[HISTORY: Adopted by the Township Council of the Township of River Vale 3-28-2011 by Ord. No. 246-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 29.
Parks and recreation — See Ch. 166.
As used in this chapter, 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 the State Bureau of Identification in the Division of State Police.
CRIMINAL HISTORY RECORD INFORMATION or CHRI
Information collected by criminal justice agencies concerning persons and stored in the computer databases of the New Jersey State Police SBI Criminal History Information System, the National Law Enforcement Telecommunications System or other states' computerized depositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments or other formal criminal charges, and any dispositions arising therefrom, including convictions, dismissals, correctional supervision and release.
DEPARTMENT
The Township of River Vale Police Department.
NONCRIMINAL JUSTICE PURPOSE
Any purpose, other than administration of criminal justice or criminal justice purpose, including employment and licensing, for which applicant fingerprints and search requests are submitted by authorized requesters, as required or permitted by a federal or state statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this chapter, to the State Bureau of Identification for the dissemination of criminal history record information.
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established pursuant to Title 15 or 15A of the New Jersey Statutes, or other law of this state, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from federal income taxes. For the purpose of this chapter, all independent River Vale sports associations, including but not limited to the River Vale Baseball and Softball Association, the River Vale Basketball Association and River Vale Soccer Association, shall be considered to be nonprofit youth-serving organizations.
REVIEW COMMITTEE
A three-member committee consisting of one of the athletic directors, the Business Administrator or a designee of the Mayor and the Chief of Police or designee. The Committee shall be charged with the review of all appeals of any volunteer whose criminal history background check reveals a disqualifying criminal conviction.
STATE BUREAU OF IDENTIFICATION or SBI
The New Jersey State Bureau of Identification created by P.L. 1930, c. 65 (N.J.S.A. 53:1-12 et seq.).
VOLUNTEER COACH
Any person involved with coaching or supervising participants in a nonprofit youth-serving organization, whether the title is coach, assistant coach, manager or another title consistent with these terms.
VOLUNTEER REVIEW OPERATION (VRO)
The unit located within the State Bureau of Identification that is responsible for administering criminal background checks for volunteer coaches as specified in this chapter.
A. 
The Township requires that all employees and volunteers, including a volunteer coach, of a nonprofit youth-serving organization request, through the Department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization in accordance with N.J.A.C. 13:59-1.1 et seq. and with the procedures and guidelines adopted by the VRO. No person will be permitted to act as a volunteer coach until the results of the background checks have been received and reviewed by the Department. Each employee or volunteer under this section shall also have an ongoing duty to report to the Township any new information which would be revealed by such a search.
B. 
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 97-3 of this chapter.
C. 
The Recreation Department shall request a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
D. 
The employee, volunteer or nonprofit youth-serving organization shall bear the cost associated with conducting criminal history background checks in accordance with fees established by the State Bureau of Identification and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2d.
E. 
Criminal history background checks will be performed for individuals under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq. and with the procedures and guidelines adopted by the VRO.
Any prospective or current volunteer coach of a nonprofit youth-serving organization who refuses to consent to this procedure shall not be permitted to participate in any sponsored or cosponsored programs involving nonprofit youth-serving organizations.
A. 
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history record background check reveals a disqualifying record in accordance with the provisions of N.J.S.A. 15A:3A-1 et seq.
B. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute a disqualifying record in accordance with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds for disqualification.
A. 
Prospective or current employees and volunteers of nonprofit youth-serving organizations shall submit their name, address, fingerprints and written consent to the recreational organization for which the criminal history record background check to be performed. The organization shall submit this documentation to the Department, which shall transmit such information to the VRO. Thereafter, all information required for subsequent background checks shall be submitted to the Department, which shall coordinate criminal background checks every 30 to 36 months, not to exceed 36 months after the date of the initial check.
B. 
The Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this chapter.
A. 
Access to criminal history record information for noncriminal-justice purposes, including licensing and employment, is restricted to the Department and the Review Committee, 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.
B. 
Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized 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.
A. 
The VRO shall make a recommendation based on the provisions of N.J.S.A. 15A:3A-1 et seq. as to whether the prospective or current volunteer coach is being recommended. The VRO will provide the Department with a letter of recommendation or non-recommendation for each individual for whom the VRO completed a background check.
B. 
The Department shall promptly notify a prospective or current volunteer coach who receives a letter of non-recommendation from the VRO. Individuals who receive a letter of non-recommendation from the VRO will not be permitted to participate as a volunteer coach. Such individuals may obtain a copy of their criminal history by contacting the VRO in writing. The individuals shall then have 20 days from the receipt of notification from the Department to petition the Review Committee for a review and to cite reasons substantiating the review.
C. 
Individuals who receive a letter of non-recommendation from the VRO may be permitted to serve as a volunteer coach if they affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1 et seq.:
(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 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 recommendations of those who have had the person under their supervision.
D. 
In all instances, the final determination of whether an individual will be permitted to serve as a volunteer coach will lie in the sole discretion of the Review Committee.
E. 
The Review Committee shall promptly advise the prospective or current volunteer coach whether he or she is qualified to serve as such.
F. 
When the Department receives a letter of non-recommendation from the VRO, the Department may file that letter and keep the written notification on file for three years from the date it was issued.
G. 
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 Department pursuant to the provisions of this chapter.