[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough 3-28-2006 by Ord. No. 2006-02. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The 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 of the New Jersey State Police
(SBI).
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the SBI, the National
Crime Information Center 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, pending court actions, dismissals, acquittals, sentencing,
correctional supervision and release.
The Township of Hillsborough 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, regulation, executive order, administrative code,
local ordinance, resolution or by this chapter, to the SBI for the
dissemination of criminal history record information.
The New Jersey State Bureau of Identification, a bureau within
the Division of State Police.
Any programs organized and directed by the Township Recreation
Department for Township children under the age of 18.
[Amended 8-8-2017 by Ord.
No. 2017-11]
A.
The Township requires that all employees and volunteers over the
age of 18 years, having involvement with Township-sponsored programs
involving minors, submit to a criminal history record background check.
Failure to so submit to such background check shall constitute grounds
for disqualification of that individual.
B.
The fee for the background check shall be borne by the potential
applicant of the Recreation Department.
C.
Background checks are required every three years.
A.
A person shall, subject to the appeal procedure provided by § 147-7, be disqualified from serving as an employee or volunteer involved with Township-sponsored programs involving minors if that person’s criminal history background check reveals a record of conviction of any of the following crimes or offenses:
[Amended 12-23-2008 by Ord. No. 2008-51]
(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. (i.e., criminal homicide; murder; manslaughter; death by vehicular
homicide; aiding suicide; leaving the scene of a motor vehicle accident);
N.J.S.A. 2C:12-1 et seq. (i.e., assault; endangering an injured victim;
recklessly endangering another person; terroristic threats; stalking;
disarming law enforcement or corrections officer); N.J.S.A. 2C:13-1
et seq. (i.e., kidnapping; criminal restraint; interference with custody;
criminal coercion; enticing child into motor vehicle, structure or
isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal
sexual contact, lewdness; juveniles in need of supervision); N.J.S.A.
2C:15-1 et seq. (i.e., robbery; carjacking).
(b)
Against the family, children or incompetents,
meaning those crimes and disorderly persons offenses set forth in
N.J.S.A. 2C:24-1 et seq. (i.e., bigamy; endangering the welfare of
children, incompetent persons, the elderly or disabled persons; willful
nonsupport; unlawful adoptions; employing a juvenile in the commission
of a crime).
(c)
Involving theft as set forth in N.J.S.A. 2C:20-1
et seq. (i.e., including theft of real or personal property; receiving
stolen property; fencing; theft of services; shoplifting; computer-related
theft).
(d)
Involving any controlled dangerous substance
or controlled substance analog as set forth in N.J.S.A. 2C:35-10(a),
exclusive of N.J.S.A. 2C:35-10(a)(4) (i.e., possession of 50 grams
or less of marijuana).
(e)
Such other crimes or disorderly persons offenses
for which the SBI would disqualify an applicant, existing or current
employee or volunteer.
B.
For purposes of interpreting the information recorded
in a criminal history record to determine the qualifications of the
employee or volunteer involved with Township-sponsored programs involving
minors, the Township shall presume that the employee or volunteer
is innocent of any charges or arrests for which there are no final
dispositions on the record, except for charges or arrests for sexual
misconduct either in this state or without. As to such charges or
arrests, such employee or volunteer is required to notify the Chief
of Police and the Director of the Department of Recreation immediately
following such charge or arrest.
C.
Notification of disqualification based on the criminal
history record shall be made to the employee or volunteer by either
the SBI or third-party independent agency conducting the criminal
history record background check. The specific criminal violation is
not identified on the notification.
[Amended 12-23-2008 by Ord. No. 2008-51]
[Amended 12-23-2008 by Ord. No. 2008-51; 8-8-2017 by Ord. No. 2017-11]
A.
Prospective and/or current employees and volunteers of Township-sponsored
programs involving minors shall submit the name, address, fingerprints,
social security number and written consent to the Township or its
designated third-party independent agency for the criminal history
record background check to be performed.
B.
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.
A.
It shall be the responsibility
of the prospective employee or volunteer to obtain his or her criminal
history from the recommended vendor as determined by the Recreation
Department that identifies the specific criminal violation(s) and
deliver it to the Appeals Committee for the purpose of an appeal or
presenting a challenge to the accuracy of the report.
B.
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township-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.
C.
Such Township persons 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 shall not be disseminated to any unauthorized persons. This
record, in whatever form it exists, including electronically or via
computer, shall be destroyed immediately by the Township 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.
[Amended 12-23-2008 by Ord. No. 2008-51]
A.
If the criminal history record disqualifies an applicant
or existing employee or volunteer, the Appeals Committee 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
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, except for charges or arrests for sexual
misconduct either in this state or without.
B.
Thereafter, the Appeals Committee, in its discretion,
shall, within 30 days after the submission of the information, determine
whether the applicant, existing employee or volunteer qualifies for
service.
[Added 12-23-2008 by Ord. No. 2008-51]
A.
Any person whose criminal history background check
disqualifies that person from employment or from volunteering may
appeal his or her disqualification on the basis that the person has
been rehabilitated.
B.
An appeal based on rehabilitation shall be made to
an Appeals Committee, which shall consist of the Chair of the Recreation
Commission, the Township Chief of Police, and the Township Administrator.
Any such appeal must be made within 30 days of receipt of the notice
of disqualification.
C.
In determining whether a person has affirmatively
demonstrated rehabilitation, the Appeals Committee may consider the
following factors:
(1)
The nature and responsibility of the position which
the convicted person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to
the offense; and
(8)
Any other evidence of rehabilitation, including a
certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-7
et seq., good conduct in prison or the community, counseling or psychiatric
treatment received, acquisition of additional academic or vocational
schooling, successful participation in correctional work-release programs,
or the recommendation of those who have had the person under their
supervision.
D.
If the Appeals Committee determines that the disqualified
person has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Director of Parks and Recreation.
E.
A person is not eligible for a certificate of rehabilitation
pursuant to N.J.S.A. 2A:168A-7 if that person has been convicted of:
(1)
A first degree crime;
(2)
An offense to which N.J.S.A. 2C:43-7.2 (eligibility
for parole; persons convicted of certain violent crimes) applies;
(3)
A second degree offense defined in Chapters 13 (kidnapping
and related offenses; coercion); 14 (sexual offenses); 15 (robbery);
16 (bias crimes); 24 (offenses against the family, children and incompetents);
27 (bribery and corrupt influence); 30 (misconduct in office; abuse
of office); 33 (riot, disorderly conduct and related offenses); and
38 (September 11th, 2001 Anti-Terrorism Act[1]);
[1]
Editor's Note: See N.J.S.A. 2C:1-1 et seq.
(4)
A violation of N.J.S.A. 2C:24-4a or of N.J.S.A. 2C:24-4b(4)
(endangering the welfare of children);
(5)
A crime requiring registration pursuant to N.J.S.A.
2C:7-2 (Megan's Law);
(6)
A crime committed against a public entity or against
a public officer;
(7)
A crime enumerated in N.J.S.A. 43:1-3.1b(2) (theft
by deception) committed by a public employee, which involves or touches
upon the employee's office, position or employment, such that the
crime was related directly to the person's performance in, or circumstances
flowing from, the specific public office or employment held by the
person;
(8)
Any crime committed against a person 16 years of age
or younger, or a disabled or handicapped person; or
