The Township Administrator, Township Clerk and Chief
of Police are hereby authorized to request a criminal history background check
of any person, in accordance with N.J.S.A. 40:48-1.4, for any official governmental
purpose, including, but not limited to, employment, licensing, volunteers
involved with minors, volunteer fire and rescue applicants and the procurement
of services. The person submitting to a criminal history record background
check shall submit to being fingerprinted in accordance with applicable state
and federal law, rules and regulations. The Township Administrator,
Township Clerk and Chief of Police are authorized to exchange fingerprint
data with and receive criminal history record information from the State Bureau
of Identification in the Division of State Police and the Federal Bureau of
Investigation. Any person who has submitted to a criminal background check,
upon request, shall be able to receive the results of the check.
The municipality, in its discretion, may charge any person
submitting to a criminal background check the actual cost paid to outside
agencies for obtaining the criminal history.
A person may be disqualified from serving as an employee
or volunteer of a Township-sponsored program involving minors or any Township
organization if that person's criminal history background check reveals
a record of conviction for any of the following crimes and offenses:
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. and N.J.S.A.
2C:15-1 et seq.
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 35 of the New Jersey Statutes except paragraph (A) of subsection a. of N.J.S.A. 2C:35-10.
In any other state or jurisdiction, conduct which, if
committed in New Jersey, would constitute any of the crimes or disorderly
person offense described.
If this criminal history background check may disqualify
an employee or volunteer for any purpose, such person shall be provided an
opportunity to challenge the accuracy of the information contained. The person
shall be afforded a reasonable period of time to correct this record and provide
an accurate record. Failure to do so within a reasonable period shall result
in disqualification.
Appeal process. The Business Administrator shall be designated
as the person for any appeal that is brought forth by any applicant for employment
or volunteer position. The person shall have 30 days from the receipt of the
notice of disqualification to petition the Administrator for a review.
No person shall be disqualified from serving as an employee
or volunteer on a basis of conviction disclosed in a criminal history background
check if the person has affirmatively demonstrated to the Administrator clear
and convincing evidence of the person's rehabilitation. The Administrator
can consider the following factors: