[Adopted 6-9-2015 by Ord.
No. 16-2015]
The Township's Chief of Police, or his/her designee from
the Police Department, is authorized to request a criminal history
background check of any person for an official governmental purpose
including, without limitation, employment, licensing, and the procurement
of services.
A.
Background check required. Any person 18 years of age or older, at
the time of commencement of participation in a supervisory role in
any youth activity, regardless of the capacity (whether a volunteer
or an employee) for any program or activity that is: a) organized
by the Township of Mount Olive; b) organized and sponsored by the
Mount Olive Township Recreation Department; c) covered by the Township
of Mount Olive's insurance policy; d) a civic organization, association
or league recognized by the Township of Mount Olive that utilizes
Township athletic fields or other municipal buildings, and/or park
and recreation facilities; and e) any organization, association or
league not based in the Township which seeks a permit to use a Township
athletic field, park or other recreational facility, shall undergo
a mandatory background record check in accordance with N.J.A.C. 13:59-1.1
et seq. Each person shall file an application for the criminal background
check with the State Police via its authorized vendor and submit to
fingerprinting.
B.
Exemption. Any celebrity guest or person whose participation in a
youth activity is limited to only one day per recreation season will
be allowed to participate without undergoing a background check, so
long as they are under the supervision of an approved background check
participant.
The records which the Chief of Police, or his/her designee from the Police Department, is authorized to request and receive from an employee or volunteer shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers and employees, neither the entity coordinating the program, nor the Township shall receive a copy of the detailed criminal record but will, instead receive from the State Police notification that the background check revealed information which would serve to disqualify the person who may then file an appeal pursuant to § 63-14, described below.
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a person may
be disqualified from serving as an employee or volunteer of a youth-serving
organization if that person's criminal history record background
check reveals a conviction of any of the following crimes and offenses:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., 2C:12-1 et
seq., 2C:13-1 et seq., 2C:14-1 et seq. or 2C:15-1 et seq.;
(2)
Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(3)
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes;
A.
In order to obtain detailed criminal history record information,
the Chief of Police, or his/her designee from the Police Department,
shall request that the prospective employee or volunteer submit the
required application, fee, and fingerprint data to the State Bureau
of Identification via its authorized vendor. The State Bureau of Identification
shall receive all criminal history record information from the Federal
Bureau of Investigation, and shall disseminate that information directly
to the applicant.
B.
Upon submission of the fee, the applicant may request reimbursement
from the Township for the fee on a form to be provided by the Township.
Proof of payment must be submitted with the request. The Township
shall reimburse the applicant within 30 days of the request.
Any person who has undergone a background check that meets the
same standards as those conducted by the State Police, through its
authorized vendor, who can provide proof of the background check and
results, is exempt from the requirements contained herein, until three
years have elapsed since the most current background check, so long
as the most current background check is within six months from the
date of his or her application in a comparable background check program,
and further provided that it meets the threshold standards of the
program utilized by the Township of Mount Olive.
Each person who is required to submit to a background check
in accordance with this chapter must submit to a new criminal background
record check every three years if the person wishes to continue as
a volunteer or employee with the youth program within the Township.
This provision also affects any volunteer or employee associated with
any organization, association or league not based in Mount Olive Township.
Background record checks subsequent to the initial one may not involve
fingerprinting.
A.
Any person who feels that he or she has been erroneously or wrongly
prohibited from participation in any activities covered by this chapter
may appeal to the Chief of Police, or his/her designee from the Police
Department. The decision on appeal shall be final.
B.
A person may challenge the accuracy of the criminal history record. The challenge shall be filed with the Chief of Police, or his/her designee from the Police Department, who may request that the applicant follow the procedure outlined in § 63-9, to obtain a detailed criminal history check for the appeals process.
C.
In the case of a person who claims to be rehabilitated, the claim shall be filed with the Chief of Police, or his/her designee from the Police Department, who may request that the applicant follow the procedure outlined in § 63-9, to obtain a detailed criminal history check for the appeals process. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1)
The nature and responsibility of the position which the convicted
person would hold, or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
or
(8)
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
D.
If it has been determined by the Chief of Police, or his/her designee
from the Police Department, that the disqualified person has been
successfully rehabilitated, the person shall be included on the list
of qualified employees and volunteers.
E.
No person may appeal a disqualification on the grounds of rehabilitation
if:
(1)
The person has been rejected because that person has been convicted,
adjudicated delinquent, or acquitted by reason of insanity of aggravated
sexual assault; sexual assault; aggravated criminal sexual contact;
kidnapping pursuant to Paragraph (2) of Subsection c. of N.J.S.A.
2C:13-1;
(2)
Endangering the welfare of a child by engaging in sexual conduct
which would impair or debauch the morals of the child pursuant to
Subsection a. of N.J.S.A. 2C:24-4;
(3)
Endangering the welfare of a child pursuant to Paragraph (4) of Subsection
b. of N.J.S.A. 2C:24-4;
(4)
Luring or enticing pursuant to Section (1) of P.L.1993, c. 291 (N.J.S.A.
2C:13-6);
(5)
Criminal sexual contact pursuant to N.J.S.A. 2C:14-3.b if the victim
is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2; or
(6)
False imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is
a minor and the offender is not the parent of the victim; knowingly
promoting prostitution of a child pursuant to Paragraph (3) or Paragraph
(4) of Subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit
any of these enumerated offenses.
F.
Any appeal must be filed within 30 days after notification from the
Township that the background check revealed information which would
serve to disqualify the person.
G.
Throughout the duration of any appeal that is filed with the Township, the person who filed the appeal shall have no involvement in any supervision, coaching or other involvement with youth in connection with any program or activity set forth in § 63-8A.
H.
The Township will not take any action to unnecessarily or unduly
delay the appeal process and will make a determination on any appeal
within 30 days from the date of appeal.
A.
Failure to comply with this chapter by any association, league or
organization recognized by the Township may result in the Township
withholding funding for the youth-serving organization if applicable,
prohibiting the use of park and recreational facilities, withholding
funding for facility maintenance, or expulsion from all coaching and
employment opportunities, if applicable.
B.
Any individual who has been advised, verbally or in writing, of his/her
disqualification to participate and continues to participate may be
subject to a fine of not less than $250 and not more than $2,000.
Each continuing violation shall constitute a separate offense.
A.
Access to criminal history record information shall be limited in
accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C.
13:59-1.1 et seq.
B.
The results of any and all criminal background checks supplied to
the Township of Mount Olive shall be safeguarded and filed and maintained
in a secure cabinet or room, and shall not be made available to the
public. The records shall be exempt from public disclosure under the
common law or the New Jersey Open Public Records Act. The records
shall only be retained for such period of time as is necessary to
serve their intended and authorized purpose, and thereafter shall
be destroyed.
C.
Criminal history record information shall be limited in use solely
by the individual(s) for which it was obtained, and shall not be disseminated
to persons or organizations not authorized to receive the records.
Any person violating federal or state regulations governing access
to criminal history records information may be subject to criminal
and/or civil penalties.