[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."
A.Â
BOROUGH-SPONSORED PROGRAMS
CRIMINAL HISTORY RECORD BACKGROUND CHECK
CRIMINAL HISTORY RECORD INFORMATION or CHRI
DEPARTMENT
NON-CRIMINAL-JUSTICE PURPOSE
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
STATE BUREAU OF IDENTIFICATION or SBI
As used in this chapter following terms shall have the meanings indicated:
Any programs sponsored by the Borough which provide and utilize
Borough facilities and/or Borough property.
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 Westville Police Department.
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.
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.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65 (N.J.S.A. 52:1-12 et seq.[1]) as a bureau within the Division of State Police.
[1]
Editor's Note: See now N.J.S.A. 53:1-12 et seq.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
The Borough shall bear the costs associated with conducting the criminal
history record background checks.
A.Â
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:
(1)Â
In New Jersey, any crime or disorderly persons offense:
(a)Â
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)Â
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.
(c)Â
Involving theft, as set forth in N.J.S.A. 2C:20-1 et seq.
(d)Â
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.
B.Â
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.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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:
(1)Â
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.
(2)Â
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.