[HISTORY: Adopted by the Township Committee of the Township of Morris 11-9-2005 by Ord. No. 30-05 (Ch. 37A of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CRIMINAL HISTORY 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 arising therefrom, including convictions, dismissals, correctional supervision and release.
- 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, 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. 53:1-12 et seq.), as a bureau within the Division of State Police.
- TOWNSHIP-SPONSORED PROGRAMS
- Any programs sponsored by the Township which provide and utilize Township facilities and/or Township property.
The Township requires that all employees, coaches and volunteers of Township-sponsored recreational activities complete a criminal history background check.
The Township shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee, coach or volunteer. If the criminal check has not been done, the person will not be able to coach.
The Township shall bear the costs associated with conducting the criminal history record background checks of municipal employees, coaches or volunteers. In all other cases, the nonprofit youth-serving organization shall bear the cost of the criminal history record background checks.
A person may be disqualified from serving as an employee, coach 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. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 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 Township-sponsored programs involving minors, the Township 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 President or Chairperson or their designee of the nonprofit youth-serving organizations shall submit to the Director of the Township Department of Parks and Recreation a letter stating that all prospective coaches have successfully passed the criminal history background check and must include names and addresses. The letter must be submitted prior to any practices or games.
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 Director of the Department of Parks and Recreation of the Township of Morris. Any employee or volunteer dissatisfied with the determination by the Director of the Department of Parks and Recreation shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 220-6 of this chapter.
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Township-sponsored program involving minors, 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.
Criminal history information obtained by the Director of Parks and Recreation shall be used solely for 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, coach 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 shall be prohibited from participation pending the resolution of the issue. 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 Director of the Department of Parks and Recreation disqualifies an employee, coach or volunteer or denies the challenge concerning the accuracy of a criminal history report, the employee, coach or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Township of Morris no later than 20 days after receiving the determination from the Director of the Department of Parks and Recreation. 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 Director of the Department of Parks and Recreation, the Township of Morris 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 designee of the Township of Morris.
Two members of the Criminal Background Check Appeal Panel shall be selected by the Mayor of the Township of Morris.
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, coaches and volunteers dissatisfied with the determination of the Director of the Department of Parks and Recreation concerning the disqualification of the employee or volunteer.
To hold hearings and adjudicate appeals by employees, coaches and volunteers dissatisfied with the determination of the Director of the Department of Parks and Recreation concerning the accuracy of the criminal history record.