[Adopted 6-18-2007 by Ord. No. 949-07]
As used in this article, the following terms
shall have the meanings indicated:
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 in the Division of
State Police.
DEPARTMENT
The Borough of Old Tappan Police Department.
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established
pursuant to Title 15 or 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.
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 employees or volunteers 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 as specified in § 50-58 of this article.
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
criminal history background checks.
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 and offenses:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
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.
(2)
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.
(3)
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes.
(4)
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 (1) of Subsection a. of N.J.S.A.
2C:35-10.
A.
Prospective or current employees and volunteers of
nonprofit youth-serving organizations 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 Old Tappan Chief of Police,
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.
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-serving
organization, 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 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. 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 for any purpose, the person making the determination
shall provide the applicant with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The applicant 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.
