[Adopted 3-8-2005 by Ord. No. 05-09]
This article shall be titled: "Criminal History
Background Checks of Employees and Volunteers of Nonprofit Youth-Servicing
Organizations and/or Employees and Volunteers Involved with Borough-Sponsored
Programs Involving Minors."
A.
BOROUGH-SPONSORED PROGRAMS
CRIMINAL HISTORY RECORD BACKGROUND CHECK
CRIMINAL HISTORY RECORD INFORMATION or CHRI
DEPARTMENT
NONCRIMINAL JUSTICE PURPOSE
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
STATE BUREAU OF IDENTIFICATION or SBI
As used in this article following terms shall have
the meanings indicated:
Any programs sponsored by the Borough which provide and utilize
Borough facilities and/or Borough property.
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.
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 Telecommunications 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.
The Borough of Glassboro Police Department.
Any purpose, other than administration of criminal justice
purpose, including employment and licensing, for which applicant fingerprints
or name search requests are submitted by authorized requesters, 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.
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.
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.
B.
The Borough requires that all employees and volunteers
of a nonprofit youth-serving organization request through the Department,
that the State Bureau of Identification in the Division of State Police
conduct a criminal history record background check on each prospective
and current employee or volunteer of the organization.
(1)
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 101-44 of this article.
(2)
The Borough shall conduct a criminal history record
background check only upon receipt of the written consent to the check
from the prospective or current employee or volunteer.
(3)
The Borough shall bear the costs associated with conducting
the criminal history record background checks.
A.
A person may be disqualified from serving as an employee
or volunteer of a nonprofit youth-serving organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crime or offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1
et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A.
2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.
(b)
Against the family, children or incompetents,
meaning those crimes and disorderly persons offenses set forth in
N.J.S.A. 2C:14-1 et seq.
(c)
Involving theft, as set forth in Chapter 20
of Title 2C of the New Jersey Statutes.
(2)
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 Subsection A(1) of this section.
(a)
For purposes of interpreting the information
recorded in a criminal history record to determine the qualifications
of the employee or volunteer of a nonprofit youth-serving organization
and/or the employee or volunteer involved with Borough-sponsored programs
involving minors, the Borough shall presume that the employee or volunteer
is innocent of any charges or arrests for which there are no final
dispositions on the record.
B.
The determination of whether the information contained in the criminal history record is sufficient to disqualify an employee or volunteer shall be made by the Director of the Department of Recreation of the Borough of Glassboro. Any employee or volunteer dissatisfied with the determination by the Director of the Department of Recreation shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to § 101-48 of this article.
A.
Prospective or current employees and volunteers of
nonprofit youth-serving organizations and/or employees and volunteers
of Borough-sponsored programs involving minors shall submit their
name, address, fingerprints, and written consent to the organization
for the criminal history record background check to be performed.
The organization shall submit this documentation to the Police Chief
of the Borough of Glassboro, or his designee, who shall coordinate
the background check.
B.
The Department shall act as a clearinghouse for the
collection and dissemination of information obtained as a result of
conducting criminal history record background checks pursuant to this
article.
C.
The Borough may, in its discretion, engage the services
of a third-party independent agency to conduct the criminal history
record background cheeks authorized under this article.
A.
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the nonprofit youth-serving
organization and/or the Borough-sponsored program involving minors,
on a need-to-know basis, as authorized by federal or state statute,
rule or regulations, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this article.
B.
Such persons or organizations shall limit their use
of criminal history record information solely to the authorized purpose
for which it was obtained, and criminal history record information
furnished shall not be disseminated to persons or entities unauthorized
to receive the records for authorized purposes. Use of this record
shall be limited solely to the authorized purpose for which it was
given and it shall not be disseminated to any unauthorized persons.
This record shall be destroyed immediately after it has served its
intended and authorized purpose. Any person violating federal or state
regulations governing access to criminal history record information
may be subject to criminal and/or civil penalties.
If this criminal history record may disqualify
an applicant or existing employee or 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 on
the record.
A.
Criminal background check appeal process. If the Director
of the Department of Recreation disqualifies an employee or volunteer
or denies the challenge concerning the accuracy of a criminal history
report, the employee or volunteer may appeal that determination by
filing a written notice of appeal with the Clerk of the Borough of
Glassboro no later than 20 days after receiving the determination
from the Director of the Department of Recreation. Any appeal requested
shall proceed before the Criminal Background Check Appeal Panel.
B.
Criminal Background Check Appeal Panel. In order to
monitor and supervise the enforcement of this article by the Director
of the Department of Recreation, the Borough of Glassboro hereby creates
a Criminal Background Check Appeal Panel, which shall consist of three
members.
C.
Powers. The Criminal Background Check Appeal Panel
is granted and shall have and exercise, in addition to other powers
herein granted, all the powers, necessary and appropriate to carry
out and execute the purposes of this article, including but not limited
to the following:
(1)
To hold hearings and adjudicate appeals by employees
and volunteers dissatisfied with the determination of the Director
of the Department of Recreation concerning the disqualification of
the employee or volunteer.
(2)
To hold hearings and adjudicate appeals by employees
and volunteers dissatisfied with the determination of the Director
of the Department of Recreation concerning the accuracy of the criminal
history record.
