Committee shall be conducted in executive
session unless the applicant notifies the Township Clerk within seven
calendar days of said hearing that they desire the matter to be heard
in public session. To the extent permitted by law, the record of such
hearing shall be a confidential personnel record and not subject to
disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1.1,
et. seq. Two members of the Squad Membership Committee shall sit in
on any hearings on behalf of the Squad but shall not have a vote.
