[HISTORY: Adopted by the Township Council of the Township of Manchester as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-2019 by Ord. No. 19-039[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Emergency Service/Public Safety Volunteers, adopted 12-10-2012 by Ord. No. 12-027.
All persons seeking volunteer positions which in the discretion of the Chief of Police qualify as emergency services or public safety volunteer positions are required to submit to a physical examination, background investigation, fingerprinting and to provide a criminal history record as a condition of volunteer employment, pursuant to N.J.S.A. 40:48-1.4.
For the purposes of this article, an emergency services or public safety volunteer refers to any person who is applying for or performing a public safety task in an unpaid position for a state, county, or municipal criminal justice agency, fire department, or first aid squad. These tasks are defined as public safety functions normally conducted by paid criminal justice agencies, fire departments or first aid squads which are now being accomplished by unpaid volunteers. This also includes members of the auxiliary police and the Manchester Emergency Medical Services Auxiliary.
The Township shall conduct a background investigation, criminal history background check and motor vehicle record background check only upon receipt of written consent from the prospective or current volunteer.
The prospective volunteer shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations, and shall submit sufficient information on forms supplied by the New Jersey State Police.
A. 
Prospective or current volunteers shall submit their name, address, other required information and written consent to the Township for the background investigation, criminal history check and motor vehicle record check to be performed. The prospective or current volunteer shall provide the Township with all reasonable assistance to obtain background documentation and information.
B. 
Refusal to submit to a background investigation, criminal history record check, motor vehicle background check and/or physical examination shall constitute an automatic dismissal in prospective volunteer employment or current volunteer employment status.
A. 
The Township shall bear the costs associated with conducting the background investigation, criminal history background check and motor vehicle background check for all prospective and current volunteers.
B. 
Any prospective or current volunteer required to submit to a physical examination as a condition of volunteer employment shall bear the expense of such an examination.
The Chief of Police of Manchester Township is authorized to exchange fingerprint data and receive criminal history record information from the State Bureau of Identification of the State Police, the Federal Bureau of Investigation or other authorized information providers.
A. 
Conviction of any crime or offense as described in Title 2C of the New Jersey Code of Criminal Justice, N.J.S.A 2C:1-1 et seq., shall constitute a presumptive lack of fitness as an emergency services or public safety volunteer in the Township. In any other jurisdiction, conduct which, if committed in New Jersey, would constitute a crime of offense shall constitute presumptive lack of fitness as an emergency services or public safety volunteer in the Township.
B. 
In the event that a review of a current or prospective volunteer's motor vehicle record background check reveals convictions for serious violations of the New Jersey Motor Vehicle Code (Title 39), including convictions for driving while intoxicated, refusal to submit to chemical breath testing, driving with a suspended driver's privilege, leaving the scene of an accident, or similar violations in this or any other state or jurisdiction, the Chief may restrict or prohibit such prospective or current volunteer from operating a motor vehicle while performing services as an emergency services or public safety volunteer in the Township. In addition, the Chief may take other action as the Chief may deem appropriate, including directing the current or prospective volunteer to be disqualified from holding emergency services or public safety volunteer position within the Township.
C. 
Convictions of other offenses not contained or described within Title 2C of the New Jersey Code of Criminal Justice may constitute a lack of fitness for any person as an emergency services or public safety volunteer in the Township. The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would constitute grounds to disqualify, discipline or terminate any volunteer as indicated herein.
D. 
Disqualification or removal of any current or prospective emergency services or public safety volunteer is appropriate when competent evidence other than convictions in the discretion of the Chief of Police would render volunteer service to not be in the interest of public health, safety or welfare.
A. 
Should the current holder of, or applicant for, an emergency services or public safety volunteer position be deemed disqualified by the Chief of Police due to the results of a background investigation, criminal history check or motor vehicle background check, an appeal may be filed within 30 days of receiving notice of the disqualification. Any such appeal shall be filed in writing with the Manchester Township Business Administrator. Any appeal which is not timely and appropriately filed shall be deemed a waiver of any current volunteer's or applicant's right to appeal.
B. 
Upon notice to the Township Business Administrator of an appeal, a Review Committee shall be convened. The Review Committee shall consist of the Mayor, a Council Member, Business Administrator, Chief of Police or the Chief's Designee and the Emergency Management Coordinator.
C. 
Any timely and properly filed appeal shall be considered by the Review Committee within 60 days after notice to the Manchester Township Business Administrator. By filing an appeal, any current volunteer or applicant is waiving his or her right to privacy as to the Review Committee.
D. 
The Review Committee shall consider all of the circumstances of the proposed disqualification, including all documents which were considered to arrive at the decision to disqualify or terminate the current or prospective volunteer. The appellant may present to the Review Committee any additional factors that the appellant desires.
E. 
Upon the conclusion of the hearing before the Review Committee, the Review Committee shall issue a conclusion in writing to the current or prospective volunteer within 30 days. The written determination of the Review Committee is final.