[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 9-15-2009 by Ord. No. 09-15. Amendments noted where
applicable.]
The Borough Administrator or his/her designee is authorized
to request a criminal history background check of any person for an
official governmental purpose including, without limitation, employment,
licensing, and the procurement of services.
Any person 18 years of age or older at the time of commencement
of participation in any youth activity, regardless of the capacity
(whether as a volunteer or as an employee), for any program that is
organized by the Borough of Florham Park, sponsored by the Florham
Park Recreation Department, or granted charter club status by the
Borough of Florham Park, and that utilizes Borough facilities, must
undergo a mandatory background record check. Each person shall file
an application for the criminal background check with the State Police
via its authorized vendor, submit to fingerprinting, and bear any
and all costs involved with obtaining the criminal background check.
The records which the Borough Administrator or his/her designee is authorized to request and receive from an employee or volunteer 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 and employees, neither the entity coordinating the program, if the Borough should employ such, nor the Borough shall receive a copy of the detailed 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 § 82-10 hereof.
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 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 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.
or N.J.S.A. 2C:15-1 et seq.;
(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.;
In order to obtain detailed criminal history record information,
the Borough Administrator or his/her designee shall request that the
prospective employee or volunteer submit the required application,
fee, and fingerprint data to the State Bureau of Identification via
its authorized vendor. The State Bureau of Identification shall receive
all criminal history record information from the Federal Bureau of
Investigation, and shall disseminate that information directly to
the applicant.
Any person who has undergone a background check that meets the
same standards as those conducted by the State Police, through its
authorized vendor, who can provide proof of the background check and
results, is exempt from the requirements contained herein until three
years have elapsed since the most current background check, so long
as the most current background check is within six months from the
date of his/her application in a comparable background check program,
and further provided that it meets the threshold standards of the
program utilized by the Borough of Florham Park.
Each person who is required to submit to a background check
in accordance with this chapter must submit to a new criminal background
record check every three years if the person wishes to continue as
a volunteer or employee with the youth program within the Borough.
Background record checks subsequent to the initial one may not involve
fingerprinting.
Any celebrity guests will be allowed to participate in programs
within the Borough as long as they are under the supervision of an
approved background check participant. Further, this ordinance does
not apply to volunteers and employees of teams and/or organizations
that are not based in the Borough of Florham Park.
The Florham Park Chief of Police or his designated representative
shall work with the Borough Administrator, the Director of Recreation,
or any other organization in administering this program.
A.
Any person who feels that he or she has been erroneously or wrongly
prohibited from participation in any activities covered by this section
may appeal to both the Borough Administrator and the Director of Recreation,
in the case of volunteer and paid participation in youth programs;
or to the Borough Administrator in all other cases. The decision of
the Borough Administrator and/or the Director of Recreation, as the
case may be, shall be final.
B.
A person may challenge the accuracy of the criminal history record. The challenge shall be filed with the Borough Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in § 82-3, to obtain a detailed criminal history check for the appeals process. The challenge may be coordinated with the Chief of Police.
C.
Rehabilitation.
(1)
A person may claim to be rehabilitated. The claim shall be filed with the Borough Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in § 82-3, to obtain a detailed criminal history check for the appeals process. The claim may be coordinated with the Chief of Police. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(a)
The nature and responsibility of the position that the convicted
person would hold, or has held, as the case may be;
(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 person when the offense was committed;
(f)
Whether the offense was an isolated or a repeated one;
(g)
Any social conditions that may have contributed to the offense;
(h)
Any other evidence of rehabilitation, including good conduct
in prison or the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendations
of those who have had the person under their supervision.
(2)
If it has been determined by the Director of Recreation and/or the
Borough Administrator that the disqualified person has been successfully
rehabilitated, the person shall be included on the list of qualified
employees and volunteers.
(3)
No person may appeal a disqualification on the ground of rehabilitation
if the person has been rejected because that person has been convicted,
adjudicated delinquent, or acquitted by reason of insanity of aggravated
sexual assault; sexual assault; aggravated criminal sexual contact;
kidnapping pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1;
endangering the welfare of a child by engaging in sexual conduct which
would impair or debauch the morals of the child pursuant to Subsection
a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant
to Paragraph (4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing
pursuant to Section (1) of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal
sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor;
kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant
to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not
the parent of the victim; knowingly promoting prostitution of a child
pursuant to Paragraph (3) or Paragraph (4) of Subsection b of N.J.S.A.
2C:34-1; or an attempt to commit any of these enumerated offenses.
A.
Failure to comply with this chapter may result in the Borough withholding
funding for the youth-serving organization, prohibiting the use of
facilities, withholding funding for facility maintenance, or expulsion
from all coaching and employment opportunities.
B.
Any individual who has been advised, verbally or in writing, of his/her
disqualification to participate and who continues to participate,
may be subject to a fine of not less than $250 and not more than $2,500.
Each continuing violation shall constitute a separate offense.
A.
Access to criminal history record information shall be limited in
accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C.
13:59-1.1 et seq.
B.
The results of any and all criminal background checks supplied to
the Borough of Florham Park shall be filed and maintained in a secure
cabinet or room and shall not be made available to the public. Appropriate
steps must be taken to safeguard such records. The records shall be
exempt from public disclosure under the common law or the New Jersey
right-to-know law. The records shall only be retained for such period
of time as is necessary to serve their intended and authorized purpose
and thereafter shall be destroyed.
C.
Criminal history record information shall be limited in use solely
by the individual(s) for which it was obtained, and shall not be disseminated
to persons or organizations not authorized to receive the records.
This information shall be limited solely to the authorized purpose
for which it was given and it shall not be disseminated to any unauthorized
persons. Any person violating federal or state regulations governing
access to criminal history records information may be subject to criminal
and/or civil penalties.
