Page 8 THE VILLADOM TIMES I • December 1, 2010 Franklin Lakes Borough to require volunteer background checks by Frank J. McMahon The Franklin Lakes Council will soon require criminal history record background checks of all members of the borough’s ambulance corps and fire department, all of whom are currently volunteer members. A criminal history record background check is used to determine if a person has a criminal record by crossreferencing that person’s records with those on file with the Federal Bureau of Investigation Identification Division and the State Bureau of Identification in the Division of State Police. Under the ordinance, the borough will require that all members of the ambulance corps and the fire department request through the borough’s police department that the State Bureau of Identification in the Division of State Police, or an authorized vendor, conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. A 30-day grace period will be provided for each new member to make application for this background check, but all new members must have their applications completed by the end of the grace period. The borough will conduct a criminal history record background check only upon the receipt of the written consent for the check from the prospective or current member, and the borough will bear the costs associated with conducting the check. Once the ambulance corps or fire department member consents to the background check, the Division of State Police or the authorized vendor will inform the police department whether the person’s criminal history record background check reveals a conviction of a disqualifying crime or offense, but any information received by the police department must be kept confidential. Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, will be exempt from the requirement under the ordinance until three years have elapsed since the most current check. A person may be disqualified from serving as a member of the ambulance corps or the fire department if that person’s criminal history record background check reveals a record of conviction of any of the following crimes and offenses: any crime or disorderly persons offense involving danger to the person, such as criminal homicide, assault, reckless endangerment, threats, stalking, kidnapping, sexual assault, or robbery; or crimes against the family, children, or incompetents, such as endangering the welfare of a child, crimes involving theft according to state law, or incidents involving any controlled dangerous substance or controlled substance except the possession of 50 grams or less of marijuana. The ambulance corps and fire department will submit the prospective or current members’ application and written consent documentation to the borough’s police department through the officer-in-charge, who will have the background check conducted and refer the information to the state police and the FBI, or the authorized vendor, for the initial check. Thereafter, all subsequent background checks will be submitted to the officer-in-charge, who will coordinate a background check every three years after the date of the initial check. Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the members of the police department as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance, or resolution regarding obtaining and disseminating of criminal history record information obtained under this section. The criminal history record information furnished will not be disseminated to persons or organizations not authorized to receive the records and the use of this record will be limited solely to the authorized purpose for which it was given, and it will not be disseminated to any unauthorized persons or entities. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties. If a criminal history record may disqualify a current or prospective member for any purpose, the current or prospective member will be provided with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record, and the current or prospective member will be afforded a reasonable period of time to correct and complete this record. A person will not be presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record. The police department will coordinate between the current or prospective member and the Division of State Police or the authorized vendor any such opportunity to complete or challenge the accuracy of the information contained in the criminal history record, and no person or entity will be held liable in any civil or criminal action brought by any party based on any written notification on file with the police department as a result of the provisions in this ordinance. If a current or prospective member is convicted of a disqualifying crime or offense as specified in this ordinance after such person has cleared the required background check, that person must immediately, but no later than three days after such conviction, notify the borough administrator of that fact, and that person must be immediately disqualified from his or her position.