[Adopted 3-20-2018 by Ord. No. 04-18]
As used in this article:
A determination of whether a person has a criminal record
by cross referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and the State Bureau of Identification (SBI) in the Division
of State Police.
The Fire Department of the Township Denville, as established pursuant to § 41-1 of this Code.
The First Aid Squad of the Township Denville, as established pursuant to § 41-6 of this Code.
Any unpaid person who serves with the Fire Department and/or
First Aid Squad.
A.
Prior to beginning service as a volunteer with the Fire Department
and/or First Aid Squad, any person 18 years of age or older must undergo
a mandatory criminal history background check. Applicants who fail
to submit their fingerprints or otherwise refuse to consent to or
cooperate in securing a criminal history background check shall not
be considered for appointment.
B.
Any person subject to the terms of this article shall request through
an independent agency designated by the Township, which agency ("registered
agency") must be registered with the Volunteer Review Operations ("VRO")
for such purpose, that the SBI conduct a criminal history background
check on each prospective volunteer. The criminal history background
check shall be conducted only upon receipt of the written consent
from the prospective volunteer. The VRO program processes the applicant
fingerprint cards, reviews records, and responds to the registered
agency with a letter reporting on the existence of any conviction
for crimes and/or offenses enumerated in N.J.S.A. 14A:3A-1 et seq.
Neither the registered agency nor the Township shall receive a copy
of the applicant's criminal history record.
C.
The Township shall bear the costs associated with conducting criminal
history background checks by the registered agency.
In order to serve as a volunteer with the Fire Department and/or
First Aid Squad, the result of the criminal history background check
of the volunteer subject to the terms of this article must be confirmation
from the VRO that no conviction exists. The registered agency shall
notify the volunteer and the Fire Chief of the status of the criminal
history background check.
The Director of Public Safety reserves the right to require,
on a random basis, that volunteers consent to criminal history background
checks at any time while they are serving with the Fire Department
and/or First Aid Squad.
A.
Applicants under 18 years of age for the volunteer positions set forth in Chapter 41, Fire Department, Article II, Junior Firemen's Auxiliary, are exempt from the criminal history background check requirements set forth in this article until such time as they turn 18 years of age. Within 10 days of turning 18 years of age, such volunteers must initiate the criminal history background check process set forth within.
B.
Volunteers of the Fire Department and/or First Aid Squad serving as of the effective date of this article are exempt from the preservice background check requirement set forth in § 12-14. However, such volunteers remain subject to the random criminal history background check requirement set forth in § 12-16.
The Township Administrator or designee and the Fire Chief shall
be responsible for coordination and administration of the criminal
history background check program pursuant to this article.
A.
If the VRO letter indicates that a conviction exists and/or that
the VRO was unable to locate a disposition of an enumerated crime
or offense, the Fire Chief shall provide the applicant with a reasonable
opportunity to obtain his/her own record from the SBI and review and
challenge the accuracy of the information contained in the record.
B.
At the option of the applicant, the applicant may obtain a copy of
their criminal history record and submit it to the Township with a
petition to approve his/her application. Such a petition must be considered
by an appeal board ("board") consisting of the Director of Public
Safety, the Chief of Police and the Fire Chief within 30 days of the
receipt of the petition. The appeal may be granted if the person has
affirmatively demonstrated to the board clear and convincing evidence
of the person's rehabilitation. In making this determination,
the board shall consider the following:
(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 circumstances under which the offense occurred.
(4)
The date of the offense and the age of the person when the offense
was committed.
(5)
Whether the offense was an isolated or repeated incident.
(6)
Any evidence of rehabilitation, including good conduct in prison
or in 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.
