[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River 5-3-2012 by Ord. No. 2-12. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOROUGH-SPONSORED PROGRAM
- Any program sponsored by the Borough of Upper Saddle River or any group or organization approved by the Recreation Commission.
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- A determination of whether a person has a criminal record by cross-referencing that person's name and 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 Upper Saddle River Saddle Police Department.
- NONCRIMINAL JUSTICE PURPOSE
- 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 chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
- NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
- Any corporation, association or other organization established pursuant to Title 15 or Title 15A of the New Jersey statutes or other law of this state, but excluding public and nonpublic schools, and which is exempt from federal income taxes and provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age.
- STATE BUREAU OF IDENTIFICATION or SBI
- The New Jersey State Bureau of Identification created by P.L. 1930, c.65 (N.J.S.A. 53:1-12 et seq.), a bureau within the Division of State Police.
The Borough requires that all prospective and current employees and volunteers, 18 years of age and older, participating in any activity sponsored by the Borough of Upper Saddle River, the Upper Saddle River 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. 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.
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 § 43-4.
Prior to the conducting of a criminal history background check, the employee, volunteer or participant shall provide written consent in connection therewith.
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.
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.
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 Recreation Commission and/or the person designated by the Borough may, in his, her or its 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 chapter.
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:
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. 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.
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 is no final disposition 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 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 chapter.
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 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 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 a 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 is no final disposition indicated on the record.
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.
Criminal Background Check Appeal Panel. In order to monitor and supervise the enforcement of this chapter, the Borough of Upper Saddle River 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:
One member of the Criminal Background Check Appeal Panel shall be the Police Chief or his/her designee.
One member of the Criminal Background Check Appeal Panel shall be the President or Chair of the Recreation Commission.
One member of the Criminal Background Check Appeal Panel shall be a member of the Upper Saddle River Police Department selected by the Chief of Police.
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 disqualification.
To hold hearings and adjudicate appeals by employees and volunteers dissatisfied with the determination concerning the accuracy of the criminal history record.
To grant exceptions where appropriate.
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, which shall act in accordance with the Panel's decision.