Township of Mansfield, NJ Background Checks

The Township Clerk and/or Chief of Police, or other designee of the Township Committee, are hereby authorized and directed to require a criminal history background check of any person, in accordance with N.J.S.A. 40:48-1.4 and N.J.S.A. 15A:3A-3, 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 background checks in accordance with applicable state and federal laws, rules and regulations. The Township Clerk and/or Chief of Police are authorized to use third-party vendors to exchange 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. Nothing contained herein shall prohibit any Township-sponsored program from enacting standards greater than those set forth in this chapter.

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.

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, shall submit required information for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police pursuant to N.J.S.A. 15A:3A-3 to the Town Clerk, Chief of Police or other Township designee.

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 or his designee shall notify the applicant, as well as the appropriate department head or volunteer organization of affirmative or negative results.

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, 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, subject to the appeal process set forth below.

Not less than 30 days prior to the start of the Township-sponsored activity, the head of each volunteer organization must submit to 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, elderly or infirm, or with fire and rescue operations. In the case of a Township-sponsored youth program, the Township shall not permit the use of facilities or release equipment to a volunteer organization until such time as all identified participants have demonstrated compliance with § 3-2A.

All volunteers who successfully pass a background check shall be permitted to participate in the Township-sponsored youth programs or Township-sponsored program involving the elderly or infirm or participate as a volunteer serving with the fire and rescue operations of the Township, as the case may be. For those volunteers participating in a Township-sponsored youth event, the Township shall issue identification badges indicating that the volunteer has successfully passed the background check. Each volunteer shall be required to display, upon request by the Chief of Police or designee, or a Recreation Committee member, the identification badge whenever he/she is participating in the Township-sponsored youth program, whether practice, game or otherwise.

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 Township shall prohibit, in its 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.

All criminal background checks shall be filed and maintained in a database 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.

All Township-sponsored programs that have individuals subject to this chapter shall ensure that background checks are renewed annually.

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.

The Township Committee is hereby designated as the body 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 Township Committee for a review.

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 Township Committee clear and convincing evidence of his or her rehabilitation. The Township Committee may consider the following factors:

(1)

The nature and responsibility of the position which the convicted person would hold;

(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)

Including, but not limited to, any evidence of rehabilitation, including good conduct, counseling or psychiatric treatment received.