[HISTORY: Adopted by the City Council of the City of Garfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-24-2006 by Ord. No. 2473;
amended in its entirety 2-13-2007 by Ord. No. 2481]
As used in this article, the following terms shall have the meanings
indicated:
Any programs sponsored by the City of Garfield or the City of Garfield
Recreation Advisory Board or Recreation Department.
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.
Information collected by criminal justice agencies concerning persons
and stored in the computerized data bases 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 City of Garfield 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
article, to the State Bureau of Identification for the dissemination of history
record information.
Any 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, 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.
The New Jersey State Bureau of Identification created by P.L. 1930,
c.65 (N.J.S.A. 52:1-12 et seq.), a bureau within the division of State Police.
A.
The City requires that all employees and volunteers who
serve as coaches, assistant coaches or direct supervisors of children, and
who are 18 years of age or older, of a nonprofit youth-serving organization
request through the Recreation Advisory Board that the State Bureau of Investigation
conduct a criminal history record background check on each prospective and
current employee or volunteer of the organization.
B.
The Division of State Police shall inform the Department
and the individual whether the person's criminal history record background
check reveals a conviction of a disqualifying crime or offense set forth in
§ 116.4 of this article.
C.
The Recreation Advisory Board 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 City shall bear the costs associated with conducting
the criminal history record background checks.
E.
The criminal history record background check described
in this article shall be effective for a period of three years from the date
of the report. At the end of the three-year period, the Recreation Advisory
Board, in consultation with the Police Department, shall have the right to
request an additional, updated criminal history record background check.
A.
Prospective or current employees and volunteers of nonprofit
youth-serving organizations and/or employees and volunteers of City-sponsored
programs involving minors shall submit their name, address, fingerprints,
other required information and written consent to the Recreation Advisory
Board for the criminal history record background check to be performed. The
Recreation Advisory Board shall submit this documentation to the State Bureau
of Identification.
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 Recreation Advisory Board may, in its discretion,
engage the services of a third-party independent agency or a volunteer group
authorized by the Chief of Police to conduct the criminal history record background
checks authorized under this article.
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 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:14-1
et seq.
(c)
Involving theft, as set forth in Chapter 20 of Title
2C of the New Jersey Statutes.
B.
For purposes of interpreting the information recorded
in a criminal history record to determine the qualifications of the employee
or volunteer of a nonprofit youth-servicing organization and/or the employee
or volunteer involved with City-sponsored programs involving minors, the City
shall presume that the employee or volunteer is innocent of any charges or
arrests for which there are no final dispositions on the record.
C.
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 Recreation Director together with the Police
Department and be forwarded to the Recreation Advisory Board. Any employee
or volunteer dissatisfied with the determination shall be entitled to file
an appeal with the Criminal Background Check Appeal Panel created pursuant
to this article.
A.
Access to criminal history record information for noncriminal
justice purposes, including licensing and employment, is restricted to the
Police Department and Criminal Background Check Appeal Panel, 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
article.
B.
Such persons or organizations 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 purpose. 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.
If this criminal history record may disqualify an applicant or existing
employee or volunteer for any purpose, the disqualified person shall have
an opportunity to complete and challenge the accuracy of the information contained
in the criminal history record or request an exception. The disqualified person
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.
A.
Criminal background check appeal process. If the City
disqualifies an employee or volunteer, the employee or volunteer may appeal
that disqualification by filing a written notice of appeal with the Chief
of Police no later than 20 days after receiving notice of the disqualification.
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 the City of Garfield 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 Police Chief or his designee.
(2)
One member of the Criminal Background Check Appeal Panel
shall be the Director of the City of Garfield Recreation Department.
(3)
One member of the Criminal Background Check Appeal Panel
shall be a member of the City of Garfield Police Department selected by the
Chief of Police.
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 chapter, including but not limited to the following:
(1)
To hold hearings and adjudicate appeals by employees
and volunteers dissatisfied with the disqualification.
(2)
To hold hearings and adjudicate appeals by employees
and volunteers dissatisfied with the determination concerning the accuracy
of the criminal history record.
(3)
To grant exceptions where appropriate.
D.
Findings. Not later than 45 days after the conclusion
of the hearing, the Criminal Background Check Appeal Panel shall issue its
findings of fact and the Panel's decision to the employee/volunteer involved
in the appeal and the Recreation Advisory Board, who shall act in accordance
with the Panel's decision.
