[[1]HISTORY: Adopted by the Board of Trustees of the Village of Island Park as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 90, Background Checks, comprised of Art. I, Events and Festivals on City Property, adopted 9-21-2005 by Ord. No. 76-2005, was repealed 6-16-2021 by Ord. No. 24-2021.
[Adopted 10-20-2021 by Ord. No. 46-2021]
As used in this article, 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 Federal Bureau of Investigation, Identification Division, and/or the New Jersey State Bureau of Identification in the Division of State Police.
MUNICIPALITY or MUNICIPAL
The municipality of the City of Atlantic City, in the County of Atlantic, State of New Jersey.
MUNICIPAL-SPONSORED YOUTH PROGRAM
Any program sponsored by the municipality of Atlantic City, 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 municipality of Atlantic City and having contact with persons under the age of 18 years.
NONSPONSORED YOUTH PROGRAM
Any youth program not sponsored by the municipality of Atlantic City, 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.
YOUTH PROGRAM
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, cultural programs, clubs or camps and trips or other activities whereby some control and responsibility for children are assigned to some person acting for or on behalf of a municipal-sponsored or nonsponsored youth program, other than a parent or caregiver.
A. 
Prior to any municipal-sponsored or nonsponsored youth program, club or organization, 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, volunteers, or similar positions, must provide the municipal Chief of Police or designee with findings of a criminal history background check obtained from the State Bureau of Identification in the New Jersey State Police.
B. 
All league officers and/or those individuals in charge of each program are required to ensure compliance with this article for that league or program. The leader of each program shall file an annual roster of individuals that are required to participate in the background check procedures of this article. 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 article and laws regarding false swearing.
A. 
Upon receipt of a completed 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 municipal Chief of Police or designee shall notify the applicant and the president or leader of the program of affirmative or negative results. The determination of the municipal Chief of Police or designee is based upon Subsection B(1) of this section.
B. 
In the event the criminal background check reveals any prior convictions for crimes or offenses which could negatively impact the health, safety and welfare of children, it is in the City's discretion to determine whether said person shall not be qualified to participate in any capacity, in any function held at any municipal-owned facility with persons under the age of 18 years. Such offenses include, but are not limited to:
(1) 
In New Jersey, any of the following:
(a) 
Any crime under N.J.S.A. 2C:11-1 et seq.; aggravated assault and stalking under N.J.S.A. 2C:12-1; N.J.S.A. 2C:13-l, kidnapping; N.J.S.A. 2C:14-1 et seq.; or N.J.S.A. 2C:15-1;
(b) 
Against the family, children or incompetents, meaning those crimes set forth in N.J.S.A. 2C:24-4 et seq.;
(c) 
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;
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 article 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-municipal-sponsored youth program to subscribe to the requirements of this article shall forfeit that program's ability to use municipal facilities.
E. 
A criminal history shall not constitute an absolute bar for employment in or participation in any position, program or event which by nature and function of the position, program or event is diversionary and requires or recommends the participation of individuals with a criminal history. Individuals operating in such a capacity shall be assessed on a case-by-case basis as to their suitability for employment or participation under this article.
All municipal-sponsored and nonsponsored youth programs that have individuals subject to this article shall supply background checks for all of its participants prior to the individual being able to participate at any function at a municipal-owned facility to the extent covered by this article. Thereafter, every three years, a new background check shall be submitted to the Chief of Police or designee.
Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal their disqualification.
A. 
Appeal re: accuracy of record. A person may challenge the accuracy of the criminal history record.
(1) 
A challenge to the accuracy of the report shall be filed with the municipal Chief of Police or other chief of law enforcement officer, who shall coordinate the challenge with the New Jersey State Police.
B. 
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1) 
No person may appeal a disqualification on the grounds of rehabilitation, if the person has been disqualified because that person has been convicted 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 Section 1 of P.L. 1993 c. 291 (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 offenses.
(2) 
Appeals Committee. An appeal based on rehabilitation shall be made to an Appeals Committee as designated by the Business Administrator. Any such appeal must be made within 30 days of receipt of notice of disqualification.
(3) 
Rehabilitation criteria. In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Committee shall consider the following factors:
(a) 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(b) 
The nature and seriousness of the offense;
(c) 
The circumstances under which the offense occurred;
(d) 
The date of the offense;
(e) 
The age of the person when the offense was committed;
(f) 
Whether the offense was an isolated or repeated incident;
(g) 
Any social conditions which may have contributed to the offense; and
(h) 
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.
(4) 
If the Appeals Committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the municipal Chief of Police or other chief law enforcement officer of the municipality.
A. 
Any and all criminal background checks supplied to the municipal Chief of Police or designee 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 designee shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under the common law or the 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 noncriminal 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. This information shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized person. 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 article may result in the municipality withholding funding for the nonprofit youth-serving organization or prohibiting the use of facilities.
B. 
Any individual who has been advised, verbally or in writing, of their disqualification to participate and continues to participate, upon conviction thereof in a proceeding before a court of competent jurisdiction, is subject to the following fines:
(1) 
A fine of not less than $250 and not more than one $2,000.
(2) 
Each continuing violation of this article shall constitute a separate offense.
Should any provision of this article be inconsistent with the provisions of any prior ordinances, the inconsistent provisions of such prior ordinances are hereby repealed, but only to the extent of any inconsistencies.
This article shall take effect upon passage and publication.