[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.]
GENERAL REFERENCES
Officers and employees — See Ch. 55.
A.
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.
B.
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.
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:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
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.
(b)
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.
(c)
Involving theft as set forth in Chapter 20 of
Title 2C of the New Jersey Statutes.
(d)
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.
(2)
In any other state or jurisdiction, conduct which,
if committed in New Jersey, would constitute any of the crimes or
disorderly persons offense described.
B.
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.
C.
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.
D.
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:
(1)
The nature and responsibility of the position which
the convicted person would hold;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to
the offense; and
(8)
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.
