[HISTORY: Adopted by the Township Council of the Township
of Burlington 11-22-2016 by Ord.
No. 2016-OR-029. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
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.
A committee comprised of the Director of Public Safety (or
his/her designee), the Director of Recreation (or his/her designee)
and the Chairperson of the Board of Recreation Commissioners (or his/her
designee).
Any facility owned, leased or used by the Township or under
the Township's control, including, without limitation, Township
offices, meeting rooms, parks and recreation fields, and when applicable,
any facility used for youth programs for which the Township pays usage
fees.
Any organized program with participants who are Township
residents under the age of 18 that are sponsored by the Township,
receive Township assistance for its programs and/or services, or with
the written permission of the Director of Recreation, utilize Township
facilities, including buildings and/or recreation fields, on a regular
or recurring basis.
Any organized youth program which is not sponsored by the
Township, but with the approval of the Director of Recreation is permitted
to utilize municipal facilities, or has affiliation with a Township-sponsored
youth program, and has contact with persons under the age of 18.
A corporation, association or other organization established
pursuant to New Jersey law, but excluding public and nonpublic schools,
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.
All employees and volunteers of a Township-sponsored, or non-Township-sponsored,
youth program shall be required to submit to a mandatory criminal
history record background check. The Director of Recreation shall
be responsible for developing procedures and forms for the purpose
of obtaining the criminal history record background check information.
The only persons who may request an exemption from this requirement
by providing documentation to the Director of Recreation with a copy
to the Director of Public Safety are teachers who are currently teaching
and have had a criminal history record background check; law enforcement
officers or federal agents who are authorized to carry a firearm;
or others who are similarly situated and can provide a criminal history
record background check. The determination as to whether the background
check information is sufficient shall be made by the Director of Recreation
in consultation with the Director of Public Safety.
The Township will bear the costs of a criminal history record
background check for employees and volunteers seeking to participate
in a Township-sponsored youth program.
An employee or volunteer who has had a positive criminal history
record background check shall be issued an identification card which
he or she is required to display while performing any activity on
behalf of, or involving, a youth program. An identification card shall
be effective for three years from the date of the positive criminal
history record background check.
In the event that the criminal history record background check
contains a conviction for any crime or offense which threatens the
health, safety or welfare of youths under the age of 18, said person
shall be disqualified from participating in any function for youth
under the age of 18 held at any Township-owned facilities or in any
Township-sponsored youth program or non-Township-sponsored youth program
under the auspices of a nonprofit youth-serving organization. Such
offenses shall include, but are not limited to:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 or N.J.S.A. 2C:15-1
et seq.;
(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.;
(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.
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 Subsection A above.
C.
The list of disqualifying crimes and offenses 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 programs.
D.
Nothing herein shall be construed to authorize an excluded sex offender,
as defined in N.J.S.A. 2C:7-22, to serve as an employee or volunteer
in a Township- or non-Township-sponsored youth program or youth-serving
organization or any other entity from which the excluded sex offender
is otherwise statutorily disqualified.
A.
Notification of disqualification. An individual who has a negative
criminal history record background check shall be notified by the
Director of Recreation of the basis for the disqualification, in writing,
via certified and regular mail. The individual shall further be advised
of the right to an appeal hearing before the Review Committee, which
hearing must be requested within 20 days of the receipt of the mailing
of the notice.
B.
Appeal.
(1)
If an appeal is requested, a hearing shall be conducted by the Review
Committee. The individual shall have the burden of providing reasons
as to why he or she should be permitted to be participate as a volunteer
or employee in a Township- or non-Township-sponsored youth sponsored
program. The Review Committee, in its sole discretion, shall within
10 days after the close of the hearing render a written decision.
The decision shall be mailed by the Director of Recreation by both
regular and certified mail to the address provided by the individual.
All proceedings and materials relating to a disqualification shall
be confidential.
(2)
Factors to be considered by the Review Committee when considering
an appeal may include, but are not limited to, whether the results
of the criminal history record background check were accurate; the
nature and responsibility of the position for which the individual
would hold or has held; the nature and seriousness of the crime or
offense; the circumstances under which the crime or offense occurred;
the date of the crime or offense; the age of the individual when the
crime or offense was committed; whether the crime or offense was an
isolated or repeated incident; any social conditions which may have
contributed to the crime or offense; any evidence of rehabilitation,
including good conduct in the community, counseling or psychiatric
treatment received, and the acquisition of additional academic or
vocational education and prior participation in youth organizations;
and a recommendation of any person who has had experience with the
individual.
A.
Limitation on access. To effectuate the purposes of assuring the
safety and well-being of children under the age of 18 participating
in Township- and non-Township sponsored youth programs, access to
criminal history record background check information is restricted
to authorized personnel of the Township, and the applicable nonprofit
youth serving organization, on a need-to-know basis, as authorized
by federal or state statute, rule or regulation, executive order,
administrative code, ordinance or resolution regarding obtaining and
dissemination of criminal history record background check information.
B.
Limitation on use. The Township, the Review Committee and each youth
organization shall limit their use of criminal history record background
check information solely to the authorized purpose for which it was
obtained, and the information shall not be disseminated to any unauthorized
person. Any person violating federal or state regulations governing
access to criminal history record information may be subject to criminal
and/or civil penalties.
The Director of Recreation shall safeguard all forms and criminal
history record background check and related information. The forms,
criminal history record background check, and related information
are exempt from public disclosure under the common law and New Jersey
Open Public Records Act.[1] These records shall only be retained for such period of
time as is necessary to serve their intended purpose and shall be
destroyed in accordance with Township practice and state law governing
the destruction of government records.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
