[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 3-14-2006 by Ord. No. 06-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Borough provision of funding or facilities, including maintenance
of facilities.
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 Federal Bureau of Investigation, Identification
Division, and the State Bureau of Identification in the Division of
the State Police.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey Statutes, or other law of the state which is exempt from federal
income taxes, excluding public and nonpublic schools, and which provides
the sports-related activities or services for persons younger than
18 years of age in connection with the Borough of Raritan sponsored
or cosponsored sports programs or leagues.
The Rutgers S.A.F.E.T.Y. Clinic (Sports Awareness for Educating
Today's Youthâ„¢) is a three-hour program that meets the
minimum standards for volunteer coaches' safety orientation and
training skills programs (N.J.A.C. 5:52) and provides partial civil
immunity protection to volunteer coaches under the "Little League
Law" (N.J.S.A. 2A:62A-6 et seq.).
[Added 7-28-2015 by Ord.
No. 2015-11]
Programs or leagues run directly by the Raritan Recreation
Commission, including oversight, control and/or fiscal contribution
by said Commission or the Borough of Raritan.
You have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Borough of Raritan sponsored or
cosponsored sports program or league who has regular unsupervised
direct access to minors as a result of their involvement with the
organization.
[Amended 7-28-2015 by Ord. No. 2015-11]
A.Â
The Borough of Raritan requires that all nonprofit youth-serving
organizations request through the Raritan Police Department the performance
of a criminal history record background check on each prospective
or current employee or volunteer of the youth-serving organization.
B.Â
The Raritan Recreation Committee, subject to appropriation by the
Borough Council, shall bear the costs associated with conducting the
criminal history background check.
C.Â
The Raritan Recreation Committee shall be responsible for conducting
criminal history background checks for any employees or volunteers
in any programs offered by the Committee where such employees or volunteers
shall have unsupervised direct access to minors.
D.Â
The Raritan Police Department shall receive the results of all criminal
history background checks and shall be charged with the duty of determining
whether such prospective employee or volunteer may participate in
the program for which he or she applies. Such determinations by the
Raritan Police Department shall be within its discretion and shall
not be appealable. The prospective employee or volunteer may not participate
in any programs until such determination has been made.
E.Â
Any person who, by virtue of his or her occupation, is required by
statute to undergo a federal and/or state criminal history background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirements hereunder until three years have elapsed
since the most current background check.
F.Â
In addition to successfully passing a criminal background check,
successful completion of the Rutgers S.A.F.E.T.Y. course is required
for all volunteer coaches.
A person may be disqualified from serving as an employee or
volunteer of a nonprofit youth-serving organization if that person's
criminal history background check reveals a record of conviction of
any of the following crimes and offenses:
A.Â
In New Jersey, any crime or disorderly persons offense which:
(1)Â
Involves danger to the person, meaning those crimes or disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(2)Â
Constitutes a crime or disorderly persons offense against family,
children or incompetents, meaning those crimes or disorderly persons
offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering
the welfare of a child;
(3)Â
Involves theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes;
(4)Â
Involves any controlled dangerous substance or controlled substance
analogue as set forth in Chapter 35 of Title 2C of the New Jersey
Statutes, except N.J.S.A. 2C:35-10a(4) et seq.
B.Â
In any
other state or jurisdiction, conduct which, if committed in New Jersey,
would constitute any other crimes or disorderly persons offenses described
in this section.
[Amended 7-28-2015 by Ord. No. 2015-11]
A.Â
Prospective or current employees or volunteers of nonprofit youth-serving
organizations shall submit their names, address, fingerprints and
written consent to the organization for the criminal history background
check to be performed. The organization shall submit this documentation
to the Raritan Police Department, which shall coordinate the background
check. Background checks shall be performed every three years after
the date of the initial background check.
B.Â
The Raritan Police Department shall act as a clearinghouse for the
collection and dissemination of information obtained as a result of
conducting criminal background checks pursuant to this chapter. The
Department shall keep written notification on file for three years
from the date it was issued.
C.Â
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
Chief of Police and/or his/her designee, and shall not be disseminated
to the public other than to notify the Recreation Committee whether
the volunteer passed the background check.
D.Â
The use of the criminal history record information is solely for
the purposes for which it was obtained, and it may not be disseminated
to persons or organizations not authorized to receive the records
for unauthorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons. Any person violating
federal or state regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Amended 7-28-2015 by Ord. No. 2015-11]
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Raritan Police Department pursuant to the provisions of this
chapter.
[Amended 7-28-2015 by Ord. No. 2015-11]
The Raritan Police Department may contract with any outside
company, business or service for the conduct of a criminal history
record background check.
Where consistent with the context in which used in this chapter,
words importing the singular shall include the plural; words importing
the plural shall include the singular; and words importing one gender
shall include all other genders.
Captions contained in this chapter have been inserted only for
the purposes of facilitating reference to the various sections and
are not intended and shall not be utilized to construe the intended
meaning or the text of any section.
Failure to comply with this chapter may result in the Borough
of Raritan withholding funding for the program or league, prohibiting
the use of its facilities, and/or prohibiting the use of facility
maintenance.
