[HISTORY: Adopted by the of the Township Council of the Township of Bridgewater 6-21-2004 by Ord. No. 04-10. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- The 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.
- CRIMINAL HISTORY RECORD INFORMATION or CHRI
- 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 Township of Bridgewater Police Department.
- NONCRIMINAL JUSTICE PURPOSE
- Any purpose, other than administration of criminal justice or 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 chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
- STATE BUREAU OF IDENTIFICATION or SBI
- The New Jersey State Bureau of Identification created by P.L. 1930, c. 65, as a bureau within the Division of State Police.
- TOWNSHIP SPONSORED PROGRAMS
- Any programs organized and directed by the Township Recreation Department for Township children who are under the age of 18.
The Township requires that all employees and volunteers over the age of 18 years, having direct contact with minors and involved with Township-sponsored programs, submit to a criminal history record background check. Failure to so submit to such background check shall constitute grounds for disqualification of that individual.
The Township 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.
The Division of State Police shall inform the Township Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as set forth hereinbelow.
The Township shall bear the cost associated with conducting this criminal history record background check.
A person shall be disqualified from serving as an employee or volunteer involved with Township-sponsored programs involving minors if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e., criminal homicide; murder; manslaughter; death by vehicular homicide; aiding suicide; leaving the scene of a motor vehicle accident); N.J.S.A. 2C:12-1 et seq. (i.e., assault; endangering an injured victim; recklessly endangering another person; terroristic threats; stalking; disarming law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq. (i.e., kidnapping; criminal restraint; interference with custody; criminal coercion; enticing child into motor vehicle, structure or isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal sexual contact; lewdness; juveniles in need of supervision); N.J.S.A. 2C:15-1 et seq. (i.e., robbery; carjacking).
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. (i.e., bigamy; endangering the welfare of children, incompetent persons, the elderly or disabled persons; willful nonsupport; unlawful adoptions; employing a juvenile in the commission of a crime).
Involving theft as set forth in chapter 20 of fine 2C of the New Jersey Statutes (i.e., including theft of real or personal property in excess of $200; receiving stolen property; fencing; theft of services; shoplifting; computer related theft).
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.
Providing alcoholic beverages to minors.
Sexual offenses, including but not limited to child pornography, pursuant to N.J.S.A. 2C:24-1 et seq.
Selling firearms or other weapons to pursuant to N.J.S.A. 39-9.1.; lewdness and obscenity toward children, pursuant to N.J.S.A. 2C:24-4.
For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer involved with Township-sponsored programs involving minors, the Township shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record, except for charges or arrests for sexual misconduct either in state or without. As to such charges or arrests, such employee or volunteer is required to notify the Chief of Police and the Director of the Department of Recreation immediately following such charge or arrest.
Notification of disqualification based on the criminal history record shall be made to the employee or volunteer by the Chief of Police or his designee.
[Amended 7-19-2004 by Ord. No. 04-22]
Prospective and/or current employees and volunteers of Township-sponsored programs involving minors shall submit the name, address, fingerprints and written consent to the Township for the criminal history record background check to be performed. The Township shall submit this documentation to the Police Chief of the Township of Bridgewater, or his designee, who shall coordinate the background check.
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.
The Township may, in its discretion, engage the services of a third-party independent agency to conduct the criminal history record background checks authorized under this chapter.
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Township-sponsored program involving minors, on a need to know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter.
Such Township 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. This record, in whatever form it exists, including electronically or via computer, shall be destroyed immediately by the Township 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.
[Added 7-19-2004 by Ord. No. 04-22]
If this criminal history record disqualifies an applicant or existing employee or volunteer, the Chief of Police or his designee 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.
[Added 7-19-2004 by Ord. No. 04-22]
Criminal background check appeal process. If the Chief of Police or his designee 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 Chief of Police or his designee no later than 20 days after receiving the determination from the Chief of Police or his designee. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.
Criminal background checked appeal panel. In order to monitor and supervise the enforcement of this chapter by the Chief of Police or his designee, the Township of Bridgewater hereby creates a Criminal Background Check Appeal Panel which shall consist of three members. The composition of the Criminal Background Check Appeal Panel shall be the Chief of Police and two members appointed by the Mayor. The terms of the members of the Criminal Background Check Appeal Panel shall be for three years, with each member serving without compensation.
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 chapter, including, but not limited to, the following:
To hold hearings and adjudicate appeals by employees or volunteers dissatisfied with the determination of the Chief of Police or his designee concerning the disqualification of the employee or volunteer.
To hold hearings and adjudicate appeals by employees and volunteers dissatisfied with the determination of the Chief of Police or his designee concerning the accuracy of the criminal history record.