[HISTORY: Adopted by the Borough Council of the Borough of
Stone Harbor 11-16-2015 by Ord.
No. 1468.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 10.
Parks, recreation areas and bird sanctuary — See Ch. 400.
[1]
Editor's Note: Section 1, Statement of purpose, of this
ordinance stated that "in recognition of the dangers that persons
convicted of certain offenses may pose to children, the Borough of
Stone Harbor seeks to be proactive. To that end, the Borough Council
believes that it is appropriate and in the interests of the health,
safety and welfare of the residents of the Borough of Stone Harbor
to put into place procedures to conduct criminal history background
checks on volunteers and employees who will, in the performance of
their duties, have regular contact with children. The Borough Council
has the utmost respect for the volunteers and employees of the Borough.
This ordinance will allow the Borough to ensure that persons who have
been convicted of certain delineated offense will be ineligible for
duties that involve contact with children. In this way, the overriding
goal of providing the maximum protection for children participating
in Borough programs will be codified and subject to continuing oversight."
As used in this chapter, the following terms shall have the
meanings indicated:
Any programs organized and directed by the Borough Recreation
Department for children who are under the age of 18.
The determination of whether a person has a criminal record
by cross-referencing that person's name and/or fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the New Jersey
State Police SBI Criminal History Information System, the National
Law Enforcement Telecommunications System or other states' computerized
repositories containing criminal history record information consisting
of identifiable descriptions and notations of arrests, indictments
or other formal criminal charges and any dispositions arising therefrom,
including convictions, dismissals, correctional supervision and release.
The Borough of Stone Harbor Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a federal or
state statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this chapter, to
the State Bureau of Identification for the dissemination of criminal
history record information.
Any program or event which is organized for the specific
purpose of attracting participation by persons under 18 years of age
which utilizes public land or facilities.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65,[1] as a bureau within the Division of State Police.
[1]
Editor's Note: See N.J.S.A. 53:1-12 et seq.
A.
The Borough requires that all employees and volunteers over the age
of 18 years, and all persons utilizing Borough facilities, having
direct contact with minors and involved with Borough-sponsored programs
or other programs specifically organized for participation by persons
under the age of 18 years old, submit to a criminal history record
background check. Failure to so submit to such background check shall
constitute grounds for disqualification of that individual.
B.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent to the check from the prospective
or current employee or volunteer. In the case of an outside organization
utilizing Borough facilities for such programs, submission of a list
of applicable persons with such consent from each person shall be
required prior to approval of such use of Borough facilities.
C.
The Division of State Police shall inform the Borough Police Department
whether the person's criminal history record background check
reveals a conviction of a disqualifying crime or offense as set forth
herein below.
D.
The Borough shall bear the cost associated with conducting this criminal
history record background check for all employees or volunteers involved
in Borough-sponsored programs. Costs associated with persons required
to submit to such background checks, who are not Borough employees
or volunteers but utilize Borough facilities, shall be borne by such
individual or the organization for which such individual works or
volunteers.
A.
A person shall be disqualified from serving as an employee or volunteer
involved with Borough-sponsored programs or persons involved in other
programs using Borough facilities specifically organized for participation
by persons under the age of 18 years old if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or 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. (i.e., criminal
homicide; murder; manslaughter; death by vehicular homicide; aiding
suicide; leaving the scene of a motor vehicle accident); N.J.S.A.
2C:12-1 et seq. (i.e., assault; endangering an injured victim; recklessly
endangering another person; terroristic threats; stalking; disarming
law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq.
(i.e., kidnapping; criminal restraint; interference with custody;
criminal coercion; enticing child into motor vehicle, structure or
isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal
sexual contact; lewdness; juveniles in need of supervision); N.J.S.A.
2C:15-1 et seq. (i.e., robbery; carjacking).
(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. (i.e., bigamy; endangering the welfare of children, incompetent
persons, the elderly or disabled persons; willful nonsupport; unlawful
adoptions; employing a juvenile in the commission of a crime).
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes (i.e., including theft of real or personal property
in excess of $200; receiving stolen property; fencing; theft of services;
shoplifting; computer related theft).
(e)
Providing alcoholic beverages to minors.
(f)
Sexual offenses, including but not limited to child pornography,
pursuant to N.J.S.A. 2C:24-1 et seq.
(g)
Selling firearms or other weapons to pursuant to N.J.S.A. 2C:39-9.1;
lewdness and obscenity toward children, pursuant to N.J.S.A. 2C:24-4.
B.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer involved with Borough-sponsored programs or persons involved
in other programs using Borough facilities specifically organized
for participation by persons under the age of 18 years old, the Borough
shall presume that the employee or volunteer is innocent of any charges
or arrests for which there are no final dispositions on the record,
except for charges or arrests for sexual misconduct either in state
or without. As to such charges or arrests, such employee or volunteer
is required to notify the Chief of Police and the Director of the
Department of Recreation immediately following such charge or arrest.
C.
Notification of disqualification based on the criminal history record
shall be made to the employee or volunteer by the Chief of Police
or his designee.
A.
Prospective and/or current employees and volunteers of Borough-sponsored
programs or persons involved in other programs using Borough facilities
specifically organized for participation by persons under the age
of 18 years old shall submit the name, address, fingerprints and written
consent to the Borough for the criminal history record background
check to be performed. The Borough shall submit this documentation
to the Police Chief of the Borough of Stone Harbor, or his designee,
who shall coordinate the background check.
B.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this chapter.
C.
The Borough may, in its discretion, engage the services of a third-party
independent agency to conduct the criminal history record background
checks authorized under this chapter.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel of the Borough-sponsored program or other programs specifically
organized for participation by persons under the age of 18 years old,
on a need-to-know basis, as authorized by federal or state statute,
rule or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this chapter.
B.
Such persons shall limit their use of criminal history record information
solely to the authorized purpose 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 shall not be disseminated
to any unauthorized persons. This record, in whatever form it exists,
including electronically or via computer, shall be destroyed immediately
by the Borough 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.
If this criminal history record disqualifies an applicant or
existing employee or volunteer of the Borough or persons involved
in programs using Borough facilities for programs specifically organized
for participation by persons under the age of 18 years old, the Chief
of Police or his designee shall provide the disqualified person with
an opportunity to complete and challenge the accuracy of the information
contained in the criminal history record. The disqualified person
shall be afforded a reasonable period of time to correct and complete
this record, not to exceed 30 days. A person is not presumed guilty
of any charges or arrests for which there are no final dispositions
indicated on the record.
