The Borough Administrator or his/her designee is authorized
to request a criminal history background check of any person for an
official governmental purpose including, without limitation, employment,
licensing, and the procurement of services.
Any person 18 years of age or older at the time of commencement
of participation in any youth activity, regardless of the capacity
(whether as a volunteer or as an employee), for any program that is
organized by the Borough of Florham Park, sponsored by the Florham
Park Recreation Department, or granted charter club status by the
Borough of Florham Park, and that utilizes Borough facilities, must
undergo a mandatory background record check. Each person shall file
an application for the criminal background check with the State Police
via its authorized vendor, submit to fingerprinting, and bear any
and all costs involved with obtaining the criminal background check.
The records which the Borough Administrator or his/her designee is authorized to request and receive from an employee or volunteer shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers and employees, neither the entity coordinating the program, if the Borough should employ such, nor the Borough shall receive a copy of the detailed criminal record but will instead receive from the State Police notification that the background check revealed information which would serve to disqualify the person who may then file an appeal pursuant to §
82-10 hereof.
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a person may
be disqualified from serving as an employee or volunteer of a youth-serving
organization if that person's criminal history record background
check reveals a conviction of any of the following crimes and offenses:
A. In New Jersey, any crime or disorderly persons offense:
(1) 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.;
(2) Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(3) Involving theft as set forth in Chapter
20 of Title 2C of the New Jersey Statutes;
(4) Involving any controlled dangerous substance analog as set forth in Chapter
35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
B. 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
A of this section.
In order to obtain detailed criminal history record information,
the Borough Administrator or his/her designee shall request that the
prospective employee or volunteer submit the required application,
fee, and fingerprint data to the State Bureau of Identification via
its authorized vendor. The State Bureau of Identification shall receive
all criminal history record information from the Federal Bureau of
Investigation, and shall disseminate that information directly to
the applicant.
Any person who has undergone a background check that meets the
same standards as those conducted by the State Police, through its
authorized vendor, who can provide proof of the background check and
results, is exempt from the requirements contained herein until three
years have elapsed since the most current background check, so long
as the most current background check is within six months from the
date of his/her application in a comparable background check program,
and further provided that it meets the threshold standards of the
program utilized by the Borough of Florham Park.
Each person who is required to submit to a background check
in accordance with this chapter must submit to a new criminal background
record check every three years if the person wishes to continue as
a volunteer or employee with the youth program within the Borough.
Background record checks subsequent to the initial one may not involve
fingerprinting.
Any celebrity guests will be allowed to participate in programs
within the Borough as long as they are under the supervision of an
approved background check participant. Further, this ordinance does
not apply to volunteers and employees of teams and/or organizations
that are not based in the Borough of Florham Park.
The Florham Park Chief of Police or his designated representative
shall work with the Borough Administrator, the Director of Recreation,
or any other organization in administering this program.