[HISTORY: Adopted by the Mayor and Council of the Borough
of Fort Lee 5-8-2014 by Ord. No. 2014-19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record,
record of domestic violence, and/or other court/administrative orders/rulings
which might negatively impact their fitness and suitability to participate
as a youth coach, youth stipend coach, and/or volunteer by cross-referencing
that person's name 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, the National
Crime Information Center, National Sex Offender Public Registry, and/or
Social Security Administration, or any such additional entities deemed
as necessary and proper in the sole, good faith opinion, and discretion
of the Borough Administrator.
The Borough of Fort Lee, in the County of Bergen, State of
New Jersey.
Any program and/or function sponsored by the Borough of Fort
Lee, including any municipal employees, volunteer organizations created
by the municipality, and all leagues, boards, committees and commissions
affiliated with, falling within the purview of, or acting for or on
behalf of the Borough of Fort Lee and having contact with persons
under the age of 18 years.
Any youth program not sponsored by the Borough of Fort Lee,
but which utilizes municipal facilities/equipment or has affiliation
with a municipal-sponsored youth program and has contact with persons
under the age of 18 years.
Persons under the age of 18 and persons older than 18 who
are subject to guardianships, or are adjudicated persons in need of
supervision.
Any program that allows for participation in activities by
those persons under the age of 18 years old. 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
for or on behalf of a municipal-sponsored youth program or non-sponsored
youth program, other than a parent or caregiver.
A.Â
Prior to any club organization not defined as a municipal-sponsored
youth program being authorized to use municipal facilities/equipment
for functions participated in by children, all adults, persons 18
years old or older, including but not limited to coaches, assistant
coaches, stipend coaches, volunteers, or similar positions involved
in education, directing or supervising minors, and in any way assisting
in a non-municipal-sponsored youth program or function, shall submit
sufficient information on forms promulgated by the private agency
or Borough, as same may be amended from time to time, or other enforcement
authority from the New Jersey State Police, and shall sign, date,
and affirm the truth of the information submitted, for the purpose
of obtaining a background check with the State Bureau of Identification
in the New Jersey State Police. Applications for background checks,
including any and all background check data, shall be processed by
the Borough Administrator.
B.Â
Prior to any club organization not defined as a municipal-sponsored
youth program being authorized to use municipal facilities/equipment
for functions participated in by children, all adults, persons 18
years old or older, including but not limited to coaches, assistant
coaches, stipend coaches, volunteers, or similar positions involved
in education, directing or supervising minors, and in any way assisting
in a non-municipal-sponsored youth program or function, must provide
the Borough Administrator with up-to-date findings of a background
check, including any and all background check data, obtained from
the Federal Bureau of Investigation, Identification Division and/or
the State Bureau of Identification in the New Jersey State Police,
the National Crime Information Center, National Sex Offender Public
Registry, and/or Social Security Administration, or any such additional
entities deemed as necessary and proper in the sole, good-faith opinion
and discretion of the Borough Administrator.
C.Â
The individual applying for the background check shall authorize
the Borough Administrator to be the recipient of the response from
the private agency or Borough Police Department, based upon the findings
of the background check. Individuals involved in a non-municipal-sponsored
youth program or function, and who are required to undergo background
checks based upon this chapter, shall not be responsible for the costs
involved with obtaining the background check. The Borough shall bear
the costs for the background checks for the individuals qualified
under this section.
D.Â
The submission of background check findings must be based upon a
check performed within one year of the start of use of the municipal
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 facilities/equipment. In all cases, the background
check must comply with the provisions of any applicable laws regarding
same, but not be less detailed than those performed by the municipality
for individuals involved in administering municipal-sponsored youth
programs. All fees for individuals not administering a non-municipal-sponsored
youth program shall be borne by the Borough.
A.Â
All adults, persons 18 years old or older, including but not limited
to coaches, assistant coaches, volunteers, or similar positions involved
in education, directing or supervising minors, and in any way assisting
in a municipal-sponsored youth program or function participated in
by children, shall submit sufficient information on forms promulgated
by the private agency or Borough, as same may be amended from time
to time, or other enforcement authority from the New Jersey State
Police, and shall sign, date, and affirm the truth of the information
submitted, for the purpose of obtaining a background check with the
State Bureau of Identification in the New Jersey State Police. Applications
for background checks, including any and all background check data,
shall be processed by the Borough Administrator.
