[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:
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 arising therefrom, including convictions,
dismissals, correctional supervision and release.
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.
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. 53:1-12 et seq.), as a bureau within the
Division of State Police.
Any programs sponsored by the Township which provide and
utilize Township facilities and/or Township property.
A.
The Township requires that all employees, coaches and volunteers
of Township-sponsored recreational activities complete a criminal
history background check.
B.
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.
C.
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.
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:
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 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.
C.
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.[3]
D.
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.[4]
A.
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.
B.
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.[1]
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.
A.
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.[1]
B.
Criminal Background Check Appeal Panel.
(1)
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:[2]
(2)
The terms of the members of the Criminal Background Check Appeal
Panel shall be for three years, with each member serving without compensation.
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:[3]
(1)
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.
(2)
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.
