[HISTORY: Adopted by the Township Council
of the Township of Pemberton 6-20-2007 by Ord. No. 9-2007. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
Any youth program in Pemberton Township which receives funding,
in whole or part, from the Township.
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.
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.
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.
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.
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.
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.
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);
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.
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.
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.
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.
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.
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.
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.
This ordinance shall take effect immediately
upon the approval and implementation by the Mayor as provided by law.
Any ordinance provisions inconsistent with the
provisions of this ordinance are repealed to the extent of such inconsistency.
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.
