City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 12-1-2009 by Ord. No. 26-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 48.
Personnel rules and regulations — See Ch. 54.
Athletic code of conduct — See Ch. 89.

§ 130-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHILDREN or YOUTH
Persons younger than 18 years of age.
CITY
Burlington City, New Jersey.
CITY-SPONSORED YOUTH PROGRAMS
Any youth programs which receive funding, in whole or in part, by the City of Burlington, 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 City of Burlington.
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 Federal Bureau of Investigation, Identification Division, and/or the NJ State Bureau of Identification in the Division of State Police.
EMPLOYEE
Any person providing services to the City, a City-sponsored youth program, or to a nonsponsored youth program, as the case may be, for monetary compensation and/or through an employment contract.
MUNICIPALLY OWNED FACILITIES
Any facilities, including but not limited to any buildings or structures, any parks, and any sports-related playing fields or courts, owned by the City of Burlington or by the Burlington City Board of Education.
MUNICIPALLY OWNED LAND
Land owned by the City of Burlington or by the Burlington City Board of Education.
NONSPONSORED YOUTH PROGRAMS
Any youth programs operating within the City of Burlington which are not City-sponsored youth programs, but which regularly utilize municipally owned facilities or municipally owned land.
POLICE CHIEF
The Burlington City Police Chief.
QUALIFIED PARTICIPANT
A person who has completed a criminal history record 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 date of the criminal history record background check.
VOLUNTEER
Any person providing services to a City-sponsored youth program or to a nonsponsored youth program without monetary compensation from or an employment contract with such programs.
YOUTH PROGRAMS
Any programs that allow for children's participation in activities, including but not limited to sporting activities, passive recreation groups, clubs or camp trips or any other activities whereby some control and responsibility for children is assigned to some person other than a parent or guardian.

§ 130-2 Employees and volunteers of nonsponsored youth programs.

A. 
Prior to any nonsponsored youth program being authorized by the City to utilize municipally owned facilities or municipally owned land, that nonsponsored youth program must provide the Police Chief with the findings of a criminal history record background check for each and every employee or volunteer of such nonsponsored youth program who will provide services to the nonsponsored youth program in or on the municipally owned facilities or municipally owned land. Each employee or volunteer of the nonsponsored youth program applying for the criminal history record background check shall authorize the Chief of Police to be the recipient of the affirmative or negative response from the Federal Bureau of Investigation, Identification Division, and/or the New Jersey State Police based upon the findings of the criminal history record background check.
B. 
All officers of nonsponsored youth programs are responsible to ensure that all of the employees and volunteers who will provide services to nonsponsored youth programs in or on the municipally owned facilities or municipally owned land comply with the requirements of this chapter. The president of each nonsponsored youth program or his or her designated representative shall file an annual roster of all of its employees and volunteers who will provide services to the nonsponsored youth program in or on the municipally owned facilities or municipally owned land with the City's Recreation Department. Such roster shall include information as to whether each listed employee or volunteer has completed a criminal history record background check and the date of such background check. The roster shall be on a form supplied by the City's Recreation Department and shall contain a certification as to the accuracy and completeness of the roster. Any person who knowingly certifies a roster that excludes employees and volunteers who perform services for the nonsponsored youth program in or on the municipally owned facilities or municipally owned land or who provides knowingly false information regarding the status of such employee or volunteer's criminal history record background check shall be in violation of this chapter and laws regarding false swearing. The nonsponsored youth program shall be responsible to ensure that only those employees or volunteers of the nonsponsored youth program who were listed on the roster and who successfully completed their criminal history record background check provide services on behalf of the nonsponsored youth program in or on the municipally owned facilities or municipally owned land and shall prohibit employees and volunteers who fail to comply with the requirements of this chapter from performing such services.

§ 130-3 Employees and volunteers of City-sponsored youth programs.