B.Â
The individual applying for the background check shall authorize
the Borough Administrator to be the recipient of the response from
the private agency or Borough Police Department, based upon the findings
of the background check. Individuals involved in a municipal-sponsored
youth program or function, and who are required to undergo background
checks based upon this chapter, shall not be responsible for the costs
involved with obtaining the background check. The Borough shall bear
the costs for the background checks for the individuals qualified
under this section.
C.Â
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 Borough, as same may be amended from time
to time, 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 Borough shall be issued annual identification
cards with appropriate expirations based upon the date of their individual
background check.
A.Â
Upon receipt of a completed background check conducted by the private
agency, Borough and/or the State Bureau of Identification in the New
Jersey State Police, and/or the Federal Bureau of Investigation, Identification
Division, the Borough Administrator shall notify the applicant and
the department head of the Borough Recreation Department, and the
president or leader of the recreation program, of affirmative results.
Details of the background check that result in a negative determination
are available upon making a formal request to the Borough Administrator.
B.Â
In the event that the background check reveals any prior convictions
for violations, crimes, offenses, domestic violence and other court/administrative
orders/rulings which negatively impact the health, safety and welfare
of children, said person shall not be qualified to participate in
any official capacity in any youth program or function with persons
under the age of 18 years held at any municipal facilities and/or
involving the use of municipal equipment. Such offenses shall include,
but not limited to:
(1)Â
In New Jersey, any crime or disorderly persons offense:
(a)Â
Involving danger to the person, meaning those crimes and disorderly
offenses set forth in N.J.S.A. 2C:11-1 et seq., including, but not
limited to, criminal homicide, murder, manslaughter, etc.; N.J.S.A.
2C:12-1 et seq., including, but not limited to, assault, reckless
endangerment, threats, stalking, etc.; N.J.S.A. 2C:13-1 et seq., such
as kidnapping; N.J.S.A. 2C:14-1 et seq., including, but not limited
to, sexual assault; or N.J.S.A. 2C:15-1 et seq., including, but not
limited to, robbery;
(b)Â
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., including, but not limited to, endangering the welfare of
a child; or N.J.S.A. 2C:24-4 et seq., including, but not limited to,
causing or permitting a child to engage in a prohibited sexual act,
knowing or intending that the sexual act will be reproduced or will
be part of an exhibition or performance.
(c)Â
Involving possession of weapons for unlawful purposes as set
forth in N.J.S.A. 2C:39-1 et seq., including, but not limited to,
unlawful possession of weapons, and the manufacture, transport, disposition
and defacement of weapons and dangerous instruments and appliances.
(d)Â
Involving cruelty to animals as set forth in N.J.S.A. 4:22-1
et seq., including, but not limited to, overdriving, over loading,
driving when overloaded, overworking, torturing, tormenting depriving
of necessary sustenance, unnecessarily or cruelly beating or otherwise
abusing, or needlessly mutilating or killing a living animal or creature;
(e)Â
Involving arson and related offenses as set forth in Chapter
17 of Title 2C of the New Jersey Statutes;
(h)Â
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes.
(i)Â
Any fourth-degree offense or higher.
(j)Â
Any other sufficient causes deemed as necessary and proper in
the sole, good-faith opinion and discretion of the Borough Administrator.
(2)Â
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the violations, crimes, offenses,
domestic violence and other court/administrative orders/rulings described
in this section.
C.Â
The list of violations, crimes, offenses, domestic violence and other
court/administrative orders/rulings 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 programs, functions,
or youth-related activities as indicated herein.
D.Â
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
youth programs or functions requiring background checks. In addition,
refusal to comply with this chapter by an individual falling within
the scope of requirements for non-sponsored youth programs will forfeit
that 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/equipment, along with all other
municipal support.
E.Â
The Borough Administrator may accept an applicant with conditions,
including but not limited to, any disqualifiable offense that resulted
in a nonconviction, and any chargeable offense that does not meet
the disqualification criteria set forth in this section, or other
conditions deemed as necessary and proper in the sole, good-faith
opinion and discretion of the Borough Administrator.
