[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Borough personnel — See Ch. 10.
Police Department — See Ch. 46.
Board of Recreation Commissioners — See Ch. 51A.
[1]
Editor's Note: Former Ch. 7, Background Checks, which comprised Art. I, Criminal History Record Background Checks, adopted 12-18-2007 by Ord. No. 931, was repealed 2-26-2013 by Ord. No. 1014.
[Adopted 2-26-2013 by Ord. No. 1015]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH-SPONSORED PROGRAM
Any program sponsored by the Borough of Ho-Ho-Kus 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/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.
DEPARTMENT
The Borough of Ho-Ho-Kus 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 article, 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 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.), a bureau within the Division of State Police.
A. 
The Borough requires that all employees and volunteers, 18 years of age and older, participating in any activity sponsored by the Borough of Ho-Ho-Kus, the Ho-Ho-Kus 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 on each prospective and current employee, volunteer or participant. 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 § 7-4 of this article.
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 article.
C. 
The Recreation Commission and/or the person designated by the Borough may, in their 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 article.
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. 2C: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.
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of Subdivision (a) of N.J.S.A. 2C:35-10.
(2) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A(1) of this section.
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 are no final dispositions 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 article.
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 article.
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 this 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 are no final dispositions 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 article, the Borough of Ho-Ho-Kus 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 Ho-Ho-Kus 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 article, 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, who shall act in accordance with the Panel's decision.
If any section, sentence or any other part of this article is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this article but shall be confined in its effect to the section, sentence or other part of this article directly involved in the controversy which such judgment shall be rendered.
All ordinances or parts of ordinances which are inconsistent with the provisions of this article are hereby repealed, but only to the extent of such inconsistencies.