[Added 2-23-2005 by Ord. No. 1491]
The Chief of Police (or his/her designee) is
authorized to request a criminal history record background check ("background
check") of any person for an official government purpose, including
but not limited to employment, licensing and procurement of services.
The individual who is the subject of the background check shall submit
to being fingerprinted in accordance with applicable state and federal
law, rules and regulations. The Chief of Police (or his/her designee)
shall submit all fingerprint data to the State Bureau of Investigation,
together with any and all fees associated therewith. The Chief of
Police (or his/her designee) is authorized to request and receive
criminal history record information from the Federal Bureau of Investigation's
Identification Section, and if appropriate, the Division of State
Police, Bureau of Investigation.
[Added 2-13-2013 by Ord. No. 1678]
A.
ADULT
CRIMINAL HISTORY RECORD BACKGROUND CHECK
MUNICIPALITY/BOROUGH
MUNICIPAL-SPONSORED YOUTH PROGRAMS
NONSPONSORED YOUTH PROGRAM
YOUTH PROGRAM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Person 18 years of age or older.
A determination of whether a person has a criminal record
by cross-referencing that person's name with those on file with the
Federal Bureau of Investigation, Identification Division, and/or the
New Jersey State Bureau of Identification in the Division of State
Police.
The Borough of Glen Rock.
Any program sponsored by the Borough of Glen Rock, including
any municipal employee or volunteer organizations created by the Borough,
and all leagues, boards, committees and commissions affiliated with,
falling within the purview of or acting for or on behalf of the Borough
of Glen Rock and having contact with persons under the age of 18 years.
Any youth program not sponsored by the Borough of Glen Rock
but that utilizes municipal facilities or has affiliation with a municipal-sponsored
youth program and having contact with persons under the age of 18
years.
Any program that allows for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
acting for or on behalf of a municipal-sponsored youth program or
nonsponsored youth program, other than a parent or caregiver.
B.
Criminal background checks required for use of municipal facilities
by nonsponsored youth programs.
(1)
Prior to any club or organization, not defined as a municipal-sponsored
youth program, being authorized to use municipal-owned facilities
for athletic functions participated in by children, all adults serving
as a coach or assistant coach must provide the Recreation Director
a criminal history background check to be obtained from a licensed
investigative agency retained by the Borough.
(2)
The submission of background check findings must be based upon a
check performed within five years of the start of use of the municipal-owned
facility. In the case of coaches and assistant coaches performing
duties as employees of a school district, the policy of background
checks adopted by the Glen Rock School District shall be used to establish
eligibility for use of Borough-owned facilities. In all cases the
background check must comply with the provisions of any applicable
laws regarding same, but not less detailed than those performed by
the municipality for individuals involved in administering Borough-sponsored
youth programs. All fees for individuals not administering a non-municipal-sponsored
program shall be borne by the individual or program with which they
are participating.
C.
Municipal-sponsored youth program background checks.
(1)
Prior to utilizing a municipal field, each team participating in
a municipal-sponsored youth program must have, at all times, a minimum
of three individuals (coach or assistant coach) having submitted to
and cleared a criminal background check as provided in this chapter.
At no time shall there be less than one of the approved coaches/assistant
coaches on the municipal field during a game or at practices.
(2)
All coaches and assistant coaches shall submit sufficient information
on forms supplied by the Recreation Director for the purpose of obtaining
a criminal history background check with the licensed investigative
agency retained by the Borough. Applications for background checks
shall be processed by the Recreation Director.
(3)
The individual applying for the background check shall authorize
the Recreation Director to be the recipient of the favorable response
from the investigative agency retained by the Borough based upon the
findings of the background check. Individuals involved in a municipal-sponsored
youth function, and who are required to undergo background checks
based upon this section, shall be responsible for the costs involved
with obtaining the criminal background check.
(4)
In the event that a league or program requests that the background
check be performed by an investigative agency not retained by the
Borough, then and in such event the league or program shall submit
its request, in writing, to the Recreation Director for his/her approval.
