[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 3-16-2004 by Ord. No. 2835 (Ch. 14 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 131.
The following definitions are relative to criminal history background checks for employees and volunteers of nonprofit youth servicing organizations and/or employees and volunteers involved with Township-sponsored programs involving minors. As used in this chapter:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
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.
DEPARTMENT
The Township of Nutley Police Department.
NONPROFIT YOUTH SERVING ORGANIZATION or ORGANIZATION
A 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, 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.
TOWNSHIP-SPONSORED PROGRAMS
Any program sponsored or in any way supported by the Township which provide and utilize Township facilities and/or Township property.
VOLUNTEER
Any person involved with a nonprofit youth servicing organization who has direct access to minors as a result of their involvement with the organization.
A. 
The Township 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 § 40-3 of this chapter.
C. 
The Township 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 Township 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 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.
(d) 
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 (4) of N.J.S.A. 2C:35-10.
(2) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A(1) of this section.
B. 
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 Director of the Department of Parks and Public Property of the Township of Nutley. Any employee or volunteer dissatisfied with the determination by the Director of the Department of Parks and Public Property shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 40-7 of this chapter.
A. 
Prospective or current employees and volunteers of nonprofit youth serving organizations and/or employees and volunteers of Township-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 Township of Nutley, 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 Township 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.
D. 
The Chief of Police, or his designee, shall coordinate a criminal history background check every two years after the initial check.
A. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the Director of the Department of Parks and Public Property and any member of the Appeal Panel pursuant to § 40-7 of this chapter 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. 
The Director of the Department of Parks and Public Property and any member of the Appeal Panel pursuant to § 40-7 of this chapter 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. The 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 person making the 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 disqualifying person shall be afforded a reasonable period of time to challenge 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 Director of the Department of Parks and Public Property disqualifies an employee or volunteer or denies the challenge concerning the accuracy of a criminal history report, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Township of Nutley no later than 20 days after receiving the determination from the Director of the Department of Parks and Public Property. 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 by the Director of the Department of Parks and Public Property, the Township of Nutley hereby creates a Criminal Background Check Appeal Panel which shall consist of three members.
(1) 
The composition of the Criminal Background Check Appeal Panel shall be as follows:
(a) 
One member of the Criminal Background Check Appeal Panel shall be the Police Chief of the Township of Nutley.
(b) 
One member of the Criminal Background Check Appeal Panel shall be selected by the Mayor of the Township of Nutley.
(c) 
One member of the Criminal Background Check Appeal Panel shall be selected by the Board of Commissioners.
(2) 
The terms of the members of the Criminal Background Check Appeal Panel shall be three years, with each member serving without compensation.
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 determination of the Director of the Department of Parks and Public Property concerning his disqualification of the employee or volunteer.
(2) 
To hold hearings and adjudicate appeals by employees and volunteers dissatisfied with the determination of the Director of the Department of Parks and Public Property concerning the accuracy of the criminal history record.