[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 2-11-2004 by Ord. No. 2004-6. Amendments noted where
applicable.]
A.
General requirement. All individuals seeking a volunteer
or paid position within the Township shall be required to submit to
mandatory background checks as outlined below, including both local
background checks and national background checks. These requirements
shall apply to new volunteers, elected officials and/or paid employees,
as well as returning volunteers, official and/or employees. Volunteers
shall be considered "returning" upon the start of their third term
in their position, or, in the case of coaches and related volunteers,
at the commencement of their third consecutive season. Employees shall
be considered "returning" in the event of separation of employment
and rehire. The requirement may not be waived by the Township Committee
or any other entity.
[Amended 3-23-2011 by Ord. No. 2011-4]
B.
Applicability. The requirements of this section shall apply to all individuals seeking a volunteer position within the Township, including but not limited to the following: the Environmental Commission, under Chapter 17A, the Fire Department, under Chapter 21, the Recreation Committee, under Chapter 39C, the Planning Board under § 27-1, the Zoning Board of Adjustment under § 27-9 and any volunteer for the Mansfield Township Recreation Association. The requirements shall further apply to all employment positions, including but not limited to those referenced under Chapters 2 and 17; provided however, that if the position is governed by state statute and is inconsistent with the terms of the chapter, then the state statue shall control. The application of this requirement shall be prospective.
[Amended 3-23-2011 by Ord. No. 2011-4]
All volunteers and employees shall be required
to first submit to a local background check, which shall be conducted
by a state and Township approved company. If the individual is found
to be currently charged or previously convicted with any felony or
any misdemeanor involving fraud, misrepresentation, dishonesty, violence
or in any way involving a child, then that person shall be deemed
to have failed the local background check and shall not be permitted
to remain in the position of employee or volunteer, as applicable.
If there is no such finding(s), then the individual will be deemed
to have passed the local background check and shall be considered,
as appropriate, a "probationary volunteer" or "probationary employee."
[Amended 3-23-2011 by Ord. No. 2011-4]
Following the local background check, all probationary
volunteers and probationary employees shall be required to submit
to a national background check, which will be processed through the
state and Township approved company. The Township approved company
is hereby authorized to use whatever database search processes necessary
to effectuate this check. It is anticipated that this process will
take approximately four to six weeks. If the national background check
reveals that the probationary volunteer is currently charged or was
previously convicted with any felony or any misdemeanor involving
fraud, misrepresentation, dishonesty, violence or in any way involving
a child, then that probationary volunteer or probationary employee
shall be deemed to have failed the national background check and he
or she shall not be permitted to remain in the position of employee
or volunteer, as applicable. If there is no such funding, then the
volunteer will be deemed to have passed the national background check
and shall be permitted to proceed in his or her position without probationary
status.
The individual seeking a position shall not
be charged a fee for the cost of the background checks. The Township
will pay for the cost of any background checks.
If an individual seeking a position fails either
the local or national background check, the individual shall be notified
by the Township Clerk of the failure in writing via certified and
regular mail, with the reasons for the rejection stated therein. The
individual shall further be advised in writing of his or her right
to a hearing before the Township Committee, specifying that the hearing
must be requested within 20 days of the receipt of the notice. If
a hearing is requested by the individual pursuant to this section,
the Committee shall first state the reasons for the denial on the
record, and the individual shall thereafter be permitted to state
his or her reasons as to why he or she should still be permitted to
be a volunteer. The Committee shall thereafter render a decision on
the individual's appeal and may either order the approval of the individual
as a volunteer, with or without reasonable restrictions, or reject
the individual's appeal. The Committee's decision shall, within 10
days after the hearing, be reduced to writing by the Township Clerk
and mailed certified and regular mail to the individual.