Any investigative agency proposed by the league or program shall meet
all criteria outlined in this chapter and applicable state statutes
and/or regulations. The Recreation Director shall be provided with
unrestricted access to the complete background report prepared by
the investigative agency. Failure to provide the report of the background
check shall disqualify the league or program from utilizing the municipal
fields until the Recreation Director certifies satisfactory compliance
with this chapter.
(5)
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this chapter for that
league or program. The president or leader of each recreation program
shall file an annual roster of coaches and assistant coaches who are
required to participate in the background check procedures of this
chapter. The roster shall be on forms supplied by the Borough and
shall contain a certification as to the accuracy and completeness
of the roster and individual names. Any person who knowingly certifies
a background check roster that excludes an individual required to
be checked shall be in violation of this chapter and laws regarding
false swearing.
D.
List of approved coaches; ID card.
(1)
A list of all approved coaches or assistant coaches shall be sent
by the Recreation Director to the president of each organization.
(2)
Individuals engaged in providing recreation opportunities for, or
on behalf of, the Borough of Glen Rock shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are required
to display their card while in performance of their duty involving
youth programs.
E.
Disqualification.
(1)
Upon receipt of a favorable completed background check conducted
by the investigative agency retained by the Borough, the Recreation
Director shall notify the applicant and the president or leader of
the recreation program of the affirmative results. Details in the
background check that result in a negative determination by the investigative
agency retained by the Borough are not afforded to the Recreation
Director and are only available to the applicant upon making a formal
request to the investigative agency.
(2)
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function for persons under the age
of 18 years held at any Borough-owned facilities. Such offenses shall
include, but are not to be limited to:
(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., such as criminal
homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment,
threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A.
2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq.,
such as robbery;
[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., such as endangering the welfare of a child;
[3]
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
[4]
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
except N.J.S.A. 2C:35-10(4)(a).
[5]
Any fourth degree offense or higher.
(b)
In any other state or jurisdiction, conduct which, if committed
in New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
(3)
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
(4)
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for nonsponsored youth programs will forfeit that individual's ability
to participate with the respective program. Refusal of a non-municipal-sponsored
youth program to subscribe to the requirements of this chapter shall
forfeit that program's ability to use municipal facilities.
F.
Frequency of background checks.
(1)
All nonsponsored youth programs that have individuals subject to
this chapter shall supply background checks for all of their participants
prior to the individual being able to participate at any function
at a municipal-owned facility to the extent covered by this chapter.
Thereafter, every five years a new background check shall be submitted
to the Recreation Director.
(2)
All municipal-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Recreation Director
for background checks prior to the individual being able to participate
at any function sponsored by the Borough of Glen Rock.
G.
Appeals of disqualification. Any person whose criminal history background
check disqualifies that person from employment or from volunteering,
may appeal his or her disqualification.
(1)
Appeal with regard to accuracy of record.
(a)
A person may challenge the accuracy of the criminal history
record.
(b)
A challenge to the accuracy of the report shall be filed with
the Recreation Director, who shall coordinate the challenge with the
investigative agency. At the option of the person challenging the
accuracy of the history record, the liaison of the governing body
appointed to the Recreation Advisory Board may be included in this
review process.
(2)
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(a)
No person may appeal a disqualification on the grounds of rehabilitation,
if convicted of a fourth degree offense or higher, if the person has
been disqualified because that person has been convicted, adjudicated
delinquent or acquitted by reason of insanity of aggravated sexual
assault; sexual assault; aggravated criminal sexual contact; kidnaping
pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1; 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; endangering the welfare of a child pursuant to Paragraph
(4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant
to Section 1 of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal
sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor;
kidnaping pursuant to N.J.S.A. 2C:13-2 or 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;
(b)
Appeals Committee. An appeal based on rehabilitation shall be
made to an Appeals Committee, which shall consist of the Chief of
Police, the Borough Administrator and the Recreation Director. Any
such appeal must be made within 30 days of receipt of the notice of
disqualification.
