Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Pemberton 6-20-2007 by Ord. No. 9-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 41.
Parks, playgrounds, beaches and recreational areas — See Ch. 140.

§ 106-1 Definitions.

As used in this chapter, 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 local police department, the Federal Bureau of Investigation, Identification Division, and the New Jersey State Bureau of Identification in the Division of State Police.
NONSPONSORED YOUTH PROGRAMS
Any youth programs not sponsored by the Township of Pemberton but which utilize municipal facilities or facilities owned or maintained by the Pemberton Township School District and which utilize the services of employees or volunteers having contact with persons under the age of 18 years.
QUALIFIED PARTICIPANT
An employee or volunteer who has completed a criminal history background check within the past three years that has revealed no disqualifying convictions and who has not been convicted of a disqualifying offense since the criminal history background check.
REVIEW COMMITTEE
A three-member committee consisting of the Mayor, the Chief of Police, and a designated member of the affected organization. The Committee shall be charged with the review of all appeals by any employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.
SPONSORED
Any youth program in Pemberton Township which receives funding, in whole or part, from the Township.
SUPERVISORY INDIVIDUALS
Any person, including adults and adolescents under the age of 18, whether volunteers or employees of the Township, who are full-time, part-time, seasonal or volunteer workers and have authority in some capacity over a person or persons who are younger than 18 years of age, without the constant observation of the parent(s), or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant.
TOWNSHIP-SPONSORED YOUTH PROGRAMS
Any youth programs sponsored by the Township of Pemberton, including but not limited to any and all leagues, boards and commissions falling within the purview of or acting for or on behalf of the Township of Pemberton and having contact with persons under the age of 18 years.
YOUTH PROGRAMS
Any programs that allow for the participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, clubs or camp trips or other activities whereby some control and responsibility for children under the age of 18 is assigned to some person other than a parent or caregiver.

§ 106-2 Nonsponsored youth programs.

Criminal background checks required for use of Pemberton Township facilities.
A. 
Procedure.
(1) 
Prior to any club or organization, defined as a nonsponsored youth program, being authorized to use Township or Pemberton Township School District owned or maintained facilities, such club or organization must provide the Pemberton Township Police Chief with the findings of a criminal background check obtained from the Federal Bureau of Investigation, Identification Division, and the State Bureau of Identification in the New Jersey State Police.
(2) 
Based upon the memorandum of understanding executed between the Township of Pemberton and the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, the individual applying for the background check shall authorize the Chief of Police to be the recipient of the affirmation or negative response from the Federal Bureau of Investigation, Identification Division, and the State Police based upon the findings of the background check.
(3) 
The submission of background check findings must be based upon a background check within three years of the start of use of the facility. In the case of coaches performing duties as employees of a school district, the policy of the background checks adopted by the individual school district shall be used to establish eligibility for the use of Township-owned facilities. In all cases the background check must comply with the provisions of any applicable laws regarding same but shall not be less detailed than those performed by the Township for individuals involved in administrating Township-sponsored youth programs. The Township of Pemberton shall bear the costs for the background checks for individuals qualified under this section.
B. 
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this chapter for that league or program. The president or leader of each recreation program shall file an annual roster of individuals who are required to participate in the background check procedures of this chapter. The roster shall be on forms supplied by the Township Director of Recreation and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this chapter and laws regarding false swearing.

§ 106-3 Township-sponsored youth programs.

A. 
Procedure for background checks.
(1) 
All supervisory individuals shall submit sufficient information on forms supplied by the Pemberton Township Director of Recreation from the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police for the purpose of obtaining a criminal history background check with the local police department, the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police. Applications for background checks shall be processed by the Pemberton Township Director of Recreation.
(2) 
Based upon the memorandum of understanding executed between the Township of Pemberton and the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, the individual applying for the background check shall authorize the Chief of Police to be the recipient of the affirmation or negative response from the local police department, the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the background check. Individuals involved in a Pemberton Township-sponsored youth function, and who are required to undergo background checks based upon this chapter, shall not be responsible for the cost involved with obtaining the criminal background check. The Township of Pemberton shall bear the costs for the background checks for individuals qualified under this section.
B. 
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this chapter for that league or program. The president or leader of each recreation program shall file an annual roster of individuals who are required to participate in the background check procedures of this chapter. The roster shall be on forms supplied by the Township Director of Recreation and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this chapter and laws regarding false swearing.

