[Adopted 3-26-2013 by Ord. No. 1-13]
A.
Background checks required.
(1)
Any Borough of Maywood youth-serving organization, as defined by
state law, N.J.S.A. 15A:3A-1, shall require all employees and volunteers
of that organization who have regular, unsupervised contact with minors
to obtain a criminal history background check.
(2)
The costs associated with conducting the background check shall be
in accordance with fees established by the State Bureau of Identification
and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d)
for employees and volunteers.
(3)
The Borough shall bear the cost of background checks for employees
only.
(4)
Youth organizations may at their own discretion pay the costs associated
with conducting the background check for volunteers. However, if the
youth organization does not choose to bear said costs; volunteers
themselves must bear the costs associated with conducting the background
check.
(5)
No employee or volunteer may commence work without having first undertaken
and been cleared by a criminal history background check.
B.
Conditions under which a person shall be disqualified from service.
A person shall be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history background check reveals a record of conviction of 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 as set forth in N.J.S.A. 2C:11-1, et seq., such as
criminal homicide; N.J.S.A. 2C:12-1, et seq., such as assault, reckless
endangerment, threats, or stalking; N.J.S.A. 2C:13-1, et seq., such
as kidnapping; N.J.S.A. 2C:14-1, et seq., such as sexual assault;
or, N.J.S.A. 2C:15-1, et seq., such as robbery;
(b)
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., such as endangering the welfare of a child;
(c)
Involving theft as set forth in Chapter 20 of Title 2C 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 or disorderly persons
offenses described in this section.
C.
Submission, exchange of background information.
(1)
Each employee or volunteer shall submit his or her application and
consent for a criminal history background check to the Borough Administrator.
The Borough Administrator shall coordinate the background checks with
the New Jersey State Police, in accordance with the requirements of
N.J.S.A. 15A:3A-1 et seq.
(2)
Once an accurately completed application and consent for a criminal
background check is received by the Borough Administrator, the employee
or volunteer will be given the necessary documents to get their fingerprints
taken by an authorized state agency. Employee or volunteer is responsible
for making and keeping the necessary appointment for fingerprints
to be taken. The Borough will seek restitution from any employee or
volunteer for any fees charged for appointments canceled.
(3)
The State Police Bureau of Identification shall inform the Borough Administrator whether the employee or volunteer's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 52-88B of this article. The Borough Administrator is not given any personal information on the individual's record, only that the individual is, or is not, recommended to coach or work. The results of the background check will only be shared with the appropriate organization Chairperson, unless an appeal is made thus involving the members of the Appeals Council.
(4)
If the background check disqualifies the individual from employment
or volunteering, he or she shall be so notified by the Borough Administrator.
The details in the background check that result in a negative determination
by the State Police are only available to the employee or volunteer
upon making a formal request to the State Bureau of Investigation.
It will then be up to the individual to obtain a copy of this record
and provide it to the Borough Administrator for appeal consideration.
(5)
Successful background checks shall be reported to the appropriate
organization Chairperson, who shall maintain a list of all individuals
who are qualified to serve as employees or volunteers with nonprofit
youth-serving organizations by virtue of their having successfully
completed the background check.
(6)
A successful background check remains valid for three years.
(7)
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.
D.
Appeal procedure.
(1)
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
(a)
A person may challenge the accuracy of the criminal history
record;
(b)
A person may claim to be rehabilitated;
(c)
No person may appeal a disqualification on the grounds 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.
(2)
A challenge to the accuracy of the report shall be filed with the
Maywood Borough Chief of Police, who shall coordinate the challenge
with the New Jersey State Police.
(3)
An appeal based on rehabilitation shall be made to an Appeals Council,
which shall consist of the appropriate organization Chairperson, the
Maywood Borough Chief of Police or the Chief's designee, and the Maywood
Borough Administrator. Any such appeal must be made within 30 days
of receipt of the notice of disqualification.
(4)
In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Council shall consider the following factors:
(a)
The nature and responsibility of the position which 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 repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(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 recommendation
of those who have had the person under their supervision.
(5)
If the Appeals Council determines that the disqualified person has
been successfully rehabilitated, it shall enter that person's name
on the list of qualified employees and volunteers maintained by the
responsible appropriate organization or committee.
(6)
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Appeals Committee, as authorized by federal or state
statute, rule or regulation, executive order, administrative Code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this subsection.
The records shall be exempt from public disclosure under common law
or N.J.S.A 47:1A-1 et seq.
(7)
The Appeals Committee shall limit their use of criminal history record
information solely to the authorized person for which it was obtained,
and criminal history record information furnished 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. Any person violating
federal or state regulations governing access to criminal history
record information may be subjected to criminal and/or civil penalties.
E.
Penalty. Failure to comply with this article may result in the Borough
withholding funding for the nonprofit youth-serving organization,
prohibiting the use of facilities, or withholding funding for facility
maintenance.
F.
Severability. In the event that any portion of this article is found
to be invalid for any reason by any court of competent jurisdiction,
such judgment shall be limited in its effect only to that portion
of the article actually adjudged to be invalid, and the remaining
portions of this article shall be deemed severable therefrom and shall
not be affected.
