[Adopted 9-27-2010 by Ord. No. 2143]
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 with a criminal background
check database or outside agency or through checking fingerprints
with those on file with the Federal Bureau of Identification in the
Division of State Police.
The Borough of Ridgefield Police Department.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey Statutes or other law of the state, but excluding public and
nonpublic schools, and which provides recreational, cultural, charitable,
social or other activities or services for persons younger than 18
years of age, and is exempt from federal income taxes.
A three-member Committee consisting of the Police Administration,
Recreation Administration and Borough Administrative Offices. The
Committee shall be charged with the review of all appeals by any employee
or volunteer whose criminal history background check reveals a disqualifying
criminal conviction.
Any person involved with a nonprofit youth-serving organization
who has unsupervised direct access to minors as a result of their
involvement with the organization.
A.
The Borough of Ridgefield requires that all employees and volunteers
of a nonprofit youth-serving organization request through the organization
or the Borough of Ridgefield Police Department that the organization
conduct a criminal history record background check on each prospective
and current employee or volunteer of the organization.
B.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for the check from the prospective
or current person with direct unsupervised access to minors.
C.
The employee or volunteer shall bear the costs associated with conducting
his/her criminal history background check if not covered by the organization
or a grant.
A.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses:
(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:24-1
et seq.;
B.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this article for that
league or program. The President or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this article. The roster shall
be on forms created and supplied by the organization and shall contain
a certification as to the accuracy and completeness of the roster
and individual names. The roster shall contain the date on which a
background check was performed. Any person who knowingly certifies
a background check roster that excludes an individual required to
be checked shall be in violation of this article and laws regarding
false swearing.
A.
Prospective or current employees or volunteers of nonprofit youth-serving
organizations shall, upon request, submit their names, address, fingerprints,
and written consent to the organization for the criminal history record
background check to be performed.
(1)
The organization shall submit this documentation to the Department
through the Chief of Police who shall coordinate the background check.
The RBAO and the Ridgefield Soccer program shall submit a list of
all volunteers/employees and the background check results to the Chief
of Police.
(2)
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this article for that
league or program. The President or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this article. The roster shall
be on forms supplied by the Borough of Ridgefield and shall contain
a certification as to the accuracy and completeness of the roster
and individual names. Any person who knowingly certifies a background
check roster that excludes an individual required to be checked shall
be in violation of this article and laws regarding false swearing.
Copies of all background check reports shall be attached to roster
certifications.
B.
The Ridgefield Borough Police Department shall act as a clearing
house for the collection and dissemination of information obtained
as a result of conducting criminal history record background checks
pursuant to this article.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment is restricted to the
members of the Review Committee, as authorized by federal or state
statute, rule or regulation, Executive Order, Administrative Code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this article.
B.
The Review Committee shall limit its use of criminal history record
information solely to the authorized person 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.
A.
If this criminal history record may disqualify an employee or volunteer
for any purpose, the Committee's determination shall be provided to
the employer or volunteer with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The employee or volunteer 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.
B.
When a background check is performed through the New Jersey State
Police, the State Police shall make the initial recommendation to
the Review Committee based solely on the New Jersey State Statutes.
They shall advise the Committee whether the volunteer or employee
is being recommended or not. The Review Committee will receive a preprinted
form on each individual submitted to the State Police for a background
check. One form will be for recommendation and the other will be for
rejection. If there is a rejection, the Committee may still allow
the employee or volunteer to participate. The New Jersey State Police
will make a recommendation based on the record only. It is within
the Committee's discretion to overturn the decision of the New Jersey
State Police recommendation.
A.
The Review Committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check reveals
a disqualifying conviction. The person shall have 30 days from the
receipt of that notice to petition the Committee for a review and
cite reasons substantiating the review.
B.
Notwithstanding the provisions of § 70-36 of this article, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization on the basis of any conviction disclosed by a criminal history record background check; if the person has affirmatively demonstrated to the Committee clear and convincing evidence of the person's rehabilitation, the Review Committee shall consider the following factors:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstance under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work release programs or the recommendation of those
who have had the person under their supervision.
C.
The Committee shall promptly advise the nonprofit youth-serving organization
whether a person is qualified to serve as an employee or volunteer
of the organization.
