Borough of Mount Arlington, NJ Chapter 25 Criminal History Background Checks of Employees and Volunteers

[HISTORY: Adopted by the Mayor and Council of the Borough of Mount Arlington 2-27-2006 as Ord. No. 04-06. Amended in its entirety 5-8-2006 by Ord. No. 13-06. Subsequent amendments noted where applicable.]

§ 25-1 Definitions relative to criminal history background checks for employees and volunteers.

As used in this chapter:

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 Mount Arlington Police Department.

C. SBI — The State Bureau of Identification in the Division of State Police.

§ 25-2 Request for criminal background check; costs.

[Amended 5-7-2007 by Ord. No. 09-2007; 4-14-2008 by Ord. No. 04-2008; amended in entirety 12-6-16 by Ord. No. 09-2016]

A. The borough requires that the SBI conduct a criminal history record background check on each prospective borough employee or appointee and each volunteer involved in any borough activity, program, committee, board, agency, or in any way serving or associated with the borough. Such checks shall be performed prior to employment or commencement of service as a volunteer and follow up checks are permissible. Follow up checks shall also be performed for lifeguards and volunteers on or before the third anniversary of the commencement of their service.

B. Each prospective employee and each volunteer shall coordinate the completion of all forms necessary to apply to the SBI for the background check with the Department. The Department shall collect all forms necessary to apply, and shall submit them to the office of the Borough Administrator for submission to the SBI. The SBI shall inform the Borough Administrator whether the person's criminal history record background check reveals an incident that creates a safety concern to the public or a conviction of disqualifying crime or offense as specified in Section 25-3 of this chapter.

C. The borough shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective employee or volunteer, or if the employee or volunteer is less than 18 years old, the written consent of both that employee or volunteer and his or her parent or legal guardian.

D. The borough shall bear the costs associated with conducting criminal history background checks.

§ 25-3 Conditions under which person is disqualified from service.

A. A person may be disqualified from serving as a borough employee or volunteer if that person's criminal history record background check reveals an incident that creates a safety concern to the public or a record of conviction of any of the following crimes and offenses:

[Amended 12-6-2016 by Ord. No. 09-2016]

(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. or 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:14-1 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 2C 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 person offenses described in subsection (1) of this section.

§ 25-4 Limitations on access and use of criminal history record information.

A. Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the borough, on a need to know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter.

B. Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose 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. This 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.

§ 25-5 Employee or volunteer may challenge accuracy of report.

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 no final dispositions indicated on the record.