§ 106-4 Qualification.

A. 
Qualified participants engaged in providing recreational opportunities in Township-sponsored youth programs or nonsponsored youth programs for, or on behalf of, the Township of Pemberton shall be issued identification cards with appropriate expiration dates based upon the date of their individual background check. Individuals issued identification cards are required to display their card while in performance of their duty involving youth programs.
B. 
The Township of Pemberton shall be responsible for all costs associated with the original issuance of an identification card for all volunteers and employees. If the original identification card issued by the Township is lost, it shall be the responsibility of the volunteer or employee to pay for a replacement card.

§ 106-5 Disqualification.

A. 
Upon receipt of a completed background check conducted by the local police department, the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Chief of Police shall notify the applicant and the president or leader of the youth program of the positive or negative determination of the applicant.
B. 
The determination of the Chief of Police is based upon § 106-5C of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
C. 
In the event that the criminal background check reveals any prior convictions for crimes or offenses which negatively affect the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Township-owned facilities. Such offenses shall include, but not be limited to:
(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. (criminal homicide); N.J.S.A. 2C:12-1 et seq. (assault; stalking; reckless endangering; threats); N.J.S.A. 2C13-1, et seq. (kidnapping and related offenses); N.J.S.A. 2C:14-1 et seq. (sexual offenses); or NJ.S.A. 2C:15-1 et seq. (robbery); or
(2) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.; or
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(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 for N.J.S.A. 2C:35-10(a)(4) (minimal amounts of marijuana or hashish);
(5) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in Subsection C(1) through (4) above.
D. 
The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.
E. 
Refusal by a volunteer required to submit to background checks will result in an immediate dismissal of the individual from any Township-sponsored activities requiring background checks. In addition, refusal to comply with this chapter by any individual falling within the scope of requirements for nonsponsored youth programs will forfeit that individual's ability to participate with the respective program. Refusal of a non-Township-sponsored youth program to subscribe to the requirements of this chapter shall forfeit that program's ability to use all facilities, including facilities owned or maintained by the Pemberton Township School District. The Township shall treat a refusal by a Township employee and/or prospective employee to submit to a background check in accordance with the Civil Service regulations.

§ 106-6 Frequency of background checks.

A. 
Nonsponsored programs. All nonsponsored youth programs that have individuals subject to this chapter shall supply background checks for all of such individuals prior to the individual being able to participate at any function at any facility in the Township to the extent covered by this chapter. Thereafter, every three years a new background check application shall be submitted to the Chief of Police. The Director of Recreation shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three years. Every individual subject to this chapter has an ongoing responsibility to notify the Township of any changes in his or her criminal history background immediately upon such change taking place. Failure by any individual to report any change in his or her criminal history background may result in a disqualification from participation in assisting with youth-related activities.
B. 
Township-sponsored programs.
(1) 
All Township-sponsored youth programs that have individuals subject to this chapter shall direct those individuals to the Director of Recreation for background checks prior to the individual being able to participate at any function sponsored by the Township of Pemberton. Thereafter, every three years a new background check application shall be submitted to the Director of Recreation. The Director of Recreation shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three years. Every individual subject to this chapter has an ongoing responsibility to notify the Township of any changes in his or her criminal history background immediately upon such change taking place. Failure by any individual to report any change in his or her criminal history background may result in a disqualification from participation in assisting with youth-related activities.
(2) 
After performance of a background check by the local police department and submission to the Federal Bureau of Investigation, Identification Division, and the Division of State Police for a background check, individuals involved in Township-sponsored youth programs who are required to undergo background checks shall be given an interim approval for a period of time not to exceed 90 days. Only one interim approval period of 90 days maximum may be granted per individual.

§ 106-7 Determination by Review Committee; appeal process.

