[Adopted 1-26-2006 by Ord. No. 01-2006]
The Borough of Clayton does hereby adopt a criminal history
record check ordinance pursuant to N.J.S.A. 40:48-1.4.
An authorized Borough official or officer of the Borough may
request a criminal history record background check of any person for
an official government purpose in the Borough, including but not limited
to employment, licensing and the procurement of services.
Any person for such official government purpose shall submit
to being fingerprinted in accordance with applicable state and federal
laws, rules and regulations.
The authorized Borough official or officer is authorized to
exchange fingerprint data with and receive criminal history record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation.
In order to obtain criminal history record information, the
authorized official or officer of the Borough shall submit fingerprint
data to the State Bureau of Identification. The Bureau shall, in return,
receive all criminal history record information from the Federal Bureau
of Investigation and shall disseminate that information to the officer
or official.
The Borough shall transmit the fees for the criminal history
record background check to the State Bureau of Identification.
[Adopted 10-9-2014 by Ord. No. 14-2014]
This article shall be titled "Criminal History Background Checks
for Volunteers of Nonprofit Youth-Serving Organizations and/or Volunteers
Involved with Borough-Sponsored Programs Involving Minors."
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH-SPONSORED PROGRAMS
Any programs sponsored by the Borough which provide and utilize
Borough facilities and/or Borough property.
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 Telecommunication 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 Clayton Police Department.
NON-CRIMINAL-JUSTICE PURPOSE
Any purpose other than administration for a criminal justice
purpose, including for which applicant fingerprints or name search
requests are submitted by authorized requestors, as required or permitted
by a federal or state statute, rule or regulation, executive order,
administrative code provision, local ordinance, 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
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.
If the criminal history record may disqualify a 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 is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated in the record.