The purpose of this chapter is to require that,
effective upon the adoption of this chapter, all persons who volunteer
their services in South Plainfield recreational programs, and who
have contact with children and teenagers as a result of such volunteer
services, shall be requested to consent to a criminal history record
check prior to performing any such volunteer services. Applicants
for volunteer positions will be disqualified from performing volunteer
services if:
A. Any such
applicant shall refuse to consent to a criminal history record check;
or
B. If a criminal
history record check to which an applicant has consented discloses
a conviction for any offense which would disqualify an applicant for
paid public school employment as defined in Section 1 of P.L. 1986,
c. 116 (N.J.S.A. 18A:6-7.1).
Prior to performing any volunteer services,
all applicants for volunteer positions in the Borough of South Plainfield
Recreation Commission shall be requested to provide a written consent,
on forms to be furnished by the Borough, allowing the Borough of South
Plainfield to perform criminal history record checks on the applicant,
and authorizing the Borough of South Plainfield to exchange fingerprint
data and receive criminal history record information from the Federal
Bureau of Investigation and the Division of State Police for use in
making the determinations to be made under this chapter. Any applicant
who refuses to consent to such a background check will not be permitted
to provide volunteer services, and the Borough shall decline to accept
such volunteer services.
[Amended 6-6-2002 by Ord. No. 1571A]
An applicant for volunteer services shall submit
to the Borough of South Plainfield his or her name, address and fingerprints
taken on standard fingerprint cards by the South Plainfield Police
Department or an other law enforcement agency. The criminal history
record background checks shall be conducted by the New Jersey State
Police in accordance with N.J.S.A. 15A:3A-1 et seq.
Upon receipt of the criminal history record
information for an applicant from the Federal Bureau of Investigation
and the Division of State Police, the Borough of South Plainfield
shall notify the applicant, in writing, of the applicant's qualification
or disqualification as a recreational volunteer. If the applicant
is disqualified, the convictions which constitute the basis for the
disqualification shall be identified in the written notice to the
applicant.
An applicant shall have 14 days from the date
of the written notice of disqualification to challenge the accuracy
of the criminal history record information. No applicant for volunteer
services shall be disqualified from providing volunteer services without
first having an opportunity to challenge the accuracy of the disqualifying
criminal history record. Any challenge shall be decided by the governing
body of the Borough of South Plainfield in a confidential manner.
The Borough of South Plainfield may maintain
the criminal record and application documents on an applicant for
no longer than three years from the date of determination as to the
candidate's qualification or disqualification for volunteer service.
All documents submitted by a candidate and all criminal history record
information shall be maintained by the Borough of South Plainfield
in a confidential manner.