[HISTORY: Adopted by the Mayor and Council
of the Township of Florence 2-1-2006 by Ord. No. 2006-6. 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
by cross-referencing that person's name and fingerprints 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.
Any youth programs not sponsored by the Township of Florence
but that utilize municipal facilities or have affiliation with a Township-sponsored
youth program and having contact with person under the age of 18 years.
Any programs sponsored by the Township of Florence, including
any and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Township of Florence and having
contact with persons under the age of 18 years.
Any programs that allow for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting activities, passive recreation groups, clubs
or camps and trips or other activities whereby some control and responsibility
for children is assigned to some person acting for or on behalf of
the Township other than a parent or caregiver.
[Amended 2-20-2008 by Ord. No. 2008-02]
A.
Prior to any club or organization not defined as a
Township-sponsored youth program being authorized to use Township-owned
facilities for functions participated in by children, all adults,
those persons 18 years of age or older, in any way assisting in the
function, including but not limited to coaches, assistant coaches,
or similar positions, must provide the Florence Township Recreation
Director with findings of a criminal background check obtained from
the State Bureau of Identification in the New Jersey State Police.
B.
The submission of background check findings must be
based upon a check performed within three years of the start of use
of the Township-owned 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 Township-owned facilities. In all
cases, the background check must comply with the provisions of any
applicable laws regarding same, but not less detailed than those performed
by the Township for individuals involved in administering Township-sponsored
youth programs. The cost of background checks for individuals not
administering a Township-sponsored program shall be borne by the individual
or program with which they are participating.
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, and
in any way assisting in a Florence Township-sponsored function participated
in by children, shall submit sufficient information on forms supplied
by the Florence Township Recreation Director from the New Jersey State
Police, for the purpose of obtaining a criminal history background
check with the State Bureau of Identification in the New Jersey State
Police. Applications for background checks shall be processed by the
Florence Township Recreation Director. Based upon the memorandum of
understanding executed between the Township of Florence and the New
Jersey State Police, the individual applying for the background check
shall authorize the Recreation Director to be the recipient of the
affirmative or negative response from the State Police based upon
the findings of the background check. Individuals involved in a Florence
Township-sponsored youth function, and who are required to undergo
background checks based upon this chapter, shall not be responsible
for the costs involved with obtaining the criminal background check.
The Township of Florence shall bear the costs for the background checks
for individuals qualified under this section.
B.
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 Township
of Florence and shall contain a certification as to the accuracy and
completeness of the roster and individuals 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.
[Amended 4-6-2016 by Ord.
No. 2016-06]
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Florence shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Coaches background check identification cards are
required to be displayed while in performance of their duty involving
youth programs as prescribed by this Code.
A.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Recreation Director shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Recreation Director is based upon § 65A-5B of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Director and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
B.
In the event the criminal background check reveals
any prior convictions for crimes or offenses which negatively impact
the health, safety and welfare of children, said person shall not
be qualified to participate in any official capacity in any function
for persons under the age of 18 years held at any Township-owned facilities.
Such offenses shall includes, but not be limited to:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
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 et seq. or N.J.S.A 2C:15-1 et seq.;
(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;
C.
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
be grounds to disqualify a person from assisting with youth-related
activities as indicated herein.
D.
Refusal by individuals required to submit to background
checks will result in an immediate dismissal of the individual from
any Township-sponsored activities requiring background checks. In
addition, refusal to comply with this chapter by any individual falling
within the scope of requirements for nonsponsored youth programs will
forfeit that individual's ability to participate with the respective
program. Refusal of a non-Township-sponsored youth program to subscribe
to the requirements of this chapter shall forfeit that program's ability
to use municipal facilities.
[Amended 2-20-2008 by Ord. No. 2008-02]
A.
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 Township-owned facility to the extent covered
by this chapter. Thereafter, every three years a new background check
shall be submitted to the Recreation Director.
B.
All Township-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Recreation Director
for background checks prior to the individual being able to participate
at any function sponsored by the Township of Florence. Thereafter,
every three years a new background check shall be submitted to the
Recreation Director. Final approval shall consist of the Township
of Florence receiving a letter of approval from the New Jersey State
Police. Approved individuals are required to display their Township-issued
coaches background check identification card while in performance
of their duty involving youth programs as prescribed by this Code.
[Amended 4-6-2016 by Ord.
No. 2016-06]
Any and all criminal background checks supplied
to the Recreation Director shall be filed and maintained in a secure
and locked cabinet or room and shall not be available to the public.
The Recreation Director 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 purpose.
Any person who violates any provision of this chapter shall be subject to the penalties as set forth in § 1-10 of the Florence Code.
