[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodcliff Lake as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 240.
[Adopted 3-16-2015 by Ord. No. 15-03]
The Rutgers S.A.F.E.T.Y. Clinic (Sports Awareness for Educating
Today’s Youth™) is a program run by the Youth Sports Research
Council and is a division of the Department of Exercise Science and
Sports Studies at Rutgers, The State University of New Jersey. Said
program meets the minimum standards for volunteer coaches safety orientation
and training skills programs pursuant to N.J.A.C. 5:52 and provides
partial civil immunity protection to volunteer coaches under the Little
League Law (N.J.S.A. 2A:62A-6 et seq.).
Any Borough of Woodcliff Lake youth-serving organization, as
defined by state law, N.J.S.A. 15A:3A-1, shall require all volunteer
coaches to successfully complete the Rutgers S.A.F.E.T.Y. Clinic yearly
prior to representing the Borough.
[Adopted 3-16-2015 by Ord. No. 15-04]
A.
Any Borough of Woodcliff Lake youth-serving organization, as defined
by state law, N.J.S.A. 15A:3A-1, shall require all employees and volunteers
of that organization who have regular, unsupervised contact with minors
to obtain a criminal history background check.
B.
The costs associated with conducting the background check shall be
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-2(d)
for employees and volunteers.
C.
The Borough shall bear the cost of background checks for Borough
employees only.
D.
Youth organizations may, at their own discretion, pay the costs associated
with conducting the background check for volunteers. However, if the
youth organization does not choose to bear said costs, volunteers
themselves must bear the costs associated with conducting the background
check.
E.
No employee or volunteer may commence work without having first undertaken
and been cleared by a criminal history background check.
A person shall be disqualified from serving as an employee or
volunteer of a nonprofit youth-serving organization if that person’s
criminal history background check reveals a record of conviction of
any of the following crimes and offenses:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery.
(2)
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.,
such as endangering the welfare of a child.
(3)
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes.
(4)
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 (minimal
amounts of marijuana or hashish).
B.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
A.
Each employee or volunteer shall submit his or her application and
consent for a criminal history background check to the Borough Recreation
Director. The Borough Recreation Director shall coordinate the background
checks with the Chief of the Woodcliff Lake Police Department or his/her
designee and/or the New Jersey State Police, in accordance with the
requirements of N.J.S.A. 15A:3A-1 et seq.
(1)
Once an accurately completed application and consent for a criminal
background check is received by the Borough Recreation Director, the
employee or volunteer will be given the necessary documents to get
his/her fingerprints taken by an authorized state agency. The employee
or volunteer is responsible for making and keeping the necessary appointment
for fingerprints to be taken.
(2)
The State Police Bureau of Identification shall inform the Chief of the Woodcliff Lake Police or his/her designee within the Police Department whether the employee’s or volunteer’s criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 76-4 of this article.
B.
If the background check disqualifies the individual from employment
or volunteering, he or she shall be so notified by the Chief of the
Woodcliff Lake Police or his/her designee within the Police Department.
The details in the background check that result in a negative determination
by the State Police are only available to the employee or volunteer
upon making a formal request to the State Police Bureau of Identification.
It will then be up to the individual to obtain a copy of this record
and provide it to the Borough Recreation Director for appeal consideration.
C.
Successful background checks shall be reported to the appropriate
organization Chairperson, who shall maintain a list of all individuals
who are qualified to serve as employees or volunteers with nonprofit
youth-serving organizations by virtue of their having successfully
completed the background check.
D.
A successful background check remains valid for three years.
E.
Access to criminal history record information shall be limited in
accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C.
13:59-1.1 et seq.
B.
No person may appeal a disqualification on the grounds of rehabilitation
if the person has been rejected 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 (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.
C.
A challenge to the accuracy of the report shall be filed with the
Woodcliff Lake Borough Chief of Police, who shall coordinate the challenge
with the New Jersey State Police.
D.
An appeal based on rehabilitation shall be made to an Appeals Council,
which shall consist of the Woodcliff Lake Recreation Director, the
Woodcliff Lake Borough Chief of Police or the Chief’s designee,
the Borough Attorney and the Woodcliff Lake Borough Recreation Director.
Any such appeal must be submitted to the Woodcliff Lake Police Chief
and Borough Recreation Director within 30 days of receipt of the notice
of disqualification.
E.
In determining whether a person has affirmatively demonstrated rehabilitation
for an offense identified in the background check report, the Appeals
Council shall consider the following factors:
(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.
(8)
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.
F.
If the Appeals Council 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 responsible appropriate organization or committee.
G.
Review proceedings of an appeal to the Appeals Council shall be closed
to the general public.
H.
A determination from the Appeals Council shall be rendered no later
than 10 days after the date of review of the appeal.
I.
The Woodcliff Lake Police Chief and other police personnel and/or
the Appeals Council shall limit their use of the criminal history
background check information obtained as a result of the requested
search to the making of the determination pursuant to the within article.
J.
Following the appeal process, the subject records shall be returned
to the Woodcliff Lake Police Department, where they shall be sealed,
dated, and destroyed one year after sealing, unless the Woodcliff
Lake Police Department is advised of judicial action involving the
information and/or determinations made under this article. If no appeal
follows the initial disqualification determination, then the records
shall remain with the Woodcliff Lake Police Department, where they
shall be sealed, dated, and destroyed one year after sealing, unless
the Woodcliff Lake Police Department is advised of judicial action
involving the information and/or determinations made under this article.
K.
Unless otherwise provided by law, use of criminal history record
information solely to the authorized person 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 subjected to criminal and/or civil penalties.
The records shall be exempt from public disclosure under common law
or N.J.S.A. 47:1A-1 et seq.
Failure to comply with this article may result in the Borough
withholding funding for the nonprofit youth-serving organization,
prohibiting the use of facilities, or withholding funding for facility
maintenance.
