Township of Lebanon, NJ Chapter 37 First Aid Squad

[HISTORY: Adopted by the Township Committee of the Township of Lebanon as indicated in article histories. Amendments noted where applicable.]

Article I Membership Requirements and Criminal History Record Background Checks

[Adopted 2-6-2008 by Ord. No. 2008-03]

§ 37-1 Membership.

Membership in the Lebanon Township First Aid Squad shall be in accordance with this article and the constitution, rules and bylaws of the Lebanon Township First Aid Squad, including any and all amendments to those documents. Membership shall be open to all persons who are able to perform first aid squad duties and to meet the criteria set forth in this article, without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status and/or physical handicap.

§ 37-2 Effect on other provisions; compliance with federal and state law.

A. In the event of any inconsistency between the provisions of this article and any other document related to the Lebanon Township First Aid Squad, this article shall take precedence and govern over such other inconsistent document(s).

B. The Lebanon Township First Aid Squad, and each member of the Lebanon Township First Aid Squad, shall comply with all applicable federal, state, county and local laws, ordinances, rules and regulations governing the operation of the Lebanon Township First Aid Squad and its members.

§ 37-3 Membership eligibility.

No person shall be eligible to become a member of the Lebanon Township First Aid Squad unless such person completes the application process, including executing an authorization and consent to conduct a criminal history background check and submitting to being fingerprinted, as more specifically set forth below.

§ 37-4 Background check of prospective members.

A. For purpose of this article, a "criminal history record background check" means 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 State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.

B. The Township requires that, as a condition of membership with the Lebanon Township First Aid Squad, all prospective members shall submit to being fingerprinted in accordance with applicable federal, state, county and local laws, ordinances, rules and regulations.

C. As a further condition of membership with the Lebanon Township First Aid Squad, all prospective members shall authorize the Township, through its duly authorized representative, to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.

D. In order to obtain criminal history record information pursuant to this article and N.J.S.A. 40:48-1.4, the Township shall submit the fingerprint data for prospective members of the Lebanon Township First Aid Squad to the State Bureau of Identification in the Division of State Police. The State Bureau of Identification shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the Township.

E. The Township shall conduct a criminal history record background check of a prospective member of the Lebanon Township First Aid Squad only upon receipt of the written authorization and consent to the criminal history background check from the prospective member. A form for the authorization and consent to said background check shall be provided to each prospective member along with the application for membership with the Lebanon Township First Aid Squad. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to reject an application for membership with the Lebanon Township First Aid Squad.

F. The Township shall bear the costs associated with conducting criminal history record background checks.

G. An individual shall be disqualified from serving as a member of the Lebanon Township First Aid Squad if that prospective member's criminal history record background check reveals a record of conviction of any of the following crimes and/or offenses:

(1) In New Jersey, any crime and/or disorderly persons offense and/or petty disorderly persons offense:

(a) Involving danger to the person, including, but not limited to, those crimes, disorderly persons offenses and petty disorderly 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. and/or N.J.S.A. 2C:15-1 et seq.;

(b) Against the family, children or incompetents, including, but not limited to, those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;

(c) Involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1 et seq., N.J.S.A. 2C:18-1 et seq. and/or N.J.S.A. 2C:20-1 et seq.;

(d) Involving offenses against public administration, perjury and other falsification in official matters, obstructing governmental operations, misconduct in office and/or abuse of office as set forth in N.J.S.A. 2C:27-1 et seq., N.J.S.A. 2C:28-1 et seq., N.J.S.A. 2C:29-1 et seq. and/or N.J.S.A. 2C:30-1 et seq.;

(e) Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey statutes; or

(f) Involving operation of a motor vehicle while intoxicated in violation of Chapter 4 of Title 39 of the New Jersey Statutes.

(2) In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes, disorderly persons offenses and/or petty disorderly persons offenses described herein.

H. All prospective members, upon receiving a conditional offer of membership with the Lebanon Township First Aid Squad, shall submit their name, address, fingerprints and written consent to the Township for the criminal history record background check to be performed. All conditional offers of membership with the Lebanon Township First Aid Squad shall be specifically subject to the prospective member passing the criminal history record background check, along with any other requirements as provided by law and/or requested by the Township.

I. Access to the criminal history record background information of prospective members of the Lebanon Township First Aid Squad obtained under this article is restricted to authorized personnel of the Township on a need-to-know basis, as may be authorized by federal or state statute, rule or regulation, executive order, administrative code, this article and/or resolution regarding obtaining and dissemination of criminal history record background information. Said employees are the Township Clerk, Police Chief, Mayor, Township Attorney and Township Labor Counsel and those other employees specifically designated in writing by the Mayor.

J. Criminal history record background information 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. Said records are not public records under the Open Public Records Act.[1]

[1] Editor's Note: See N.J.S.A. 47:1A-1 et seq.

K. An applicant for a position as a volunteer for the Lebanon Township First Aid Squad whose criminal history background check demonstrates a disqualifying conviction enumerated in Chapter 37, Article I of the Township Code may apply to the Lebanon Township Committee for a waiver of the disqualifying effect of such enumerated conviction in accordance with this section.

[Added 8-19-2009 by Ord. No. 2009-05]

(1) No waiver of a disqualifying conviction which is a third degree crime or above, or the equivalent thereof, may be granted by the Township Committee if such disqualifying conviction cannot be waived for purposes of public employment pursuant to N.J.S.A. 2C:51-2 or expunged pursuant to N.J.S.A. 2C:52-2(b); however, if such record of conviction is expunged pursuant to N.J.S.A. 2C:52-2(b) or an equivalent therefor, then the Township Committee shall be permitted to grant the waiver thereof, in its sole discretion.

(2) A waiver of a disqualifying conviction which is a fourth degree crime shall not be granted if the conviction involved a forfeiture of or bar from future public employment under any provision of state law or equivalent thereof; however, if such record of conviction is expunged pursuant to N.J.S.A. 2C:52-2(b) or an equivalent thereof, then the Township Committee shall be permitted to grant the waiver thereof, in its sole discretion.

(3) A waiver of a disqualifying conviction which is a disorderly or petty disorderly conviction shall not be granted if the conviction involved a forfeiture of or bar from future public employment under any provision of state law or the equivalent thereof; however, if such record of conviction is expunged pursuant to N.J.S.A. 2C:52-2(b) or an equivalent thereof, or if the court which imposed the conviction thereof grants an application for relief from the effect thereof on public employment or service, then the Township Committee shall be permitted to grant the waiver thereof, in its sole discretion.

(4) A waiver of a disqualifying conviction which is an ordinance violation may be waived by the Township Committee in its sole discretion, so long as the conviction did not involve an act involving theft, lewdness or violence against another person.

(5) No waiver may be granted if the underlying conviction is a disqualifying event under N.J.S.A. 40:48-1.4 and has not been expunged by a court of competent jurisdiction.

(6) All waiver applications shall be made in writing, stating the disqualifying event, the applicant's rehabilitation therefrom and the reason the waiver should be granted.

(7) An expungement of any conviction by a court of competent jurisdiction shall be prima facie evidence of rehabilitation.

(8) All hearings by the Township Committee shall be conducted in executive session unless the applicant notifies the Township Clerk within seven calendar days of said hearing that they desire the matter to be heard in public session. To the extent permitted by law, the record of such hearing shall be a confidential personnel record and not subject to disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1.1, et. seq. Two members of the Squad Membership Committee shall sit in on any hearings on behalf of the Squad but shall not have a vote.