Appeal Process

If a person is disqualified:

You can review Public Law 1999 below that discusses the conditions a person could be disqualified or not recommended.

  • After the state review, the state will send a letter to Chatham Recreation noting whether a person has been recommended or not recommended. Anyone not recommended will be notified.
  • If that person would like to appeal the state’s decision they may do so. They can request, from the state, the reason in writing.
  • When they receive the response from the state, they can petition for a review with the Chatham Review Committee we have in place. It will be comprised of our 2 town administrators and 2 police chiefs.
  • That committee will review, with the person, the non-recommendation for a final decision.

The following would be considered by the Chatham Review Committee:

  • The nature and responsibility of the position which the convicted person would hold or has held.
  • The nature and seriousness of the offense.
  • The circumstances under which the offense has occurred
  • The date of the offense.
  • The age of the person when the offense was committed.
  • Whether the offense was an isolated or repeated incident.
  • Any social conditions which may have contributed to the offense.
  • Any evidence of rehab, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work release programs or the recommendation of those who have had the person under their supervision.
  • In all instances the final determination of whether an individual will be permitted to serve will lie in the sole discretion of the Chatham Review Committee whose vote must be unanimous.
  • The person would then be advised if he is qualified to serve.

Public Law 1999, CHAPTER 432

AN ACT concerning criminal history record background checks of employees and volunteers of nonprofit youth serving organizations and supplementing Title 2A of the New Jersey Statutes.
C.15A:3A-3 Conditions under which a person is disqualified from service
3. 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 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.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.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.2C:24-1 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 (4) of subsection a. of N.J.S.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.

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