As used in this article, the following terms shall have the
meanings indicated:
Any program sponsored or in any way supported by the Borough
which provides and utilizes Borough facilities and/or Borough property.
A 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.
The Borough of Garwood 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 this state 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.
Any person involved with a nonprofit youth-servicing organization
that has direct access to minors as a result of their involvement
with the organization.
A.
The Borough of Garwood requires that all employees and volunteers
of a nonprofit youth-serving organization request through the Department
that the State Bureau of Identification in the Division of State Police
conduct a criminal history record background check on each prospective
and current employee or volunteer of the organization that is over
the age of 18. No organization shall be permitted to utilize any Borough-owned
facilities, or no Borough-sponsored program shall be conducted, and
no employee or volunteer shall be permitted to participate in any
organization or Borough-sponsored program, except in accordance with
this article.
B.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 126-15 of this article.
C.
The Department 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.
D.
The Borough of Garwood shall bear the costs associated with conducting
the criminal history record background checks for employees and volunteers
of the Recreation Department.
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 or offenses:
(1)
In New Jersey, any crime or disorderly person's 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-l et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A 2C:14-1
et seq.
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes.
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes
except Paragraph (4) of N.J.S.A 2C:35-10.
B.
The determination of whether the information contained in the criminal history record is sufficient to disqualify an employee or volunteer shall be made by the Chief of Police or his designee. Any employee or volunteer dissatisfied with the determination by the Department shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 126-19 of this article.
A.
Prospective or current employees and volunteers of nonprofit youth-serving
organizations and/or employees and volunteers of the Recreation Department,
and Borough-sponsored programs involving minors, shall submit their
name, address, fingerprints and written consent to the organization
for the criminal history record background check to be performed.
The organization shall submit this documentation to the Chief of Police,
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 article.
C.
The Department may, in its discretion, engage the services of a third-party
independent agency to conduct the criminal history record background
checks authorized under this article.
D.
The Chief of Police, or his designee, shall coordinate a criminal
history background check every two years after the initial check.
E.
The Director of the Recreation Department shall be responsible to
submit names to the Department for any new volunteer or employee of
the Recreation Department, Borough or nonprofit youth-serving organization
prior to participation or employment.
A.
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the Chief of Police, or his designee, and any member of the appeal panel pursuant to § 126-19 of this article, 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 article.
B.
The Chief of Police, or his designee, and any member of the appeal panel pursuant to § 126-19 of this article 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 it shall not be disseminated to any unauthorized persons. The 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.
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the person making
the determination shall provide the disqualified person with an opportunity
to complete and challenge the accuracy of the information contained
in the criminal history record. The disqualifying person shall be
afforded a reasonable period of time to challenge 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.
A.
Criminal background checks appeal process. If the Chief of Police
or his designee disqualifies an employee or volunteer or denies the
challenge concerning the accuracy of a criminal history report, the
employee or volunteer may appeal that determination by filing a written
notice of appeal with the Borough Administrator/Clerk of the Borough
of Garwood no later than 20 days after receiving the determination
from the Chief of Police or his designee. Any appeal requested shall
proceed before the Criminal Background Check Appeal Panel.
B.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this article by the Chief of Police or his designee,
the Borough of Garwood hereby creates a Criminal Background Check
Appeal Panel, which shall consist of three members. The composition
of the Criminal Background Check Appeal Panel shall be as follows:
(1)
One member of the Criminal Background Check Appeal Panel shall be
the Chief of Police of the Borough of Garwood or his designee.
(2)
One member of the Criminal Background Check Appeal Panel shall be
the Borough Administrator/Clerk or Recreation Director of the Borough
of Garwood.
(3)
One member of the Criminal Background Check Appeal Panel shall be
the Police Commissioner of the Borough of Garwood.
C.
Powers. The Criminal Background Check Appeal Panel is granted and
shall have and exercise, in addition to other powers herein granted,
all the powers necessary and appropriate to carry out and execute
the purposes of this article, including but not limited to the following:
(1)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination of the Chief of Police or his
designee concerning the disqualification of the employee or volunteer.
(2)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination of the Chief of Police or his
designee concerning the accuracy of the criminal history record.
