[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:
Any program sponsored by the Borough of Upper Saddle River
or any group or organization approved by the Recreation Commission.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
Prior to the conducting of a criminal history background check, the
employee, volunteer or participant shall provide written consent in
connection therewith.
D.
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.
A.
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.
B.
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.
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.
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:
(1)
In New Jersey: any crime or disorderly persons offense:
(a)
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.
(b)
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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:
(1)
One member of the Criminal Background Check Appeal Panel shall be
the Police Chief or his/her designee.
(2)
One member of the Criminal Background Check Appeal Panel shall be
the President or Chair of the Recreation Commission.
(3)
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.
C.
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)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the disqualification.
(2)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination concerning the accuracy of the
criminal history record.
(3)
To grant exceptions where appropriate.
D.
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.
