[HISTORY: Adopted by the Township Council of the Township
of Little Falls 5-10-2010 by Ord. No. 1090. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks and recreational facilities — See Ch. 143.
It is the purpose of this chapter to ensure that the Township
provides the safest possible recreation programs for its youth by
directing all youth programs using Township facilities, and all programs
that are funded or supported by the Township in whole or in part (including
but not limited to baseball, football, soccer, softball, basketball,
etc.) be required to perform criminal background checks as a condition
of using municipal facilities.
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 Federal Bureau of Investigation, Identification
Division and/or the New Jersey State Bureau of Identification in the
Division of State Police.
Any program sponsored by the Township of Little Falls, including
any municipal employees, volunteer organizations created by the municipality,
and all leagues, boards, committees and commissions affiliated with,
falling within the purview, or acting for or on behalf of the Township
of Little Falls and having contact with persons under the age of 18
years.
Any youth program not sponsored by the Township of Little
Falls, but that utilizes municipal facilities or has affiliation with
a municipal-sponsored youth program and having contact with persons
under the age of 18 years.
The Township of Little Falls, County of Passaic, State of
New Jersey.
Any program that allows for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
acting for or on behalf of a municipal-sponsored youth program or
non-sponsored youth program, other than a parent or caregiver.
A.
Prior
to any club or organization, not defined as a municipal-sponsored
youth program, being authorized to use municipal-owned facilities
for functions participated in by children, all adults, those persons
18 years of age or older, in any way assisting in the function, including
but not limited to coaches, assistant coaches, or similar positions,
must provide the municipal Chief of Police or designee, or other chief
law enforcement officer of the municipality, with findings of a criminal
history background check obtained from the State Bureau of Identification
in the New Jersey State Police.
B.
The
submission of background check findings must be based upon a check
performed within three years of the start of use of the municipal-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of municipal-owned facilities. In all cases, the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the municipality
for individuals involved in administering municipal-sponsored youth
programs. All fees for individuals administering a non-municipal sponsored
program shall be borne by the individual or program with which they
are participating.
A.
All
adults, those persons 18 years of age or older, including but not
limited to coaches, assistant coaches, or similar positions involved
in educating, directing or supervising youth, and in any way assisting
in a municipal-sponsored function participated in by children, shall
submit sufficient information on forms supplied by the municipal Police
Department or other enforcement authority from the New Jersey State
Police, for the purpose of obtaining a criminal history background
check with the State Bureau of Identification in the New Jersey State
Police. Applications for background checks shall be processed by the
municipal Chief of Police or other chief law enforcement authority
of the municipality.
B.
Based
upon the Memorandum of Understanding executed between the Township
of Little Falls and the New Jersey State Police, the individual applying
for the background check shall authorize the municipal Chief of Police
or other chief law enforcement officer of the municipality to be the
recipient of the response from the State Police based upon the findings
of the background check. Individuals involved in a municipal-sponsored
youth function, and who are required to undergo background checks
based upon this chapter, shall not be responsible for the costs involved
with obtaining the criminal background check. The municipality shall
bear the costs for the background checks for individuals qualified
under this section subject to any other grants or funding that may
be available to defray the costs.
C.
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 that are required to participate
in the background check procedures of this chapter. The roster shall
be on forms supplied by the municipality 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.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Little Falls shall be issued identification
cards with appropriate expirations 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.
A.
Upon receipt of a completed background check conducted by the State Bureau of Investigation in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the municipal Chief of Police or designee, or other chief law enforcement officer of the municipality shall notify the applicant and the Recreation Director or President of affirmative or negative results. The determination of the municipal Chief of Police or other chief law enforcement officer is based on § 4-6B(1) of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the municipal Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
B.
In
the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function from persons under the age
of 18 years held at any Township-owned facilities. Such offenses shall
include, but not be limited to:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses 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;
(b)
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.,
such as endangering the welfare of a child;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes;
(d)
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.A. 2C:35-10.
(e)
Any fourth degree offense or higher.
(2)
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 this section.
C.
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.
D.
Refusal
by individuals required to submit to background checks will result
in an immediate dismissal of the individual from any municipal-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter by any individual falling within the scope of requirements
for non-sponsored youth programs will forfeit that individual's
ability to participate with the respective program. Refusal of a non-municipal
sponsored youth program to subscribe to the requirements of this chapter
shall forfeit that program's ability to use municipal facilities.
A.
All
nonsponsored youth programs that have individuals subject to this
chapter shall supply background checks for all of its participants
prior to the individual being able to participate at any function
at the municipal-owned facility to the extent covered by this chapter.
