[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 9-27-2005 by Ord. No. 05-16. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 170.
As used in this chapter:
Any programs sponsored by the Borough of Oradell or the Oradell
Recreation Committee.
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 data bases 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 Oradell Police Department.
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.
Any 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. 52:1-12 et seq.), a bureau within the Division
of State Police.
A.
The Borough requires that all employees and volunteers,
18 years of age and older, of a nonprofit youth-serving organization
request through the Recreation Committee, that the State Bureau of
Identification conduct a criminal history record background check
on each prospective and current employee or volunteer of the organization.
B.
The Division of State Police shall inform the Department and the individual whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 102-4 of this chapter.
C.
The Recreation Committee 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.
D.
The Borough shall bear the costs associated with conducting
the criminal history record background checks.
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, other required information and written
consent to the Recreation Committee for the criminal history record
background check to be performed. The Recreation Committee shall submit
this documentation to the State Bureau of Identification.
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 Recreation Committee may, in their discretion,
engage the services of a third-party independent agency or a volunteer
group authorized by the Chief of Police to conduct the criminal history
record background checks authorized under this chapter.
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 crimes 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. 20:12-1 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:
B.
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.
C.
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 State Police.
A.
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to the Police Department 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.
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 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 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
disqualified person shall have an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record or request an exception. 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.
