[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 5-2-05 as Ord. No. 2005-30. Amendments noted where applicable.]
As used in this ordinance:
A.
CRIMINAL
HISTORY RECORD BACKGROUND CHECK — A determination of whether
a person has a criminal record by cross-referencing that person's
name and fingerprints with those on file with the Federal Bureau of
Investigation, Identification Division and the State Bureau of Identification
in the Division of State Police.
B.
DEPARTMENT
— The Township of Barnegat Police Department.
C.
TOWNSHIP-SPONSORED
PROGRAMS — Any programs sponsored by the township and/or which
utilize township facilities or township property.
A.
The township requires that all employees and volunteers, eighteen
(18) years or older, involved with township-sponsored programs involving
minors submit to a criminal history record background check.
B.
The Division of State Police shall inform the designated department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in Section 40-3.
C.
A criminal history record background check shall be conducted only
upon receipt of the written consent to check from the prospective
or current employee or volunteer.
D.
The township shall bear the costs associated with conducting criminal
background checks.
A.
A person may be disqualified from serving as an employee or volunteer
of a township sponsored program involving minors 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 person offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S. 2C:11-1 et seq., N.J.S. 2C:12-1
et seq., N.J.S. 2C:13-1 et seq., N.J.S. 2C:14-1 et seq. or N.J.S.
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. 2C:24-1 et seq.;
[Amended 3-20-06 By Ord. No. 2006-10]
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
unless the substance referenced therein was obtained directly, or
pursuant to a valid prescription or order form from a practitioner,
while acting in the course of his professional practice, or except
as otherwise authorized by P.L. 1970, c. 266 (C. 24:21-1 et seq.).
[Amended 3-20-06 by Ord. No. 2006-10]
(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 subsection 1 of this section.
Prospective or current employees and volunteers of township
sponsored programs involving minors shall submit their name, address,
fingerprints and written consent to the township for the criminal
history record background check to be performed. The organization
shall submit this documentation to the Township of Barnegat Chief
of Police who shall coordinate the background check.
A.
Access to criminal history information for noncriminal justice purposes,
including licensing and employment is restricted to authorized personnel
of the designated department, on a need to known basis, as authorized
by federal or state statute or rule or regulation, executive order,
administrative code, local ordinance or resolution.
B.
The township shall limit its use of the criminal history record information
solely to the authorized purpose for which it was obtained and the
criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive such information.
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. All record shall be destroyed immediately after it has served
its intended and authorized purpose. Any person violating federal
or state regulations governing access to criminal history record information
may be subject to criminal and/or civil penalties.
If this criminal history record may disqualify an applicant
for any purpose, the person making the determination shall provide
the applicant with an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record. The applicant
shall be afforded a reasonable period of time to correct and complete
this record. A person is not presumed guilty of any charges or arrests
for which there are not final dispositions indicated on the record.
Should an employee or volunteer be convicted of a disqualifying crime or offense as specified in Section 40-3 after he or she has cleared the required background check, he or she must notify the Township Administrator immediately.
