[HISTORY: 1973 Code §§ 35-1—35-6 as
amended through October 13, 2016. Amendments noted where applicable.]
[Amended Ord. No. 3-10; 10-24-2023 by Ord. No.
O-20-2023]
As used in this chapter:
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 other pertinent
information 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.
The New Jersey Department of Law and Public Safety.
[Ord. No. 3-10]
A 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, 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, and shall include
the Borough of North Caldwell Recreation Department.
Any person involved with a nonprofit youth-servicing organization
or borough-sponsored program who has direct access to minors as a
result of their involvement with the organization or program.
[Amended Ord. No. 3-10; 10-24-2023 by Ord. No.
O-20-2023]
A.
The borough requires that all employees and volunteers of a nonprofit
youth-serving organization or borough-sponsored program request, through
the nonprofit youth-servicing organization or Borough Recreation 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 in the manner prescribed by N.J.S.A.
15A:3A, et. seq. and administrative procedures promulgated pursuant
thereto.
B.
The Division of State Police, State Bureau of Identification, Volunteer Review Operations, shall inform the nonprofit youth-servicing organization whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 35-3 of this chapter.
C.
A criminal history record background check shall only be conducted
upon receipt of the written consent to the check from the prospective
or current employee or volunteer.
[Amended Ord. No. 3-10; 10-24-2023 by Ord. No.
O-20-2023]
A person shall be disqualified from serving as an employee or
volunteer of a nonprofit youth-serving organization or of a borough-sponsored
program if that person's criminal history record background check
reveals a record of conviction of any of the following crimes or 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., 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.
(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.
[Ord. No. 13-08; Ord. No. 3-10]; amended 10-24-2023 by Ord. No. O-20-2023]
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, any other
reasonable information as required and written consent to the organization
for the criminal history record background check to be performed.
The organization or borough shall submit this documentation to the
Division of State Police, or its designated agent.
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 chapter.
C.
The nonprofit youth-servicing organization, or borough as to borough-sponsored
programs, may require a criminal history background check every three
years. If an individual is convicted of a disqualifying offense prior
to the expiration of said three-year period, they shall report said
conviction to the Clerk of the Borough of North Caldwell.
[Ord. No. 3-10; amended 10-24-2023 by Ord. No.
O-20-2023]
A.
Access to criminal history record information for non-criminal justice
purposes, including licensing and employment, is restricted to authorized
personnel of the nonprofit youth-servicing organization, on a need-to-know
basis only, as may be authorized by this chapter, federal or state
statute, rule or regulation, executive order or administrative code
regarding obtaining and dissemination of criminal history record information
obtained under this chapter, or borough personnel as to borough- sponsored
programs.
B.
Such persons 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 organizations not authorized 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 shall not be disseminated
to any unauthorized persons.
[Ord. No. 3-10; amended 10-24-2023 by Ord. No.
O-20-2023]
If the criminal history record disqualifies an applicant or
existing employee or volunteer, the disqualified person shall have
an opportunity to challenge the accuracy of the information contained
in the criminal history record with the State Bureau of Identification
in accordance with procedures established by the Department.
