[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-6-2012 by Ord.
No. 2012-01]
As used in this article, the following terms shall have the
meanings indicated:
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 State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation.
The Borough requires that, as a condition of being a recreation
volunteer with the Borough, all prospective recreation volunteers,
including, but not limited to, permanent, provisional, temporary and
seasonal employees and volunteers, shall submit to being fingerprinted
in accordance with applicable state and federal laws, rules and regulations,
as a condition of employment with the Borough.
As a further condition of being a recreation volunteer with
the Borough, all prospective employees, including, but not limited
to, permanent, provisional, temporary and seasonal employees, shall
authorize the Borough, by its duly authorized representative, to exchange
fingerprint data with and receive criminal history record information
from the State Bureau of Identification in the Division of State Police
and the Federal Bureau of Investigation.
In order to obtain criminal history record information pursuant
to this section and N.J.S.A. 40:48-1.4, the Borough shall submit the
fingerprint data for prospective volunteers to the State Bureau of
Identification in the Division of State Police. The State Bureau shall
receive all criminal history record information from the Federal Bureau
of Investigation and shall disseminate that information to the Borough.
The Borough shall conduct a criminal history record background
check of a prospective volunteer only upon receipt of the written
authorization and consent to the criminal history background check
from the prospective volunteer. A form for the authorization and consent
to said background check shall be provided to each prospective volunteer.
Failure to submit a fully signed and witnessed written authorization
and consent form shall be grounds to rescind any volunteer position.
The Borough shall bear the costs associated with conducting
criminal history record background checks.
An individual shall be disqualified from serving as a recreation
volunteer of the Borough if that prospective volunteer's criminal
history record background check reveals a record of conviction of
any of the following crimes and/or offenses:
A.
In New Jersey, any crime against the family, children or incompetents,
including, but not limited to, those crimes and disorderly persons
offenses set forth in N.J.S.A. 2C:7-1 to N.J.S.A. 2C:11-1 et. seq.
and N.J.S.A. 2C:24-1 et. seq.;
B.
Any other crime of violence against another; or
C.
Any crime of moral turpitude.
All prospective recreation volunteers, upon receiving a conditional
offer of employment, shall submit their name, address, fingerprints
and written consent to the Borough for the criminal history record
background check to be performed. All conditional offers of employment
shall be specifically subject to the prospective employee passing
the criminal history record background check, along with any other
requirements as provided by law and/or requested by the Borough.
Access to criminal history record background information of
prospective employees obtained under this section for employment purposes
is restricted to authorized personnel of the Borough on a need to
know basis, as may be authorized by federal or state statute, rule
or regulation, executive order, administrative code, this section
and/or resolution regarding obtaining and dissemination of criminal
history record background information. Said employees are the Borough
Administrator, Police Chief, Mayor, Borough Attorney and Borough Labor
Counsel and those other employees designated in writing by the Mayor.
Criminal history record background information 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. Said records are
not public records under the Open Public Records Act.
