Borough of Franklin, NJ Chapter 106 Criminal Background Checks

[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin 11-27-2012 by Ord. No. 8-2012.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Parks and Recreation — See Ch. 196.

[1] Editor's Note: This ordinance also repealed former Ch. 106, Criminal Background Checks, adopted 5-9-2000 by Ord. No. 4-2000, as amended in its entirety 5-11-2010 by Ord. No. 4-2010.

§ 106-1 Borough-sponsored youth programs.

A. All adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth in a Borough-sponsored youth program shall have a criminal history background check as set forth in N.J.S.A. 15A:3A-2 et seq.

B. Individuals that are required to have criminal background checks conducted pursuant to this chapter shall bear any and all costs involved in conducting said background checks.

C. Refusal by individuals required to submit to background checks will result in a dismissal of the individual from any Borough-sponsored youth programs requiring background checks.

§ 106-2 Disqualification.

A. A person shall not be qualified to participate in any Borough-sponsored youth programs in the event a criminal background check reveals any prior convictions for crimes or offenses set forth in N.J.S.A. 15A:3A-3 or which negatively impact the health, safety and welfare of children including the following:

(1) Providing alcoholic beverages or controlled dangerous substances to minors.

(2) Sexual offenses, including but not limited to child pornography, pursuant to N.J.S.A. 2C:24-1 et seq.

(3) Employing a child to commit a crime, pursuant to N.J.S.A. 2C:24-9.

(4) Endangering the welfare of a child, pursuant to N.J.S.A. 2C:24-4.

(5) Selling firearms or other weapons to minors, pursuant to N.J.S.A. 2C:39-9.1 et seq.

(6) Luring a child pursuant to N.J.S.A. 2C:13-6.

(7) Lewdness and obscenity towards children, pursuant to N.J.S.A. 2C:24-4, as well as lewdness, pursuant to N.J.S.A. 2C:14-4.

B. The list of crimes and violations 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 constitute grounds to disqualify a person from participating in Borough-sponsored youth programs.

C. Disorderly persons' convictions that occurred more than 10 years prior to the date of the criminal background search shall not serve to disqualify the individual involved, provided there has been no subsequent convictions and provided that the original violations did not involve children or minors.

§ 106-3 Borough governing body to determine eligibility.

Upon receipt of a completed background check, the governing body of the Borough shall determine whether or not an individual's prior criminal history shall prevent him or her from participating in Borough-sponsored youth programs. In making such determination, the governing body shall consider whether there has been a prior conviction for crimes or offenses set forth in N.J.S.A. 15A:3A-3 and this chapter.

§ 106-4 Frequency of background checks.

Background checks are renewed no less than once every four years.

§ 106-5 Privacy.

Any and all criminal background checks shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The records shall only be retained for such period as is necessary to serve their intended and authorized purpose and in conformance with State of New Jersey Division Retention Schedule.