A. 
Prior to participating in a City-sponsored youth program, individuals wishing to act as employees or volunteers for a City-sponsored youth program must submit an application on forms supplied by the City's Recreation Department for the purpose of obtaining a criminal history record background check from the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police. Applications for criminal history record background checks shall be submitted to the City's Recreation Department. Based upon the memorandum of understanding executed between the City of Burlington and the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, the person applying for the criminal history record background check shall authorize the Chief of Police to be the recipient of the affirmative or negative response from the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the criminal history record background check. Individuals wishing to act as employees or volunteers for a City-sponsored youth program who are required to undergo criminal history record background checks under this chapter shall not be responsible for the costs involved with obtaining the criminal history record background check and, instead, such costs shall be paid by the City.
B. 
All officers of City-sponsored youth programs are responsible to ensure that all of its employees and volunteers who will provide services to the City-sponsored youth programs comply with the requirements of this chapter. The president of each City-sponsored youth programs or his or her designated representative shall file an annual roster of all of its employees and volunteers who will provide services to the City-sponsored youth program. Such roster shall include information as to whether each listed employee or volunteer has completed a criminal history record background check and the date of such background check. The roster shall be on a form supplied by the City's Recreation Department and shall contain a certification as to the accuracy and completeness of the roster. Any person who knowingly certifies a roster that excludes employees and volunteers who perform services for City-sponsored youth programs or who provides knowingly false information regarding the status of such employee or volunteer's criminal history record background check shall be in violation of this chapter and laws regarding false swearing. The City-sponsored youth program shall be responsible to ensure that only those employees or volunteers of the City-sponsored youth program who were listed on the roster and who successfully completed their criminal history record background check provide services on behalf of the City-sponsored youth program and shall prohibit employees and volunteers who fail to comply with the requirements of this chapter from performing such services.

§ 130-4 City employees having authority over children.

A. 
City employees and/or prospective City employees who have or will have authority in some capacity over children without the constant observation of the children's parents or guardians or without the constant observation of a representative of law enforcement or another 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 record background check with the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police. Applications for criminal history record background checks for City employees and/or prospective City employees shall be processed by the Chief of Police. The employee and/or prospective employee shall authorize the Police Chief to be the recipient of the affirmative or negative response from the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the criminal history record background check.
B. 
In the event of a negative determination arising from the criminal history record background check, eligibility for new employment and continued employment shall be determined in accordance with applicable law.
C. 
Notwithstanding anything stated herein, the City shall be permitted to perform criminal history record background checks on employees and/or prospective employees not covered by this chapter in accordance with applicable law.

§ 130-5 Qualification process.

A. 
All persons subject to the provisions of this chapter must obtain a criminal history record background check before performing any services on behalf of a nonsponsored youth program, a City-sponsored youth program, or the City. Any person who has completes a criminal history record background check that reveals no disqualifying convictions shall be designated as a qualified participant and may serve as an employee or volunteer for City-sponsored youth programs and nonsponsored youth programs or as a City employee having authority in some capacity over children without the constant observation of the children's parents or guardians or without the constant observation of a representative of law enforcement or another qualified participant.
B. 
Once an applicant has successfully completed a criminal history record background check and has been designated as a qualified participant, such designation shall be a valid for a period of three years from the date of the criminal history record background check; provided, however, that i) the qualified participant shall be immediately disqualified from serving as an employee or volunteer for City-sponsored youth programs and nonsponsored youth programs or from serving as a City employee having authority in some capacity over children if he or she is subsequently convicted of a disqualifying crime; and ii) that the qualified participant shall be immediately disqualified from serving as an employee or volunteer for City-sponsored youth programs and nonsponsored youth programs or from serving as a City employee having authority in some capacity over children unless he or she files, on an annual basis as established by the City, a certification in a form provided by the City certifying that he or she has not been convicted of a disqualifying crime at any time after the date of his or her last criminal history record background check. Upon the expiration of the three-year period, applicants must reapply for a new criminal history record background check in order to provide the services described within this chapter.
C. 
Every individual subject to this chapter has an ongoing responsibility to notify the City and, where applicable, to also notify the nonsponsored youth program or City-sponsored youth program of any changes in their criminal history background immediately upon such change taking place. Failure by any individual to report any change in their criminal history background shall result in the disqualification of such individual from further service regulated under this chapter and may subject such individual to the penalties for continuing violations set forth within this chapter.

