[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-14-2004 by Ord. No. 1620]
As used in this chapter, the following terms
shall have the meanings indicated:
Any programs sponsored by the Borough which provide and utilize
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.
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 Middlesex 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.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey Statutes, or other laws of this state, organized and sponsored
by the Borough of Middlesex, 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.[1] as a bureau within the Division of State Police.
[1]
Editor's Note: See now N.J.S.A. 53:1-12.
A.
The Borough 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.
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 § 4-3 of this chapter.
C.
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.
D.
The Borough shall bear the costs associated with conducting
the criminal history record background checks.
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 more than one disorderly
persons offense:
(a)
Involving danger to the person, meaning those crimes
and disorderly persons offenses set forth in:
[1]
N.J.S.A. 2C:11-1 et seq., homocide/manslaughter;
[2]
N.J.S.A. 2C:12-1 et seq., assault (atrocious
through simple);
[3]
N.J.S.A. 2C:13-1 et seq., kidnapping/criminal
restraint/false imprisonment;
[4]
N.J.S.A. 2C:14-1 et seq., sexual assault through
lewdness; or
[5]
N.J.S.A. 2C:15-1 et seq., robbery.
(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 the Borough-sponsored programs involving minors, 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. The search results of the employee or volunteer determine whether the employee or volunteer is qualified or disqualified. The search results are sent by the New Jersey State Police to the Director of Public Recreation and Senior Services, who shall inform the employee or volunteer of the disqualification. Any employee or volunteer dissatisfied with the determination of the background search shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 4-7 of this chapter.
[Amended 10-25-2005 by Ord. No. 1670; 3-9-2021 by Ord. No. 2026]
A.
Prospective or current employees and volunteers of
nonprofit youth serving organizations and/or employees and volunteers
of 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 Police Chief
of the Borough of Middlesex, 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
non-criminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the nonprofit youth servicing
organization and/or the Borough-sponsored program involving minors,
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 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 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. This record shall be destroyed immediately after it has served
its intended and authorized purpose. Improperly disclosing criminal
history record information intentionally shall be deemed a petty disorderly
conduct and subject to a fine of $200 and up to 30 days in jail.
If this criminal history record may disqualify
an applicant or existing employee or volunteer for any purpose, the
Director of Recreation's 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 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.[1]
[1]
Editor's Note: Former § 4-7, Criminal background
check appeal process and Criminal Background Check Appeal Panel, which
immediately followed, was repealed 5-12-2020 by Ord. No. 1996.
[Adopted 9-28-2021 by Ord. No. 2043]
The Borough Administrator, Township Clerk, and Chief of Police,
or designated municipal official thereof, are hereby authorized in
accordance with N.J.S.A. 40:48-1.4 to request a criminal history record
background check of any person for an official governmental purpose,
including, but not limited to, licensing, vendors and the procurement
of services.
A.
When
requested by the authorized designated municipal official, any person
seeking a license or the right to perform services for the Borough
of Middlesex shall submit to being fingerprinted in accordance with
applicable state and federal laws, rules and regulations.
B.
The
Borough of Middlesex shall transmit the fees for the criminal history
record background check to the State Bureau of Identification.
A.
The
authorized municipal official or officer is 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.
B.
In
order to obtain the criminal history record information, the designated
municipal official shall submit the required fee, fingerprint data
and request to State Bureau of Identification. The State Bureau of
Identification shall receive all criminal history record information
from the Federal Bureau of Investigation and shall disseminate that
information to the designated municipal official.
C.
The
requesting official shall follow any rules or regulations which might
be promulgated by the Attorney General of the State of New Jersey
pursuant to N.J.S.A. 52:14B-1 et seq.
A person may be disqualified from obtaining a license, vendor or procurement of services contract if that person's criminal history record background check reveals a record of conviction of any of the crimes or offenses identified in § 4-3 herein or if the person refuses in any way to submit to a background check in accordance with this article.
