The Board shall elect a Chairman and such other
officers as may be necessary and shall have the power to adopt bylaws
and rules and regulations for the proper conduct of public recreation
for the City.
[Amended 5-23-1996 by Ord. No. 10-1996]
The Board of Recreation Commissioners shall
have full control over and provide, conduct and supervise public playgrounds,
playfields, beaches, swimming areas, indoor recreation centers and
other recreation areas and facilities owned or controlled by the City.
It shall have the power to conduct any form of recreation or cultural
activity that will employ the leisure time of the people in a constructive
and wholesome manner. It may conduct such activities on properties
under its own control, on public properties with the consent of the
authorities thereof and on private properties with the consent of
the owners. It may impose charges as authorized by law. It may promulgate
and amend from time to time, subject to approval by City Council by
resolution, reasonable rules and regulations concerning the peaceful
enjoyment and use of the recreation fields and facilities by citizens
of Somers Point and guests.
[Added 5-8-2014 by Ord. No. 14-204]
The Somers Point Board of Recreation Commissioners shall conduct
its activities and meetings in accordance with all applicable state
law, which shall include, but may not be limited to, the Open Public
Meetings Act and the Open Public Records Act.
[Added 5-8-2014 by Ord. No. 14-204]
The meetings and deliberations of the Board of Recreation Commissioners
shall proceed in accordance with the latest version of Robert's
Rules of Order.
Annually, the Board of Recreation Commissioners
shall submit a budget to the City Council for its approval.
The Board of Recreation Commissioners shall
make an annual report to the City Council and such other reports as
from time to time may be requested.
[Added 2-9-2012 by Ord. No. 1-2012]
A. Definitions. As used in this section, 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, fingerprints, social
security number and date of birth with those on file with the Federal
Bureau of Investigation, Identification (SI) Division, and/or the
State Bureau of Identification of the New Jersey State Police.
CURRENT AND PROSPECTIVE EMPLOYEES OR VOLUNTEERS
A person of the age of 18 years or older who is or intends
to be employed by and/or volunteers to participate on behalf of a
nonprofit youth organization or program which provides recreational,
cultural, charitable, social or other activities or services principally
to minors under the age of 18 years.
NONPROFIT YOUTH ORGANIZATION PROGRAM OR ACTIVITY
(1)
A nonprofit youth organization, program or activity, excluding
public and nonpublic schools, principally involving minors under 18
years of age, that provides recreational, cultural, charitable, social
or other activities or services that are endorsed, supported or sponsored
by the City of Somers Point or the Somers Point Board of Recreation
Commissioners, or receive funding from the City of Somers Point or
the Somers Point Board of Recreation Commissioners, and any such organization
or program which is not endorsed, financially supported or sponsored
by the City of Somers Point or the Somers Point Board of Recreation
Commissioners but which requests permission to utilize City-owned
facilities or parks or facilities and parks which are under the jurisdiction
or control of the Somers Point Board of Recreation Commissioners.
(2)
The Somers Point Board of Recreation Commissioners shall prepare
and maintain on file and available for public inspection a list of
all nonprofit youth organizations, programs or activities endorsed,
supported or sponsored by the City of Somers Point or the Somers Point
Board of Recreation Commissioners and which are within the scope of
this section.
B. Request for criminal background checks and consent as condition of
participation in nonprofit organization, program, activity or service
sponsored, financially supported, or endorsed by the City of Somers
Point or the Somers Point Board of Recreation Commissioners.
(1) Every current and prospective employee or volunteer of a nonprofit
youth organization, program or activity principally involving minors
under 18 years of age that provides recreational, cultural, charitable,
social or other activities or services endorsed, supported or sponsored
by the City of Somers Point or the Somers Point Board of Recreation
Commissioners shall submit to a criminal history background check
prior to engaging in such activity.
(2) Each current and prospective employee or volunteer shall provide
his or her written consent to the criminal background check in order
to be permitted to participate in the nonprofit youth organization
or activities as defined herein. Such written consent shall be submitted
to the Director of CER (Community, Recreation and Education).
C. Renewal of criminal background check.
(1) Each criminal background check, upon receipt of qualification, shall
be valid for a period of five years, after which each employee and
volunteer shall submit a new application.
(2) In each of the intervening years between criminal background checks,
each employee and volunteer shall certify to the Director of CER in
writing that there has been no change in circumstances which would
result in a disqualification of that employee or volunteer.
(3) In the event an employee or volunteer is convicted of any of the crimes or disorderly persons' offenses specified in Subsection
F of this section, such employee or volunteer shall promptly inform the Director of CER within 30 days of such conviction and shall thereupon be disqualified from continuing to serve as an employee or volunteer.
(4) In the event, however, that any such employee or volunteer shall be charged or arrested for sexual misconduct or a crime or disorderly offense of the type specified in Subsection
F, either in this state or without, although the volunteer or employee shall be given the presumption of innocence as to such charges or arrests, such employee or volunteer shall promptly notify the Chief of Police and the Director of CER following any such charge or arrest.
D. Cost of conducting criminal background check. The costs of the criminal
history record background check are to be borne by the employee or
volunteer seeking to participate on behalf of a nonprofit youth organization,
program or activity. The Somers Point Board of Recreation Commissioners
shall prepare and maintain on file a list of all nonprofit youth organizations,
programs or activities endorsed, supported or sponsored by the City
of Somers Point or the Somers Point Board of Recreation Commissioners
and which are within the scope of this section.
[Amended 4-25-2013 by Ord. No. 7-2013]
E. Procedure for processing criminal background checks. The Somers Point
Board of Recreation Commissioners shall from time to time establish
procedures for notifying employees and for processing all criminal
background checks, which shall be consistent with the requirements
of N.J.S.A. 15A:3A-1 et seq., and:
(1) All youth organizations, programs or activities endorsed, sponsored,
or supported by the City of Somers Point or the Somers Point Board
of Recreation Commissioners shall be required to submit a list of
names, addresses and a written consent form from all prospective and
current employees and volunteers to the Director of CER (Community,
Recreation and Education) of the City of Somers Point.
(2) The Director of CER shall coordinate the criminal background checks
and schedule the fingerprinting and photographing through the Somers
Point Police Department to the extent necessary.
(3) The Somers Point Board of Recreation Commissioners shall engage the
services of a third-party independent agency approved by the State
of New Jersey to conduct the criminal history record background checks
authorized under this section to provide the following services:
(a)
Provide an on-site representative to photograph and fingerprint
all volunteers and/or employees.
(b)
Collect, review for accuracy, and deliver all fingerprint cards
to the New Jersey State Police.
(c)
Notify the Somers Point Board of Recreation Commissioners of
the qualification of each applicant based upon information received
from the New Jersey State Police.
(d)
Issue photograph identification cards for all volunteers and/or
employees who have successfully passed the background record check
to the Board of Recreation Commissioners, which shall issue the identification
card to the applicant.
(e)
Issue and update rosters of all processed applicants to the
Somers Point Board of Recreation Commissioners.
(f)
Secure and maintain at all times during the term of the contract
general public liability insurance with a minimum limit of liability
of $1,000,000, and statutory workers' compensation, with coverage
in amounts as required by New Jersey statutes. The agency shall provide
the Somers Point Board of Recreation Commissioners with a certificate
of insurance naming the City of Somers Point and the Somers Point
Board of Recreation Commissioners as additional insureds under the
general liability policy and evidencing the above coverage and limits
of liability with the obligation to provide a minimum of 30 days'
advance written notice prior to any cancellation or alteration of
any of the policies referred to in the certificate.
(g)
At all times during the term of the contract, secure and maintain
a policy of professional liability insurance with a minimum coverage
limit of $1,000,000.
F. Conditions of disqualification. Subject to the appeal procedure provided by Subsection
I, a person shall be disqualified from serving as an employee or volunteer of such a nonprofit organization, program or activity if that person's criminal history record background check reveals a record of conviction of any of the following crimes or disorderly persons' offenses:
(1) In New Jersey, any crime or disorderly persons' offense:
(a)
Involving danger to the person, meaning any of those crimes
and disorderly persons' offenses set forth in N.J.S.A. 2C:11,
Homicide; N.J.S.A. 2C:12, Assault; Endangering; Threats; N.J.S.A.
2C:13, Kidnapping; N.J.S.A. 2C:14, Sexual Offenses; or N.J.S.A. 2C:15,
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.;
(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, possession of 50 grams or less of marijuana.
(2) In any other state of jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in Subsection
F(1) of this section.
(3) Violation of any other statute which the New Jersey Legislature may
from time to time add to the list of disqualification by amendment
or supplement to N.J.S.A. 15A:3A-3 or which the criminal background
investigation shall include as a basis for disqualification.
G. Notification of disqualification. If a person is determined to be
disqualified from serving as an employee or volunteer of such an organization,
program or activity because the criminal history record background
check reveals a record of conviction as listed above:
(1) A copy of the notification of disqualification will be sent directly
from the State of New Jersey, Office of the Attorney General, Department
of Law and Public Safety, Division of State Police, or the third-party
agency, to the applicant, the third-party provider, and the Director
of CER of the Somers Point Board of Recreation Commissioners.
(2) No entity within the process will be privy to specific contents of
the applicant's criminal background other than the applicant.
The applicant may obtain a copy of the criminal history record directly
from the New Jersey State Police.
(3) Any applicant who receives a notice of disqualification shall have
the right to pursue the matter with the third-party provider, but
all fees and costs shall be the sole responsibility of the applicant
and shall not be subject to reimbursement or refund by the Somers
Point Board of Recreation Commissioners. If the disqualification is
removed and the applicant is subsequently found to be qualified, 1/2
of the initial fee will be refunded to the applicant.
(4) The rules and regulations concerning access to and dissemination
of information obtained as a result of conducting a criminal history
record background check have been established by the New Jersey Attorney
General pursuant to the Administrative Procedures Act, which shall
control.
H. Youth Protection Program Appeal Panel.
(1) In order to monitor and supervise the enforcement of this section
as well as hear appeals, a three-member Youth Protection Program Appeal
Panel shall be established, which shall be comprised of the Chief
of Police, the Mayor of the City of Somers Point and the Director
of CER.
(2) In the event the designated member shall be unable to participate
in an appeal, the following designated alternate representatives shall
appear and participate:
(a)
For the Chief of Police, the second-highest-ranking officer
appointed to serve in the Police Department;
(b)
For the Mayor, the Council President Pro Tem; and
(c)
For the Director of CER, the Chairperson of the Somers Point
Board of Recreation Commissioners.
(3) All members or designated alternates shall serve without additional
compensation.
I. Appeal process.
(1) All current and prospective employees or volunteers whose criminal
history background check disqualifies such person from employment
or from volunteering may appeal his or her disqualification on the
basis that the person has been rehabilitated. Such person may appeal
the disqualification determination by filling a written notice of
appeal with the Director of CER together with all supporting documentation
evidencing the rehabilitation.
(2) Such appeal must be filed in writing by the disqualified individual
within 20 calendar days following the date set forth on the notice
of disqualification. There shall be no extensions granted, and failure
to comply with the time period shall constitute a waiver of the right
of appeal.
(3) All appeal requests shall be held before the Youth Protection Program
Appeal Panel not later than 30 calendar days after receipt of the
written notice of appeal together with the complete appeal application
materials provided by the appellant; and a written determination shall
be made and mailed to the applicant advising whether, in the opinion
of the Appeal Panel, the employee or volunteer qualifies for service.
The decision of the Appeal Panel must be unanimous in order to be
approved. The decision of the Appeal Panel shall be final and not
subject to further appeal or challenge.
(4) At the hearing, the employee or volunteer shall have the right to
appear and be heard, to be represented by an attorney, and to present
witnesses in his or her own behalf. Rules of evidence shall not apply,
and the proceeding is not adversarial. The burden to convince is solely
upon the appellant.
(5) The Youth Protection Program Appeal Panel may overturn a disqualification
determination if the employee or volunteer is able to demonstrate
by clear and convincing evidence that he/she has been sufficiently
rehabilitated so as to make him/her eligible to serve the organization.
(6) In determining whether a person has affirmatively demonstrated rehabilitation,
the appeals committee may 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;
(e)
The age of the person committing the offense when the offense
was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social or environmental conditions which may have contributed
to the offense; and
(h)
Any other evidence of rehabilitation, including a certificate
of rehabilitation issued pursuant to N.J.S.A. 2A:168A-7 et seq., 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.
(7) If the appeals committee determines, in its sole discretion, based
upon the information provided, that the disqualified person has been
successfully rehabilitated, it shall direct that that person's
name be entered on the list of qualified employees and volunteers
maintained by the Director of CER.
(8) A person shall not under any circumstances be eligible for a certificate
of rehabilitation or approval as a qualified employee or volunteer
pursuant to N.J.S.A. 2A:168A-7 if that person has been convicted of:
(b)
An offense to which N.J.S.A. 2C:43-7.2 (eligibility for parole;
persons convicted of certain violent crimes) applies;
(c)
A second-degree offense defined in Chapters 13 (kidnapping and
related offenses; coercion); 14 (sexual offenses); 15 (robbery); 16
(bias crimes); 24 (offenses against the family, children and incompetents);
27 (bribery and corrupt influence); 30 (misconduct in office; abuse
of office); 33 (riot, disorderly conduct and related offenses); and
38 (September 11th, 2001 Anti-Terrorism Act - See N.J.S.A. 2C:1-1
et seq.);
(d)
A violation of N.J.S.A. 2C:24-4a or of N.J.S.A. 2C:24-4b(4)
(endangering the welfare of children);
(e)
A crime requiring registration pursuant to N.J.S.A. 2C:7-2 (Megan's
Law);
(f)
A crime committed against a public entity or against a public
officer;
(g)
A crime enumerated in N.J.S.A. 43:1-3.1b(2) (theft by deception)
committed by a public employee, which involves or touches upon the
employee's office, position or employment, such that the crime
was related directly to the person's performance in, or circumstances
flowing from, the specific public office or employment held by the
person;
(h)
Any crime committed against a person 16 years of age or younger
or a disabled or handicapped person; or
(i)
A conspiracy or attempt to commit any of the crimes described in this §
48-7I(8).
(9) Restriction upon dissemination of confidential information. Members
of the appeals committee and their designees shall limit their use
of the criminal history record information provided by the appellant
solely to the authorized purpose for which it was obtained. Criminal
history record information furnished shall not be disseminated to
persons or organizations not authorized to receive the records for
authorized purposes and shall not be disseminated to any unauthorized
persons. This record, in whatever form it exists, including electronically
or via computer, shall be destroyed immediately by the appeals committee
after it has served its intended and authorized purpose. Any person
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
J. Certification by affidavit by other responsible person as an essential
element of the application to utilize any facility or park owned by
the City of Somers Point and as a precondition for such use.
(1) The president, director, sponsor, leader, or other responsible person
in charge of any nonprofit organization or program which provides
recreational, cultural, charitable, social or other activities or
services principally involving minors under the age of 18 years which
is not sponsored, financially supported or endorsed by the City of
Somers Point or the Somers Point Board of Recreation Commissioners,
and which requests the use of any facility or park owned by the City
of Somers Point or under the jurisdiction of the Somers Point Board
of Recreation Commissioners, shall, as an essential part of each application
submitted to the Somers Point Board of Recreation Commissioners for
such use, submit a certification by affidavit that the organization
or program has subjected each of its employees and volunteers to a
criminal background check in compliance with N.J.S.A 15A:3A-1 et seq.
and has disqualified any person, which the Somers Point Board of Recreation
Commissioners shall be entitled to rely upon and which shall be maintained
on file by the Somers Point Board of Recreation Commissioners. Failure
to submit the required affidavit shall render the application incomplete
and shall make the organization or program ineligible to use any such
facility or field until the condition shall have been satisfied.
(2) The requirement set forth in Subsection
J(1) shall not apply to any program, activity or service which is sponsored or engaged in by a public or nonpublic school.
(3) The Somers Point Board of Recreation Commissioners shall include
the requirements of this section within its rules and procedures for
use of City-owned facilities and parks and shall make the affidavit
requirement a part of its application form.