[Adopted 11-8-1978 as Sec. 2-4.15 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
DEPARTMENT
The Township of Wall Police Department.
TOWNSHIP-SPONSORED PROGRAMS
Any programs sponsored by the Township which provide and utilize Township facilities or Township property.
A. 
The Township requires that all employees and volunteers, 18 years or older, involved with Township-sponsored programs involving minors submit to a criminal history record background check.
B. 
The Division of State Police shall inform the designated department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 33-23.
C. 
A criminal history record background check shall be conducted only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
D. 
The Township shall bear the costs associated with conducting criminal background checks.
A person may be disqualified from serving as an employee or volunteer of a Township-sponsored program involving minors if that person's criminal history background check reveals a record of conviction of any of the following crimes and 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:33-1 et seq.
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
(4) 
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 (A) of subsection a. of N.J.S.A. 2C:35-10.
B. 
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 of this section.
Prospective or current employees and volunteers of Township-sponsored programs involving minors shall submit their name, address, fingerprints and written consent to the Township for the criminal history record background check to be performed. The organization shall submit this documentation to the Township of Wall Chief of Police who shall coordinate the background check.
A. 
Access to criminal history information for noncriminal justice purposes, including licensing and employment is restricted to authorized personnel of the designated department, on a need to know basis, as authorized by federal or state statute or rule or regulation, executive order, administrative code, local ordinance or resolution.
B. 
The Township shall limit its use of the criminal history record information solely to the authorized purpose for which it was obtained and the criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive such information. 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. All records shall be destroyed immediately after they have served their 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 for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The applicant 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 not final dispositions indicated on the record.