[HISTORY: Adopted by the Township Committee of the Township of Hanover 6-10-2010 by Ord. No. 17-10. Amendments noted where applicable.]
Editor's Note: This ordinance provided an effective date of 10-4-2010.
The Township's Business Administrator or his/her designee is authorized to request a criminal history background check of any person for an official governmental purpose including, without limitation, employment, licensing, and the procurement of services.
Any person 18 years of age or older, at the time of commencement of participation in any youth activity, regardless of the capacity (whether a volunteer or an employee) for any program or activity that is: a) organized by the Township of Hanover; b) organized and sponsored by the Hanover Township Recreation and Park Administration Department; or c) a civic organization, association or league recognized by the Township of Hanover that utilizes Township athletic fields, the Township's Multi-Purpose Community Center or other municipal buildings, and/or park and recreation facilities; and d) any organization, association or league not based in the Township which seeks a permit to use a Township athletic field, park or other recreational facility, shall undergo a mandatory background record check. Each person shall file an application for the criminal background check with the State Police via its authorized vendor, submit to fingerprinting, and bear any and all costs involved with obtaining the criminal background check.
The records which the Business Administrator or his/her designee is authorized to request and receive from an employee or volunteer shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers and employees, neither the entity coordinating the program, if the Township should employ such, nor the Township shall receive a copy of the detailed criminal record but will, instead receive from the State Police notification that the background check revealed information which would serve to disqualify the person who may then file an appeal pursuant to § 92-10, described below.
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a person may be disqualified from serving as an employee or volunteer of a youth-serving organization if that person's criminal history record background check reveals a conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., 2C:12-1 et seq., 2C:13-1 et seq., 2C:14-1 et seq. or 2C:15-1 et seq.;
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.;
In order to obtain detailed criminal history record information, the Business Administrator or his/her designee shall request that the prospective employee or volunteer submit the required application, fee, and fingerprint data to the State Bureau of Identification via its authorized vendor. The State Bureau of Identification shall receive all criminal history record information from the Federal Bureau of Investigation, and shall disseminate that information directly to the applicant.
Any person who has undergone a background check that meets the same standards as those conducted by the State Police, through its authorized vendor, who can provide proof of the background check and results, is exempt from the requirements contained herein, until three years have elapsed since the most current background check, so long as the most current background check is within six months from the date of his or her application in a comparable background check program, and further provided that it meets the threshold standards of the program utilized by the Township of Hanover.
Each person who is required to submit to a background check in accordance with this chapter must submit to a new criminal background record check every three years if the person wishes to continue as a volunteer or employee with the youth program within the Township. This provision also affects any volunteer or employee associated with any organization, association or league not based in Hanover Township. Background record checks subsequent to the initial one may not involve fingerprinting.
Any celebrity guests will be allowed to participate in programs and activities within the Township as long as they are under the supervision of an approved background check participant.
The Township's Chief of Police or his/her designated representative shall work with the Business Administrator, the Director of the Recreation and Park Administration Department, or any other Township association, league or organization in administering this program.
Any person who feels that he or she has been erroneously or wrongly prohibited from participation in any activities covered by this chapter may appeal to both the Business Administrator and the Director of the Recreation and Park Administration Department, in the case of volunteer and paid participation in youth programs; or to the Business Administrator in all other cases. The decision of the Business Administrator and/or the Director of the Recreation and Park Administration Department, as the case may be, shall be final.
A person may challenge the accuracy of the criminal history record. The challenge shall be filed with the Business Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in § 92-3, to obtain a detailed criminal history check for the appeals process. The challenge may be coordinated with the Chief of Police.
In the case of a person who claims to be rehabilitated, the claim shall be filed with the Business Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in § 92-3, to obtain a detailed criminal history check for the appeals process. The claim may be coordinated with the Chief of Police. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
The nature and responsibility of the position that the convicted person would hold, or has held, as the case may be;
The nature and seriousness of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated one;
Any social conditions that may have contributed to the offense; or
Any other evidence of rehabilitation, including 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 recommendations of those who have had the person under their supervision.
If it has been determined by the Business Administrator and/or the Director of Recreation and Park Administration Department that the disqualified person has been successfully rehabilitated, the person shall be included on the list of qualified employees and volunteers.
No person may appeal a disqualification on the grounds of rehabilitation if:
The person has been rejected because that person has been convicted, adjudicated delinquent, or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1;
Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to Subsection a of N.J.S.A. 2C:24-4;
Endangering the welfare of a child pursuant to Paragraph (4) of subsection b. of N.J.S.A. 2C:24-4;
Luring or enticing pursuant to Section (1) of P.L.1993, c. 291 (N.J.S.A. 2C:13-6);
Criminal sexual contact pursuant to N.J.S.A. 2C:14-3.b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2; or
False imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) of Paragraph (4) of Subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
Failure to comply with this chapter by any association, league or organization recognized by the Township may result in the Township withholding funding for the youth-serving organization if applicable, prohibiting the use of park and recreational facilities, withholding funding for facility maintenance, or expulsion from all coaching and employment opportunities, if applicable.
Any individual who has been advised, verbally or in writing, of his/her disqualification to participate and continues to participate may be subject to a fine of not less than $250 and not more than $2,500. Each continuing violation shall constitute a separate offense.
Access to criminal history record information shall be limited in accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.
The results of any and all criminal background checks supplied to the Township of Hanover shall be filed and maintained in a secure cabinet or room, and shall not be made available to the public. Appropriate steps shall be taken to safeguard such records. The records shall be exempt from public disclosure under the common law or the New Jersey Open Public Records Act. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose, and thereafter shall be destroyed.
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
Criminal history record information shall be limited in use solely by the individual(s) for which it was obtained, and shall not be disseminated to persons or organizations not authorized to receive the records. This information shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. Any person violating federal or state regulations governing access to criminal history records information may be subject to criminal and/or civil penalties.