§ 130-6 Disqualification.

A. 
Upon receipt of a completed criminal history record background check conducted by 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 designated representative of the City-sponsored youth program or the nonsponsored youth program, as the case may be, of the positive or negative determination as to the applicant. Upon receipt of a completed criminal history record background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, as to a City employee or prospective City employee, the Chief of Police shall notify the applicant of the positive or negative determination as to the applicant.
B. 
The determination of the Chief of Police is based upon Subsections C and D of this section. Details in the criminal history record 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 history record background check reveals any prior convictions for crimes or offenses which negatively affect the health, safety and welfare of children, the subject of the criminal history record background check shall not be designated as a qualified participant and shall not be allowed to perform services for a nonsponsored youth program, a City-sponsored youth program, or as a City employee having authority in some capacity over children without the constant observation of the children's parents or guardians or without the constant observation of a representative of law enforcement or a qualified participant. Such crimes or offenses shall include, but not be limited to, the following:
(1) 
Crimes or offenses 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. 2C:13-1 et seq. (kidnapping and related offenses), N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et seq. (robbery); or
(2) 
Crimes or offenses 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) 
Crimes or offenses involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(4) 
Crimes or offenses 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) 
Crimes or offenses in any other state or jurisdiction, involving 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. 
If an employee or volunteer of a nonsponsored youth program or a City-sponsored youth program fails to submit to a criminal history record background check or to comply with any of the other requirements of this chapter, that employee or volunteer will be barred from performing services on behalf of the nonsponsored youth program or City-sponsored youth program. If a City employee or prospective City employee fails to submit to a criminal history record background check when required to do so by the City or fails to comply with any of the other requirements of this chapter, the City employee and/or prospective City employee may be subject to discipline or termination in accordance with applicable law.

§ 130-7 Exceptions to applicability.

A. 
The provisions of this chapter shall not apply to youth programs using municipally owned facilities or municipally owned land on an annual basis such as, by way of example, fairs, carnivals, flea markets, and similar events.
B. 
The provisions of this chapter shall not apply to employees or volunteers providing services to the Burlington City Board of Education.

§ 130-8 Limitations on access and use of criminal history record background checks.

A. 
Access to criminal history record background checks for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the City-sponsored youth program, the nonsponsored youth program, or the City, as the case may be, 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. Such records shall be exempt from public disclosure under common law or N.J.S.A. 47:1A-1 et seq.
B. 
City personnel shall limit their use of criminal history record background check information solely to the authorized purpose for which it was obtained, and criminal history record background check information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. The records, in whatever form they exist, including electronically or via computer, shall be destroyed immediately by the City after they have served their intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record background check information may be subject to criminal and/or civil penalties.

§ 130-9 Fees.

Other than as otherwise provided herein, the applicant and/or the City-sponsored youth program or the nonsponsored youth program, as the case may be, shall be responsible for all fees associated with obtaining the criminal history record background check.

§ 130-10 Violations and penalties.

For a violation of any provision of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding the amount authorized in N.J.S.A. 40:49-5, imprisonment for a term not exceeding the term authorized in N.J.S.A. 40:49-5, and/or a period of community service not exceeding the period authorized in N.J.S.A. 40:49-5, or such combination of punishments as the judge may, in his or her discretion, deem appropriate and/or just. Each day in which a violation of any provision of this chapter occurs or exists shall constitute a separate violation of this chapter. Each violation of this chapter that can be deemed severable from any other violation shall be deemed a separate violation.