(c)
Rehabilitation criteria. In determining whether a person has
affirmatively demonstrated rehabilitation, the Appeals Committee shall
consider the following factors:
[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;
and
[8]
Any other 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 the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Recreation Director and the Chief of Police or other chief
law enforcement officer of the municipality.
H.
Privacy and confidentiality.
(1)
Any and all criminal background checks supplied to the Recreation
Director shall be filed and maintained in a secure and locked cabinet
or room and shall not be available to the public. The Recreation Director
shall take appropriate steps to safeguard such records. 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 of time as is necessary to serve their intended and authorized
purpose and thereafter shall be destroyed.
(2)
Access to criminal history record information for non-criminal justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by federal or state
statute, rule or regulation, executive order, local ordinance or resolution
regarding the obtaining and disseminating of criminal history record
information obtained under this section.
(3)
The Appeals Committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons. Any person violating
federal or state regulations governing access to criminal history
records information may be subject to criminal and/or civil penalties.
I.
Violations and penalties.
(1)
Failure to comply with this section may result in the municipality
withholding funding for the nonprofit youth-serving organization,
prohibiting the use of the facilities, or withholding funding for
facility maintenance.
(2)
Any individual who has been advised, verbally or in writing, of his/her
disqualification to participate and continues to participate upon
conviction thereof in a proceeding before a court of competent jurisdiction
be subject to the following fines:
(a)
A fine of not less than $250 and not more than $2,500.
[Added 6-13-2018 by Ord.
No. 1789]
A.
Criminal history background check required. In order to ensure that
the Borough of Glen Rock and its volunteer organizations are protected,
the Borough shall require that a criminal history background check
be performed on all applicants over the age of 18 seeking a position
as an emergency service/public safety volunteer.
B.
CRIMINAL HISTORY BACKGROUND CHECK
DEPARTMENTS
EMERGENCY SERVICE/PUBLIC SAFETY VOLUNTEER
REVIEW COMMITTEE or COMMITTEE
Definitions. As used in this section, the following words shall have
the following meaning:
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 and the New Jersey
State Police, State Bureau of Identification (SBI).
Any person who is applying for or performing a public safety
task in an unpaid position in the GRFD, GRVAC or CERT (collectively,
the "agencies"). These tasks are defined as public safety functions
normally conducted by paid criminal justice agencies, fire departments
or first aid squads which are now being accomplished by unpaid volunteers.
A three-member committee consisting of the appointed Council
member, the Borough Administrator, and the GRPD Chief. The Committee
shall be charged with the review of all appeals by any emergency service/public
safety volunteer whose criminal history background check reveals a
disqualifying criminal conviction.
C.
Persons subject to background checks; costs; procedure; exemption.
(1)
All emergency service/public safety volunteers over the age of 18
years applying for membership in one of the agencies shall be subject
to a criminal history background check.
(2)
Within 120 days of passage of this section, all present emergency
service/public safety volunteers over the age of 18 years shall have
a criminal history background check performed; provided, however,
that GRFD members who have previously undergone a criminal history
background check as part of their application process shall not be
subject to this requirement.
(3)
At the discretion of the Chief of the agency, a criminal history
background check may be performed no more than once every seven years
for existing emergency service/public safety volunteers over the age
of 18 years.
(4)
Upon reaching the age of 18, all GRVAC youth members shall have a
criminal history background check performed.
(5)
Upon reaching the age of 18, any GRFD junior member applying for
regular membership shall have a criminal history background check
performed as part of the application process.
(6)
The GRPD shall only conduct a criminal history background check upon
receipt of the written application and release, which will be completed
by the emergency service/public safety applicant.
(7)
The Borough of Glen Rock shall bear any cost associated with conducting
a criminal history background check in accordance with the fees established
by the State Bureau of Identification in the Division of State Police
and in accordance with N.J.S.A. § 53:1-20.6b and N.J.A.C.
13:59.
