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ORDINANCE 2004-07 (3)ORDINANCE 2004 -7 ORDINANCE AMENDING ORDINANCE 95 -36 ENTITLED "REVISED GENERAL ORDINANCES TOWNSHIP OF CHERRY HILL ", CHAPTER II, ARTICLE XXIV (ADMINISTRATION), TO PERMIT CRIMINAL HISTORY BACKGROUND CHECKS OF EMPLOYEES AND VOLUNTEERS INVOLVED WITH TOWNSHIP PROGRAMS AND SERVICES TO MINORS. WHEREAS, the New Jersey Legislature enacted N.J.S.A. 15A:3A -1, et seq. permitting municipalities to request that the state Attorney general's office to conduct a criminal history background check on each prospective and current employee or volunteer participating in any Township endorsed or sponsored program which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age; and WHEREAS, it is in the best interests of the Township of Cherry Hill and its citizens to require that all prospective and current employees who are involved in programs and services for minors to be required to submit to criminal history background checks; NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Cherry Hill, County of Camden and State of New Jersey as follows: Section I Ordinance 95 -36 entitled "Revised General Ordinance, Township of Cherry Hill" Chapter II, Article XXIV (Administration) is amended so as to create a new section, Section 2 -46B which shall be entitled "2-46B required Criminal History Background Checks Of Employees and Volunteers Involved With Township Sponsored Programs Involving Minors" and shall read as follows: 2 -4613.1 Definitions Relative to Criminal History Background Checks for Employees and Volunteers Involved with Township Sponsored Programs Involving Minors. As used in this Ordinance: A. "Criminal history record background check" means 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. B. "Department" means the Cherry Hill Township Police Department. C. "Township Sponsored Programs" means any programs sponsored by the Township and/or which provide and utilize Township facilities or Township property. 2 -46B.2 Request for Criminal Background Check; Costs. 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 Section 2- 46B.3. 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. Section 2 -46B.3 Conditions Under Which Person is Disqualified From Service. A. 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. 1. In New Jersey, any crime or disorderly persons offense: 2. (a) Involving danger to the person, meaning those crimes and disorderly person offenses set forth in hU.S.A. 2C:11 -1 et seq., N_ 2C: 12 -1 et seq., N.J.S.A. 2C:13 -1 et seq., NU 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:1.40.1 et seq. (c) Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; (d) 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. 2• 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 1 of this section. 2 -46B.4 Submissions, Exchange of Background Check Information. 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 Township shall submit this documentation to the Cherry Hill Township Chief of Police who shall coordinate the background check. 2 -4613.5 Limitations on access of Criminal History Record Information. A. Access to criminal history information for non - criminal justice purposes, including licensing and employment is restricted to authorized personnel of the desi at e statue of rule o department, on a need to know basis, as authorized by Federal or Stat ed regulation, executive order, administrative code, local ordinance or resolution. r 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 receive such information. Use of this record shall be limited solely to the authorized to purpose for which it was given and it shall not be disseminated to any unauthorized persons. Al records 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 cri minal and/or civil penalties. 2 -46B.6 Employee or Volunteer may challenge Accuracy of Report. 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. Section All ordinances or parts of ordinances inconsistent with this amendi ordinance be and hereby are repealed to the extent of such inconsistencies only. ng Section III This ordinance shall become effective immediately upon successful adoption. MAY 10, 2004 INTRODUCED: p ADOPTED: MAY 24, 2004 COU IL PRESIDENT A ?� BERNARD A. P MAYOR NANCY L. SA OS, TOWNSHIP GLERK