The
Township Clerk and/or Chief of Police, or other designee of the Township
Committee, are hereby authorized and directed to require a criminal
history background check of any person, in accordance with N.J.S.A.
40:48-1.4 and N.J.S.A. 15A:3A-3, for any official governmental purpose,
including but not limited to all adults, those persons 18 years of
age or older; including, but not limited to, coaches, assistant coaches,
umpires, or similar positions involved in educating, directing or
supervising youth in a Township-sponsored youth program and those
volunteers of a Township-sponsored program involving the elderly or
infirm; or those volunteers serving with the fire and rescue operations
of the Township. All persons subject to the mandatory criminal history
background checks under this article shall submit to background checks
in accordance with applicable state and federal laws, rules and regulations.
The Township Clerk and/or Chief of Police are authorized to use third-party
vendors to exchange data with and receive criminal history from the
State Bureau of Identification in the Division of the State Police
and Federal Bureau of Investigation. Any person who has submitted
to a criminal history background check, upon request, shall be permitted
to review the results of the check. Nothing contained herein shall
prohibit any Township-sponsored program from enacting standards greater
than those set forth in this chapter.
The
Township, in its discretion, may charge to 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.
All
adults, those persons 18 years of age or older, including but not
limited to, coaches, assistant coaches, umpires or similar positions
involved in educating, directing or supervising youth in a Township-sponsored
youth program, or in a Township-sponsored program involving the elderly
or infirm, shall submit required information for the purpose of obtaining
a criminal history background check with the State Bureau of Identification
in the New Jersey State Police pursuant to N.J.S.A. 15A:3A-3 to the
Town Clerk, Chief of Police or other Township designee.
Upon
receipt of a completed background check conducted by the State Bureau
of Identification in the New Jersey State Police, the Chief of Police
of the Township or his designee shall notify the applicant, as well
as the appropriate department head or volunteer organization of affirmative
or negative results.
In
the event the criminal background check reveals any prior convictions
for crimes or offenses set forth in N.J.S.A. 15A:3A-3, that individual
shall be prohibited from participating in any Township-sponsored youth
programs or Township-sponsored programs involving the elderly or infirm,
or with serving with the fire and rescue operations of the Township,
subject to the appeal process set forth below.
Not less than 30 days prior to the start of the Township-sponsored activity, the head of each volunteer organization must submit to the Chief of Police and the Township Clerk, a certified list of volunteers who the volunteer organization expects to be involved in the activities with the youth, elderly or infirm, or with fire and rescue operations. In the case of a Township-sponsored youth program, the Township shall not permit the use of facilities or release equipment to a volunteer organization until such time as all identified participants have demonstrated compliance with § 3-2A.
All
volunteers who successfully pass a background check shall be permitted
to participate in the Township-sponsored youth programs or Township-sponsored
program involving the elderly or infirm or participate as a volunteer
serving with the fire and rescue operations of the Township, as the
case may be. For those volunteers participating in a Township-sponsored
youth event, the Township shall issue identification badges indicating
that the volunteer has successfully passed the background check. Each
volunteer shall be required to display, upon request by the Chief
of Police or designee, or a Recreation Committee member, the identification
badge whenever he/she is participating in the Township-sponsored youth
program, whether practice, game or otherwise.
In
the event that a volunteer continues to participate in a Township-sponsored
youth program requiring background checks despite being advised of
the inability to do so, the Township shall prohibit, in its sole discretion,
the use of Township fields and equipment by the offending youth organization
until such time as the youth organization prohibits the ineligible
volunteer from participating in the Township-sponsored program or
the ineligible volunteer is made eligible as set forth in this chapter.
All
criminal background checks shall be filed and maintained in a database
and shall not be available to the public. 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 as
is necessary to serve their intended and authorized purpose, and in
conformance with the State of New Jersey Division Retention Schedule.
If
the criminal history background check 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 the record and provide an amended record. Failure to do
so within a reasonable period shall result in disqualification.
The
Township Committee is hereby designated as the body for any appeal
that is brought forth by any person deemed disqualified as a result
of a criminal history background check. The person shall have 30 days
from receipt of the notice of disqualification to petition the Township
Committee for a review.
A
current volunteer or applicant for a volunteer position need not be
automatically disqualified from serving as a volunteer on the basis
of a conviction disclosed in a criminal history background check if
said person has affirmatively demonstrated to the Township Committee
clear and convincing evidence of his or her rehabilitation. The Township
Committee may consider the following factors: