[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Borough personnel — See Ch. 10.
Police Department — See Ch. 46.
Board of Recreation Commissioners — See Ch. 51A.
[1]
Editor's Note: Former Ch. 7, Background Checks, which comprised
Art. I, Criminal History Record Background Checks, adopted 12-18-2007
by Ord. No. 931, was repealed 2-26-2013 by Ord. No. 1014.
[Adopted 2-26-2013 by Ord. No. 1015]
As used in this article, the following terms shall have the
meanings indicated:
Any program sponsored by the Borough of Ho-Ho-Kus or any
group or organization approved by the 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 Ho-Ho-Kus 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 or resolution or by this article,
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, participating in any activity sponsored by the Borough
of Ho-Ho-Kus, the Ho-Ho-Kus Recreation Commission or any nonprofit
youth-serving organization approved by the Borough or its Recreation
Commission, undergo through the State Bureau of Identification a criminal
history record background check on each prospective and current employee,
volunteer or participant. Each employee, volunteer and participant
shall be required to undergo the background check not less than once
every three years, provided that the Borough reserves the right to
require more frequent testing.
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 § 7-4 of this article.
C.
Prior
to the conducting of a criminal history background check, the employee,
volunteer or participant shall provide written consent in connection
therewith.
D.
Either
the volunteer or participant or the respective recreation groups and/or
organizations and/or their volunteers shall bear the costs associated
with conducting the criminal history record background checks.
A.
Prospective
or current employees, volunteers and participants of nonprofit youth-serving
organizations and/or employees and volunteers of Borough-sponsored
programs shall submit their name, address, fingerprints, or other
required information and written consent to the Recreation Commission
or such other person or entity designated by the Borough for the criminal
history record background check to be performed. Upon receipt thereof,
the Recreation Commission or the person or entity designated by the
Borough 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 article.
C.
The
Recreation Commission and/or the person designated by the Borough
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
article.
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.
(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 Subdivision (a) of N.J.S.A. 2C:35-10.
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-serving 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 article.
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 article.
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 article, the Borough of Ho-Ho-Kus 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/her designee.
(2)
One member of the Criminal Background Check Appeal Panel shall be
the President or Chair of the Recreation Commission.
(3)
One member of the Criminal Background Check Appeal Panel shall be
a member of the Ho-Ho-Kus 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 article, 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 Recreation Commission, who shall act in accordance with
the Panel's decision.
If any section, sentence or any other part of this article is
adjudged unconstitutional or invalid, such judgment shall not affect,
impair, or invalidate the remainder of this article but shall be confined
in its effect to the section, sentence or other part of this article
directly involved in the controversy which such judgment shall be
rendered.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this article are hereby repealed, but only
to the extent of such inconsistencies.
This article shall take effect immediately upon final passage
and publication as provided by law.