A. 
Individuals who receive a negative determination from the Police Chief or his designee will not be allowed to volunteer. Such individuals may obtain a copy of their criminal history record by contacting the State Bureau of Investigation in writing. Such individuals will have 30 days from the receipt of the official notice from the Director of Recreation to petition the Review Committee for a review and to cite reasons substantiating the review.
B. 
Volunteers who receive a negative determination from the Police Chief or his designee may be permitted to volunteer if they affirmatively demonstrate rehabilitation to the Review Committee which shall be comprised of the Mayor, the Chief of Police, and the designated member of the affected organization. In determining whether a volunteer has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors:
(1) 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(2) 
The nature and seriousness of the offense;
(3) 
The circumstance under which the offense occurred;
(4) 
The date of the offense;
(5) 
The age of the person when the offense was committed;
(6) 
Whether the offense was an isolated or repeated incident;
(7) 
Any social conditions which may have contributed to the offense; and
(8) 
Any evidence of rehabilitation, 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.
C. 
In all instances, the final determination of whether an individual will be permitted to volunteer will lie in the sole discretion of the Review Committee.
D. 
The Review Committee shall promptly advise the prospective or current volunteer whether he or she is qualified to volunteer.
E. 
The Pemberton Township Police Department shall keep the results of criminal history record background checks on file for three years from the date such results were received by the Department.
F. 
The Director of Recreation may request the Pemberton Township Police Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective volunteer reveals a disqualifying offense or stating that the person has affirmatively demonstrated a rehabilitation under this act.

§ 106-8 Physical and emotional abuse awareness education.

A. 
All youth programs sponsored by the Township of Pemberton or that utilize municipal facilities or facilities owned or maintained by the Pemberton Township School District are required to conduct physical and emotional abuse education programs on a regular basis and in accordance with regulations to be set forth by the Director of Recreation. The Director of Recreation will approve and monitor the ongoing physical and emotional abuse education programs required by this ordinance on an annual basis.
B. 
Township-administered programs, including but not limited to summer programs, spring programs and teen programs, will receive physical and emotional abuse education training through the Pemberton Township Recreation Department.
C. 
The physical and emotional abuse education programs is required, at a minimum, to:
(1) 
Train participants in identifying inappropriate emotional and physical abusive behavior;
(2) 
Provide guidelines for addressing individuals exhibiting inappropriate emotional and physical abusive behavior; and
(3) 
Teach minors participating in the program how to respond to individuals exhibiting inappropriate emotional and physical abusive behavior.
D. 
The Director of Recreation may, at his or her discretion, waive this requirement if a youth program within the Township has a physical and emotional abuse education program in place and can demonstrate that such program meets the regulations established by the Director of Recreation.

§ 106-9 Limitations on access and use of criminal history record background checks.

A. 
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Township-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter. The records shall be exempt from public disclosure under common law or N.J.S.A. 47:1A-1 et seq.
B. 
Township personnel shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. The record, in whatever form it exists, including electronically or via computer, shall be destroyed immediately by the Township 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 criminal and/or civil penalties.

§ 106-10 Township employment.

A. 
Employees and/or prospective employees who have or will have authority in some capacity over a person or persons who are younger than 18 years of age, without the constant observation of the parent(s), or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant, shall submit sufficient information on forms supplied by the Mayor and/or his designee from the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, for the purpose of obtaining a criminal history background check with the local police department, the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division, and in the New Jersey State Police. Applications for background checks of employees and/or prospective employees shall be processed by the Mayor and/or his designee. The employee and/or prospective employee shall authorize the Mayor and/or his designee to be the recipient of the affirmation or negative response from the local police department, the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the background check.
B. 
In the event of a negative determination arising from the background check, eligibility for new employment and continued employment shall be determined in accordance with Civil Service regulations.
C. 
Notwithstanding anything stated herein, the Township shall be permitted to perform criminal background checks on any other employee and/or prospective employee not covered by this provision in accordance with applicable law.

§ 106-11 Violations and penalties.

Any person who violates any provision of this ordinance shall be subject to the penalties as set forth in the Pemberton Township Code and federal and state law.

§ 106-12 When effective.

This ordinance shall take effect immediately upon the approval and implementation by the Mayor as provided by law.

§ 106-13 Repealer.

Any ordinance provisions inconsistent with the provisions of this ordinance are repealed to the extent of such inconsistency.

§ 106-14 Severability.

If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause.