[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 6-20-2005 by Ord. No. 1501. Amendments
noted where applicable.]
As used in this chapter:
Any programs sponsored by the Borough of River Edge, the River Edge
Recreation Commission or the Central Athletic Council.
The River Edge Central Athletic Council, Inc., a nonprofit corporation
organized for purposes of promoting the youth sports organizations organized
and operated under the auspices of the Borough of River Edge and/or the River
Edge Recreation Commission.
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 River Edge 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.
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 Borough requires that all employees and volunteers,
18 years of age and older, of a nonprofit youth-serving organization request
through the Central Athletic Council, or the Recreation Commission, that the
State Bureau of Identification 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 § 189-4 of this chapter.
C.
The Central Athletic Council and/or the Recreation Commission
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.
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,
other required information and written consent to the Central Athletic Council
or the Recreation Commission for the criminal history record background check
to be performed. The Central Athletic Council or the Recreation Commission
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 chapter.
C.
The Central Athletic Council and/or the Recreation Commission
may, in their 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 chapter.
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 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.
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 State Police. 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 chapter.
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
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. 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 State
Police 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
from the State Police. 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 chapter the Borough of River Edge 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 River Edge Recreation Commission.
(3)
One member of the Criminal Background Check Appeal Panel
shall be a member of the River Edge 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 to the Central Athletic Council and Recreation Commission
who shall act in accordance with the Panel's decision.