A.Â
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 a municipal facility to the extent covered by the chapter. Thereafter,
every one year, or in a frequency deemed reasonable by the Borough,
a new background check shall be submitted to the Borough Administrator.
B.Â
Municipal-sponsored programs.
(1)Â
All municipal-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Borough Administrator
for background checks prior to the individual being able to participate
in any function sponsored by the Borough. Thereafter, every one year,
or in a frequency deemed reasonable by the Borough, a new background
check shall be submitted to the Borough Administrator.
(2)Â
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 Borough Administrator
for a background check. Interim approvals shall only be granted in
exigent circumstances and will only be valid for the period of time
that it takes to receive background checks results. Such interim approval
shall not be valid for a period of time exceeding 30 days. Only one
interim approval may be granted per individual.
Any person whose background check disqualifies that person from
employment or from volunteering or coaching may appeal his or his
disqualification.
A.Â
Appeal regarding accuracy of record. A person may challenge the accuracy
of the background check and criminal history record.
(1)Â
A challenge to the accuracy of the background check record shall
be filed with the Borough Administrator, who shall coordinate the
challenge when applicable.
(2)Â
No person may appeal a disqualification on the grounds of accuracy
of the background check record, if 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 (3) 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:14-3(b) 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.
(3)Â
Appeals process. An appeal based on accuracy of the background check
record shall be made to the Borough Administrator. The Borough Administrator
may call and cross-examine witnesses, present documentary evidence,
and be represented by counsel of their choosing, to submit written
argument(s) and reach a written decision, if they so request. Any
such appeal must be made within 30 days of receipt of the notice of
disqualification.
(4)Â
If the Borough Administrator determines that the facts were inaccurate
so as to allow a disqualified person service, s/he shall enter the
person's name on the list of qualified employees, coaches and
volunteers that s/he maintains.
B.Â
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1)Â
No person may appeal a disqualification on the grounds of rehabilitation,
if 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 (3) 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:14-3(b) 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)Â
Appeals process. An appeal based on rehabilitation of the background
check record shall be made to the Borough Administrator. The Borough
Administrator may call and cross-examine witnesses, present documentary
evidence, be represented by counsel of their choosing, to submit written
argument(s) and reach a written decision, if they so request. Any
such appeal must be made within 30 days of receipt of the notice of
disqualification.
(3)Â
Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Borough Administrator shall consider
the following factors:
(a)Â
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)Â
The nature and seriousness of the offense;
(c)Â
The circumstances under which the offense occurred;
(d)Â
The date of the offense;
(e)Â
The age of the person when the offense was committed;
(f)Â
Whether the offense(s) was an isolated or repeated incident;
(g)Â
Any social conditions which may have contributed to the offense;
and
(h)Â
Any other evidence of rehabilitation, including good conduct
in the community, counseling or psychiatric treatment received, successful
participation in correctional work-release programs, or the recommendation
of those who have had the person under their supervision.
(4)Â
If the Borough Administrator determines that the disqualified person
has been successfully rehabilitated, or facts inaccurate so as to
allow them service, s/he shall enter the person's name on the
list of qualified employees, coaches and volunteers.
A.Â
Pursuant to N.J.S.A. 47:1A-1 et seq., the Open Public Records Act,
any and all criminal background checks supplied to the Borough Administrator
shall be filed and maintained in a secure and locked cabinet or room
and shall not be available to the public. The Borough Administrator
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. The records shall only be retained for
such period of time as is necessary to serve their intended and authorized
purposes, and thereafter shall be destroyed.
B.Â
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.Â
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 persons. Any person violating
federal or state regulations governing access to criminal history
records may be subject to criminal and/or civil penalties.
A.Â
Failure to comply with this chapter may result in the Borough withholding
funding for the nonprofit, youth-serving organization, prohibiting
the use of municipal facilities/equipment, or withholding funding
for facility maintenance.
B.Â
Any individual who has been advised, verbally or in writing of his/her
disqualification to participate and continues to participate upon
conviction thereof in a proceeding before a court of competent jurisdiction
shall be subject to the following fines:
