[HISTORY: Adopted by the Township Council of the Township
of Lopatcong as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 35.
[Adopted 4-1-2015 by Ord.
No. 2015-02]
A.
The Township Administrator and/or Clerk and/or Chief of Police are
hereby authorized to require a criminal history background check of
any person, in accordance with N.J.S.A. 40:48-1.4, for any official
governmental purpose, including but not limited to all adults, those
persons 18 years of age or older, including but not limited to coaches,
assistant coaches, umpires or similar positions involved in educating,
directing or supervising youth in a Township-sponsored youth program
and those volunteers of a Township-sponsored program involving the
elderly or infirm, or those volunteers serving with the fire and rescue
operations of the Township. All persons subject to the mandatory criminal
history background checks under this article shall submit to being
fingerprinted in accordance with applicable state and federal laws,
rules and regulations. The Township Administrator and/or Chief of
Police are authorized to exchange fingerprint data with and receive
criminal history from the State Bureau of Identification in the Division
of the State Police and Federal Bureau of Investigation. Any person
who has submitted to a criminal history background check, upon request,
shall be permitted to review the results of the check. All fire and
squad volunteers who were active prior to enactment of this article
shall be exempt and not required to have a criminal history background
check.
B.
The Township, in its discretion, may charge to any person required
to submit to a criminal background check the actual cost paid to outside
agencies for obtaining the criminal history or any percentage thereof.
A.
All adults, those persons 18 years of age or older, including but
not limited to coaches, assistant coaches, umpires or similar positions
involved in educating, directing or supervising youth in a Township-sponsored
youth program, or in a Township-sponsored program involving the elderly
or infirm, or those volunteers serving with the fire and rescue operations
of the Township, shall submit required information for the purpose
of obtaining a criminal history background check. Refusal by individuals
required to submit the background checks will result in a dismissal
of the individual from any Township-sponsored activity requiring background
checks.
B.
Upon receipt of a completed background check conducted by the State
Bureau of Identification in the New Jersey State Police, the Chief
of Police of the Township of Lopatcong or his designee shall notify
the applicant, as well as the appropriate department head or volunteer
organization of affirmative or negative results.
C.
In the event the criminal background check reveals any prior convictions
for crimes or offenses set forth in N.J.S.A. 15A:3A-3 in the case
of a Township-sponsored youth organization, or for all other Township-sponsored
programs, any crime or disorderly person's offense involving
danger to others or dishonesty, including, but not limited to the
following: N.J.S.A. 2C:11-1 et seq. (criminal homicide); N.J.S.A.
2C:12-1 et seq. (assault; endangering; threats); N.J.S.A. 2C:13-1
et seq. (kidnapping and related offenses); N.J.S.A. 2C:14-1 et seq.
(sexual offenses); N.J.S.A. 2C:15-1 et seq. (robbery and carjacking);
N.J.S.A. 2C:16-1 et. seq. (bias crimes); N.J.S.A. 2C:20-1 et seq.
(theft and related offenses); N.J.S.A. 2C:21-1 et seq. (forgery and
fraud); N.J.S.A. 2C:24-1 et seq. (offenses against the family, children
and incompetents); N.J.S.A. 2C:25-1 et seq. (domestic violence); N.J.S.A.
2C:34-1 et seq. (public indecency); and N.J.S.A. 2C35-1 et seq. (controlled
dangerous substances), or in any other state or jurisdiction, conduct
which, if committed in New Jersey would constitute any of the crimes
or disorderly persons offenses set forth above or of a similar nature,
then that individual shall be prohibited from participating in any
Township-sponsored youth programs or Township-sponsored programs involving
the elderly or infirm, or with serving with the fire and rescue operations
of the Township, all subject to the appeal process set forth below.
D.
In the case of Township-sponsored youth programs, not less than 30 days prior to the start of the Township-sponsored activity, the head of each volunteer youth organization must submit to the Director of the Recreation Department, the Chief of Police and the Township Clerk a certified list of volunteers who the volunteer organization expects to be involved in the activities with the youth. The Director of the Recreation Department shall not release equipment, fields or facilities to a volunteer organization until such time as all identified participants have demonstrated compliance with § 63-2A.
E.
In the event that a volunteer continues to participate in a Township-sponsored
youth program requiring background checks despite being advised of
the inability to do so, the Director of the Recreation Department
shall prohibit, in the Director's sole discretion, the use of
Township fields and equipment by the offending youth organization
until such time as the youth organization prohibits the ineligible
volunteer from participating in the Township-sponsored program or
the ineligible volunteer is made eligible as set forth in this chapter.
F.
All results of criminal background checks shall be filed and maintained
in a secure and locked cabinet or room under the control of the Lopatcong
Police Department and shall not be available to the public. The records
shall be exempt from public disclosure under the common law or the
New Jersey Right to Know Law. The records shall only be retained for
such period as is necessary to serve their intended and authorized
purpose, and in conformance with the State of New Jersey Division
Retention Schedule.
(1)
All Township-sponsored programs that have individuals subject to
this chapter shall ensure that background checks are renewed no less
than every three years.
(2)
If the criminal history background check will result in the disqualification
of a volunteer or applicant for any reason, such person shall be provided
an opportunity to challenge the accuracy of the information contained
therein. The person shall be afforded a reasonable period of time
to correct the record and provide an amended record. Failure to do
so within a reasonable period shall result in disqualification.
(3)
The Administrator is hereby designated as the person for any appeal
that is brought forth by any person deemed disqualified as a result
of a criminal history background check. The person shall have 30 days
from receipt of the notice of disqualification to petition the Administrator
for a review.
(4)
A current volunteer or applicant for a volunteer position need not
be automatically disqualified from serving as a volunteer on the basis
of a conviction disclosed in a criminal history background check if
said person has affirmatively demonstrated to the Administrator clear
and convincing evidence of his or her rehabilitation. The Administrator
may consider the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Including, but not limited to, any evidence of rehabilitation,
including good conduct, counseling or psychiatric treatment received.
