SENATE, No. 1937
STATE OF NEW JERSEY
INTRODUCED MARCH 20, 1997
By Senator BASSANO
An Act concerning criminal history record background checks for prospective planning and zoning board appointees, and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A governing body may, by ordinance, require as a condition of appointment as a Class IV member of a planning board pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) or as an alternate member pursuant to section 13 of P.L.1979, c.216 (C.40:55D-23.1), the submission of the results of a criminal history record background check, including a name and fingerprint identification check, based on information on file in the Federal Bureau of Investigation, Identification Division or in the State Bureau of Identification in the Division of State Police.
The ordinance shall set forth clearly the circumstances under which a person's criminal history record background check would disqualify that person from serving on the planning board; however, any criteria for disqualification shall be based on a clear and compelling relationship between the crime or offense included on that person's record and the responsibilities that person will undertake as a member of the planning board.
A governing body which requires a criminal history record background check as a condition for appointment pursuant to this section shall absorb any costs associated with the performance of the check and shall provide for those costs within the municipal budget.
If a prospective appointee refuses to consent to, or cooperate in, securing of a criminal history record background check, the person shall not be considered for appointment as a Class IV planning board member or an alternate member, as the case may be.
2. Upon receipt of the criminal history record information from the Federal Bureau of Investigation and the Division of State Police, written notice shall be provided to the prospective planning board appointee as to that person's qualification or disqualification for appointment according to the criteria set forth in the ordinance adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the prospective appointee is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.
3. A prospective planning board appointee shall have 30 days from the date of receipt of the written notice of disqualification pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) to petition the governing body for a hearing on the accuracy of the criminal history record information.
4. A governing body may, by ordinance, require as a condition of appointment as a regular or alternate member of a zoning board of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69), the submission of the results of a criminal history record background check, including a name and fingerprint identification check, based on information on file in the Federal Bureau of Investigation, Identification Division or in the State Bureau of Identification in the Division of State Police.
The ordinance shall set forth clearly the circumstances under which a person's criminal history record background check would disqualify that person from serving on the zoning board; however, any criteria for disqualification shall be based on a clear and compelling relationship between the crime or offense included on that person's record and the responsibilities that person will undertake as a member of the zoning board.
A governing body which requires a criminal history record check as a condition for appointment pursuant to this section shall absorb any costs associated with the performance of the check and shall provide for those costs within the municipal budget.
If a prospective appointee refuses to consent to, or cooperate in, securing of a criminal history record background check, the person shall not be considered for appointment as a zoning board member.
5. Upon receipt of the criminal history record information from the Federal Bureau of Investigation and the Division of State Police, written notice shall be provided to the prospective zoning board appointee as to that person's qualification or disqualification for appointment according to the criteria set forth in the ordinance adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the prospective appointee is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.
6. A prospective zoning board appointee shall have 30 days from the date of receipt of the written notice of disqualification pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) to petition the governing body for a hearing on the accuracy of the criminal history record information.
7. This act shall take effect immediately.
STATEMENT
This bill would authorize any municipal governing body to require that prospective appointees to planning or zoning boards undergo a criminal history background check, at municipal expense, as a condition of appointment. The requirement would extend both to regular and alternate members of both boards. Refusal to submit to a background check would make one ineligible for appointment.
Any governing body which requires a criminal history background check would have to include within the same ordinance the circumstances under which a person's criminal history record check would disqualify that person from serving on the planning board; however, the governing body would be required to base those criteria for disqualification on a clear and compelling relationship between the crime or offense included on that person's record and the responsibilities that person will undertake as a member of the planning or zoning board.
In order to preserve a person's rights in case the background check reveals information which is inaccurate or misleading and that might otherwise disqualify a person from being appointed according to the criteria set forth in the municipal ordinance requiring the background check, the bill requires a governing body to divulge the results of the background check to the prospective appointee. If that person is disqualified from board appointment, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.
A prospective planning or zoning board appointee shall have 30 days from the date of receipt of the written notice of disqualification to petition the governing body for a hearing on the accuracy of the criminal history record information.
Authorizes criminal background checks as condition of planning or zoning board appointment.