[HISTORY: Adopted by the Township Committee of the Township
of Hanover 6-10-2010 by Ord. No. 17-10.[1] Amendments noted where applicable.]
[1]
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:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
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.;
(2)
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.
A.
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.
B.
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.
C.
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:
(1)
The nature and responsibility of the position that 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 one;
(7)
Any social conditions that may have contributed to the offense; or
(8)
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.
D.
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.
E.
No person may appeal a disqualification on the grounds of rehabilitation
if:
(1)
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;
(2)
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;
(3)
Endangering the welfare of a child pursuant to Paragraph (4) of subsection
b. of N.J.S.A. 2C:24-4;
(4)
Luring or enticing pursuant to Section (1) of P.L.1993, c. 291 (N.J.S.A.
2C:13-6);
(5)
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
(6)
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.
A.
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.
B.
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.
A.
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.
B.
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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
C.
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.
