[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 5-25-2011 by Ord. No. 4-2011. Amendments noted where applicable.]
This chapter shall be titled: "Criminal History Background Checks of Employees and Volunteers of Nonprofit Youth-Servicing Organizations and/or Employees and Volunteers Involved with Borough-Sponsored Programs Involving Minors."
As used in this chapter following terms shall have the meanings indicated:
- BOROUGH-SPONSORED PROGRAMS
- Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property.
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- 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.
- CRIMINAL HISTORY RECORD INFORMATION or CHRI
- 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 Westville Police Department.
- NON-CRIMINAL-JUSTICE PURPOSE
- Any purpose, other than administration for a 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, resolution or by this chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
- NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
- A 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.
- STATE BUREAU OF IDENTIFICATION or SBI
- The New Jersey State Bureau of Identification created by P.L. 1930, c. 65 (N.J.S.A. 52:1-12 et seq.) as a bureau within the Division of State Police.
Editor's Note: See now N.J.S.A. 53:1-12 et seq.
The Borough requires that all employees and volunteers of a nonprofit youth-serving organization request through the Department that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 28-3 of this chapter.
The Borough shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
The Borough shall bear the costs associated with conducting the criminal history record background checks.
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 crime or 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. 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.
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.
Involving theft, as set forth in N.J.S.A. 2C:20-1 et seq.
Involving any controlled dangerous substance or controlled substance analog, as set forth in N.J.S.A. 2C:35-1 et seq., except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
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.
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 Borough Administrator of the Borough of Westville. Any employee or volunteer dissatisfied with the determination by the Borough Administrator shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 28-8 of this chapter.
Prospective or current employees and volunteers of nonprofit youth-serving organizations and/or employees and volunteers of Borough-sponsored programs involving minors shall submit their name, address, fingerprints, and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the Police Chief of the Borough of Westville, or his designee, who shall coordinate the background check.
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 chapter.
The Borough 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.
Access to criminal history record information for non-criminal-justice purposes, including licensing and employment, is restricted to authorized personnel of the nonprofit youth-serving organization and/or the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulations, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter.
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 entities unauthorized 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 person making the determination 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 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.
Criminal background check appeal process. If the Public Buildings, Grounds, Parks and Playgrounds Committee disqualifies an employee or volunteer or denies the challenge concerning the accuracy of a criminal history report, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Borough of Westville no later than 20 days after receiving the determination from the Borough Administrator. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.
Criminal Background Check Appeal Panel. In order to monitor and supervise the enforcement of this chapter by the Borough Administrator, the Borough of Westville 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:
The terms of the members of the Criminal Background Check Appeal Panel shall be for three years, with each member serving without compensation.
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 chapter, including but not limited to the following:
To hold hearings and adjudicate appeals by employees and volunteers dissatisfied with the determination of the Borough Administrator concerning the disqualification of the employee or volunteer.
To hold hearings and adjudicate appeals by employees and volunteers dissatisfied with the determination of the Borough Administrator concerning the accuracy of the criminal history record.