[HISTORY: Adopted by the Governing Body of the Borough of
Allendale 8-27-2015. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, 18 years of age or older, who has formally made
application to the Borough for any advertised job position, or volunteer
position within any Borough department and/or certain Borough-sponsored
organizations or programs, as specified herein.
The Borough of Allendale.
Organizations within the Borough of Allendale listed and
approved at the Mayor and Council's annual reorganization meeting
as Class I and Class IV organizations, or as specifically noted in
this chapter, or any other organization designated at any time by
the Mayor and Council to be subject to this chapter.
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 Allendale Police Department.
Any person hired by the Borough after the effective date
of this chapter, including members of the Allendale Volunteer Ambulance
and Allendale Fire 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.
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.
Any person in a paid, volunteer, or combination of paid/volunteer
position within a Borough-sponsored program.
A.
The
Borough requires that all applicants applying for a paid position
with the Borough or those applicants applying for a volunteer position
with a Borough-sponsored organization must undergo through the State
Bureau of Identification a criminal history record background check.
Each applicant shall be required to undergo the background check prior
to appointment and/or hiring.
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 this chapter.
C.
Prior
to the conducting of a criminal history background check, the applicant
shall provide written consent in connection therewith.
D.
With
respect to a group, organization or program approved by the Allendale
Recreation Commission, either the applicant or the respective recreation
groups and/or organizations shall bear the costs associated with conducting
the criminal history record background checks.
E.
If
the applicant is applying for a position, either paid or volunteer,
with the Borough, or a Borough-sponsored governmental organization,
other than the Allendale Recreation Committee, the Borough shall bear
the costs associated with conducting the criminal history record background
checks.
F.
With
the submission of New Jersey and FBI fingerprint cards pursuant to
N.J.A.C. 13:59-1.4, the Allendale Police Department may obtain from
the SBI and FBI all criminal history record information retained on
the subject and accessed by the SBI, including all criminal history
record information from the central repository of the New Jersey State
Police SBI, the National Crime Information Center (NCIC) or computerized
repositories containing criminal history record information, unless
such records have been expunged by law.
G.
The
Borough may, in its discretion, require follow-up criminal history
record background checks on a random or scheduled basis, the cost
of which shall be borne as set forth hereinabove.
A.
Applicants
shall submit their name, address, fingerprints, or other required
information and written consent to such person or entity designated
by the Borough or the Recreation Commission for the criminal history
record background check to be performed. Upon receipt thereof, the
person or entity designated by the Borough or the Recreation Commission
shall submit this documentation to the State Bureau of Identification.
B.
The
Allendale Police 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
person designated by the Borough or the Recreation Commission 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 a Borough employee or volunteer
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 or petty
disorderly persons' offense:
(a)
Involving danger to the person, including, but not limited to, those
crimes, disorderly offenses and petty 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.; and/or N.J.S.A. 2C:15-1
et seq.;
(b)
Against the family, children or incompetents, including, but not
limited to, those crimes, disorderly persons' offenses and petty
disorderly offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1
et seq.; N.J.S.A. 2C:18-1 et seq., and/or N.J.S.A. 2C:20-1 et seq.;
(d)
Involving offenses against public administration, perjury and other
falsification in official matters, obstructing governmental operations,
misconduct in office and/or abuse of office as set forth in N.J.S.A.
2C:27-1 et seq.; N.J.S.A. 2C:28-1 et seq.; N.J.S.A. 2C:29-1 et seq.;
or N.J.S.A. 2C:30-1 et seq.;
(e)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes;
or
(2)
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes, disorderly persons'
or petty disorderly persons' offenses described herein.
B.
For
purposes of interpreting the information recorded in a criminal history
record to determine the qualifications of the applicant, the Borough
shall presume that the applicant 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 applicant shall be made
by the assigned detective from the Allendale Police Department. Any
applicant 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 for
any purpose, the disqualified person shall have an opportunity to
complete and challenge 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 criminal history background
check disqualifies an applicant, the applicant 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. 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 Allendale hereby creates
a Criminal Background Check Appeal Panel. The composition of the Criminal
Background Check Appeal Panel shall be as follows:
(1)
For applicants denied for a governmental-related position:
(a)
One member of the Criminal Background Check Appeal Panel shall be
the Police Chief or his/her designee.
(b)
One member of the Criminal Background Check Appeal Panel shall be
the Mayor of the Borough of Allendale or his/her designee.
(c)
One member of the Criminal Background Check Appeal Panel shall be
a member of the Allendale Police Department selected by the Chief
of Police.
(2)
For applicants denied for a position with the Allendale Recreation
Commission:
(a)
One member of the Criminal Background Check Appeal Panel shall be
the Police Chief or his/her designee.
(b)
One member of the Criminal Background Check Appeal Panel shall be
the President of the Allendale Recreation Commission or his/her designee.
(c)
One member of the Criminal Background Check Appeal Panel shall be
a member of the Allendale Police Department selected by the Chief
of Police.
(d)
One member of the Criminal Background Check Appeal Panel shall be
the Mayor of the Borough of Allendale or his/her designee.
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:
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 prospective employee/volunteer involved
in the appeal to the Allendale Borough Council and/or Recreation Commission,
which shall act in accordance with the panel's decision.
