[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 8-2-2011 by Ord. No. O:2011-15. Amendments noted where applicable.]
A.
The
Town Administrator and/or Chief of Police are hereby authorized to
require a criminal history background check of any person, in accordance
with N.J.S.A. 40:48-1.4, for any governmental purpose, including but
not limited to all current members and all applicants of any Town
Board, commission or committee in which the members are appointed
by the Mayor or Town Council. All persons subject to the mandatory
criminal history background checks under this article shall submit
to being fingerprinted in accordance with applicable state and federal
laws, rules and regulations. The Town Administrator and/or Chief of
Police are authorized to exchange fingerprint data with and receive
criminal history 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 permitted to review the results of the check.
B.
The
Town, in its discretion, may charge any person required to submit
to a criminal background check the actual cost paid to outside agencies
for obtaining the criminal history or any percentage thereof.
A.
A
person will be automatically disqualified from serving as a volunteer
of a Town Board, commission or committee if that person refuses to
submit to the mandatory criminal history background check required
by this article.
B.
A
person may also be disqualified from serving as a volunteer of a Town
Board, commission or committee if that person's criminal history
background check results reveal a record of conviction for any crime
or disorderly person's offense. Conduct in any other state which,
if committed in New Jersey, would constitute a crime or disorderly
person's offense shall be considered a disqualifying offense.
C.
If
the criminal history background check results will result in the disqualification
of a volunteer or applicant for any reason, such person shall be provided
an opportunity to challenge the accuracy of the information contained
therein. The person shall be afforded a reasonable period of time
to correct their record and provide an amended record. Failure to
do so within a reasonable period shall result in disqualification.
D.
The
Town Administrator is hereby designated as the person for any appeal
that is brought forth by any person deemed disqualified as a result
of a criminal history check. The person shall have 30 days from the
receipt of the notice of disqualification to petition the Administrator
for a review.
E.
A
current volunteer or applicant for a volunteer position need not be
automatically disqualified from serving as a volunteer on a basis
of conviction disclosed in a criminal history background check if
said person has affirmatively demonstrated to the Administrator clear
and convincing evidence of his or her rehabilitation. The Administrator
may 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.