(8)
The GRPD shall inform the relevant agency as to whether the person's
criminal history background check reveals a conviction of a disqualifying
crime or offense. All information received by the GRPD shall remain
confidential.
D.
Conditions for disqualifications from service. A person may be disqualified
from serving as a volunteer of an agency if that person's criminal
history background check reveals a record of conviction of any of
the following crimes and/or offenses:
(1)
In New Jersey, any crime or disorderly person offense:
(a)
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in Chapter 11 of Title 2C of the New Jersey Statutes, such as criminal homicide; Chapter 12 of Title 2C, such as assault, reckless endangerment, threats and stalking; Chapter 13 of Title 2C, such as kidnapping; Chapter 14 of Title 2C, such as sexual assault; Chapter 15 of Title 2C, such as robbery; or Chapter 17 of Title 2C, such as arson;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in Chapter 24 of
Title 2C of the New Jersey Statutes, such as endangering the welfare
of a child;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10;
(e)
Any conviction or violation of N.J.S.A. 2C:33-3 (False public
alarms);
(f)
Any conviction of a crime as defined in N.J.S.A. 2C:1-4a, or
a felony or misdemeanor under federal law;
(g)
Convictions of offenses involving moral turpitude, including
but not limited to theft, fraud, controlled substances, or crimes
of violence within the previous 10 years.
(2)
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly person
offenses described in this section.
E.
Submission of application and release; exchange of criminal history
background information.
(1)
A prospective or current volunteer shall submit through the Chief
or his/her designee of the relevant agency their written application
and release to the GRPD, or its designee, for the criminal history
background check to be performed. The GRPD Chief shall coordinate
the background check and refer the information to the State Police
and FBI for the initial check.
(2)
The GRPD shall act as a clearinghouse for the collection and dissemination
of information obtained as a result of conducting criminal history
background checks pursuant to this article.
F.
Limitations on access and use of information.
(1)
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
GRPD and members of the Review Committee, as authorized by federal
or state statute, rules or regulations, executive order, Administrative
Code, local ordinance or resolution regarding obtaining and disseminating
criminal history information obtained under this section.
(2)
The GRPD and members of the Review Committee shall limit their use
of criminal history information solely for the purpose for which it
was obtained, and criminal history information 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 record information may be subject to criminal
and/or civil penalties.
G.
Challenges to accuracy of report.
(1)
If a criminal history record may disqualify an emergency service/public
safety volunteer for any purpose, the GRPD shall notify the applicant
in writing and afford him or her the opportunity to correct and/or
challenge the accuracy of the information contained in the criminal
history record. The emergency service/public safety volunteer 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 on the record.
(2)
If the emergency service/public safety volunteer challenges the record and/or requests consideration under Subsection G(3) of this section, such challenge shall be made in writing and within a reasonable period of time to the Borough Administrator. The Review Committee shall be promptly notified of the challenge and provided with the criminal history information which reveals the disqualifying conviction and any and all relative information which supports the applicant's position. The Review Committee shall have 30 days from the receipt of this information to review and cite the reasons for approving or denying the applicant's appeal.
(3)
Notwithstanding the provisions of Subsection D of this section, no person shall be disqualified from serving as an emergency service/public safety volunteer on the basis of any conviction disclosed by a criminal history background check if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The circumstances under which the offense occurred;
(c)
The nature and seriousness of the offense;
(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)
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.
(4)
The Review Committee shall promptly advise the GRPD, in writing, if a current or prospective employee or volunteer whose criminal history record background check reveals a disqualifying offense has affirmatively demonstrated rehabilitation under this Subsection G(3) of this section.
(5)
When the Review Committee determines that the person has affirmatively demonstrated rehabilitation under Subsection G(3), the Review Committee will file that written notification with the GRPD. The GRPD shall in turn notify the relevant agency in writing of the decision by the Review Committee.
(6)
The GRPD shall keep the written notification on file for three years
from the date it was issued.
(7)
A current or prospective emergency service/public safety volunteer
shall not be required to submit to another criminal history record
background check if such written notification was issued within the
past 12 months.
