All
such employees or volunteers shall file completed applications for
the background check including fingerprints, prior to being approved
by Borough Council via resolution. No such emergency service volunteer
shall be permitted to serve the organization unless that person consents
in writing to the background check. Until a background check is complete,
volunteers shall not engage in training.
The
Borough shall limit the exchange of information solely for the authorized
purpose and to the authorized personnel for which it was obtained
and shall not disseminate information to persons or organizations
not authorized to receive the records for the authorized purposes.
Any
person violating the Federal and State regulations governing access
to criminal history record information may be subject to criminal
and/or civil penalties.
A
person shall be disqualified from serving as a volunteer if that person's
criminal history background check reveals a record of conviction of
any of the following crimes and offenses:
Involving danger to the person, meaning those crimes and disorderly
persons offenses as 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;
Against the family, children or incompetents, meaning those criminal
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1, et
seq., such as endangering the welfare of a child;
Involving any controlled dangerous or controlled substance analog as set forth in Chapter 35 of Title 2C of the State of New Jersey Statutes except paragraph (4) of subsection (a) of N.J.S.A. 2C:35-10.
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.
If
the background check disqualifies the individual from volunteering,
he or she shall be so notified by the Somerville Chief of Police,
or the Chief's designee, and such information shall be kept confidential
by the Police Department.
Successful
background checks shall be reported to the Administrator, who shall
maintain a list of all individuals who are qualified to serve as volunteers
by virtue of their having successfully completed the background check.
The Administrator shall share that list with organizations who would
like to know if a prospective volunteer has passed the background
check.
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.
Any
person whose criminal history background check disqualifies that person
from volunteering, may appeal his or her disqualification to the appropriate
agency. For the Fire Department it is a municipal agency and for the
First Aid and Rescue Squad it is the agencies appointed authority.
No person may appeal a disqualification on the grounds of rehabilitation,
if the person has been rejected because that person has been convicted,
adjudicated, delinquent or acquitted by reason of insanity of aggravated
sexual assault; aggravated criminal sexual contact; kidnapping 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. on 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; kidnapping
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.
A
challenge to the accuracy of the report shall be filed with the Borough
of Somerville Chief of Police, who shall review the challenge and
make the appropriate response.
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 Chief of the Fire Department and the Chief of the designated
Fire Company which the applicant made application and/or their designees.
Any such appeal must be made within thirty (30) days of receipt of
the notice of disqualification.
An
appeal based upon for volunteers to the First Aid and Rescue Squad
rehabilitation shall be made to an Appeals Committee, which shall
be defined by the First Aid and Rescue Squad. Any such appeal must
be made within thirty (30) days of receipt of the notice of disqualification.
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 Chief of the CERT and anyone else they so designate to assist
in the determination process, and/or their designees. Any such appeal
must be made within thirty (30) days of receipt of the notice of disqualification.
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.
If
the appropriate 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 Administrator. For the purpose of the First Aid and Rescue
Squad it shall remain with the designated individual of said agency.