Thereafter, every five years a new background check shall be submitted
to the Chief of Police, Municipal Administrator or Municipal Solicitor.
[Amended 5-21-2012 by Ord. No. 1157]
B.
Municipal-sponsored
youth programs.
(1)
All municipal-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Chief of Police
for background checks prior to the individual being able to participate
at any function sponsored by the Township of Little Falls. Thereafter,
every five years a new background check shall be submitted to the
Chief of Police or other chief law enforcement officer.
[Amended 5-21-2012 by Ord. No. 1157]
(2)
Individuals involved in municipal-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
for a background check. Interim approvals shall only be valid for
the period of time that it takes to receive background check results.
Such interim approval shall not be valid for a period of time exceeding
45 days. Only one interim approval may be granted per individual.
A.
Any
person whose criminal history background check disqualifies that person
from employment or from volunteering may appeal his or her disqualification.
(1)
Appeal re accuracy of record. A person may challenge the accuracy
of the criminal history record.
(a)
A challenge shall be filed with the Chief of Police or other chief
law enforcement officer, who shall coordinate the challenge with the
New Jersey State Police.
(2)
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(a)
No person may appeal a disqualification on the grounds of rehabilitation,
if the person has been rejected because that person has been convicted
of a fourth degree offense or higher; if the person has been disqualified
because that person has been convicted, adjudicated delinquent or
acquitted by reason of insanity of aggravated sexual assault, sexual
assault, aggravated criminal sexual contact, kidnapping pursuant to
paragraph (2) of subsection c. of N.J.S.A. 2C:13-1; endangering the
welfare of a child by engaging in sexual conduct which would impair
or debauch the morals of the child pursuant to subsection a. of N.J.S.A.
2C:24-4; endangering the welfare of a child pursuant to paragraph
(4) of subsection b. of N.J.S.A. 2C:24-4; luring or enticing pursuant
to N.J.S.A. 2C:13-6; criminal sexual contact pursuant to N.J.S.A.
2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A.
2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the
victim is a minor and the offender is not the parent of the victim;
knowingly promoting prostitution of a child pursuant to paragraph
(3) or paragraph (4) of subsection b. of N.J.S.A. 2C:34-1; or an attempt
to commit any of these enumerated offense.
(b)
Appeals Committee. An appeal based on rehabilitation shall be made
to an Appeals Committee, which shall consist of the Township Mayor,
the Director or administrator of the municipal recreation program
and Township Attorney. Any such appeal must be made within 30 days
of receipt of the notice of disqualification.
(c)
Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Appeals Committee shall 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 circumstances 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 other 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.
A.
Any
and all criminal background checks supplied to the municipal Chief
of Police or other chief law enforcement officer shall be filed and
maintained in a secure and locked cabinet or room and shall not be
available to the public. The Chief of Police or other chief law enforcement
officer of the municipality shall take appropriate steps to safeguard
such records. The records shall be exempt from public disclosure under
the common law or the State of New Jersey Right to Know Law.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose,
and thereafter shall be destroyed.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B.
Access
to criminal history record information for non-criminal justice purposes,
including licensing and employment is restricted to the members of
the review committee, as authorized by federal or state statute, rule
or regulation, executive order, local ordinance or resolution regarding
obtaining and disseminating of criminal history record information
obtained under this section.
C.
The
review committee shall limit its use of criminal history record information
solely to the individual for which it was obtained, and the criminal
history record information furnished shall not be disseminated to
persons or organizations not authorized to receive the records for
authorized purposes. The information shall be limited solely to the
authorized purpose for which it was given and it shall not be disseminated
to unauthorized persons. Any person violating federal or state regulations
governing access to criminal history records information may be subject
to criminal and/or civil penalties.
A.
Failure to comply with this chapter may result in the Township withholding
funding for the nonprofit youth-serving organization, prohibiting
the use of facilities, or withholding funding for facility maintenance.
B.
Any individual who has been advised, verbally or in writing, of his/her
disqualification from serving as an employee or volunteer, and continues
to participate as an employee or volunteer, shall be subject to the
following fines:
In the event that any portion of this chapter is found to be
invalid for any reason by any court of competent jurisdiction, such
judgment shall be limited in its effect only to that portion of the
chapter actually adjudged to be invalid, and the remaining portions
of this chapter shall be deemed severable therefrom and shall not
be affected.
Any ordinance provisions inconsistent with the provisions of
this chapter are repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon the approval
and publication of notice of adoption as provided by law.
