[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield 12-30-1991 by Ord. No. 383 (Ch. 10, Art. I, of the 1977 Township Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
Officers and employees — See Ch. 55.
The Township Administrator and Township Clerk are hereby authorized to request a criminal history background check of any person, in accordance with N.J.S.A. 40:48-1.4, for any official governmental purpose, including, but not limited to, employment, licensing, volunteers involved with minors, volunteer fire and rescue applicants and the procurement of services. The person submitting to a criminal history record background check shall submit to being fingerprinted in accordance with applicable state and federal law, rules and regulations. The Township Administrator and Township Clerk are authorized 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. Any person who has submitted to a criminal background check, upon request, shall be able to receive the results of the check.
The municipality, in its discretion, may charge any person submitting to a criminal background check the actual cost paid to outside agencies for obtaining the criminal history.
A person may be disqualified from serving as an employee or volunteer of a Township-sponsored program involving minors or any Township organization if that person's criminal history background check reveals a record of conviction for any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
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., and N.J.S.A. 2C:15-1 et seq.
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:33-1 et seq.
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 35 of the New Jersey Statutes except paragraph (A) of subsection a. of N.J.S.A. 2C:35-10.
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offense described.
If this criminal history background check may disqualify an employee or volunteer for any purpose, such person shall be provided an opportunity to challenge the accuracy of the information contained. The person shall be afforded a reasonable period of time to correct this record and provide an accurate record. Failure to do so within a reasonable period shall result in disqualification.
Appeal process. The Business Administrator shall be designated as the person for any appeal that is brought forth by any applicant for employment or volunteer position. The person shall have 30 days from the receipt of the notice of disqualification to petition the Administrator for a review.
No person shall be disqualified from serving as an employee or volunteer on a basis of conviction disclosed in a criminal history background check if the person has affirmatively demonstrated to the Administrator clear and convincing evidence of the person's rehabilitation. The Administrator can consider the following factors:
The nature and responsibility of the position which the convicted person would hold;
The nature and seriousness of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated incident;
Any social conditions which may have contributed to the offense; and
Including, but not limited to, any evidence of rehabilitation, including good conduct, counseling or psychiatric treatment received.
Except as provided in this chapter, all background investigations and fingerprinting shall remain confidential and shall not be disclosed to anyone without the express written consent of the applicant.