For purposes of this chapter, the following
terms shall have the meanings indicated:
COSPONSORED PROGRAM
Any program, including but not limited to nonprofit youth
serving organizations as defined below, which receives benefits, either
directly or indirectly, including, but not limited to, the provision
of funding and/or the provision of fields, facilities, and/or equipment
(and including the maintenance of same), from the Township of Manalapan
and/or any agent of the Township of Manalapan.
CRIMINAL HISTORY BACKGROUND CHECK
A review and determination as to whether a person has any
prior criminal record by cross-referencing that person's name and
fingerprints with those on file with the Federal Bureau of Investigation,
Identification Division, the State Bureau of Identification in the
Division of State Police, the Manalapan Township Police Department,
and/or any division/agency of the referenced entities.
EMPLOYEE
An individual 18 years of age or older who receives compensation
from the Township, from a private entity, or from a nonprofit entity,
monetary or otherwise, which compensation results from his or her
involvement with or employment by a nonprofit youth service organization
or Manalapan youth program as defined below.
MANALAPAN YOUTH PROGRAM
Any program offering recreational, cultural, charitable,
social and/or other activities or services for persons younger than
18 years of age, including but not limited to sports leagues, which
are funded and/or administered, and/or assisted in whole or in part,
by the Township of Manalapan.
NONPROFIT YOUTH SERVING ORGANIZATION
An organization defined in N.J.S.A. 15A:3A-1 as a corporation,
association or other organization established pursuant to Title 15
of the Revised Statutes, Title 15A of New Jersey Statutes, or other
law of this state, but excluding public and nonpublic schools, and
which provides recreational, cultural, charitable, social or other
activities or services for persons younger than 18 years of age and
which is exempt from federal income taxes.
QUALIFIED PARTICIPANT
An employee or volunteer who has completed a criminal history
background check revealing no disqualifying convictions.
REVIEW COMMITTEE
A committee consisting of the Township Administrator, the
Township Attorney, the Superintendent of Manalapan Township Parks
and Recreation Department, and the Police Chief. It shall be charged
with the review of all appeals filed by any employee or volunteer
who is disqualified from service in a program resulting from a criminal
history background check.
UNSUPERVISED DIRECT ACCESS TO MINORS
The ability to have interaction with a person or persons
who are younger than 18 years of age without the constant observation
of the parent(s) or guardian(s) of the youth(s) or without the constant
observation of a representative of law enforcement or a supervising
qualified participant.
VOLUNTEER
Any individual 18 years of age or older who does not receive
compensation from the Township, from a private entity, or from a nonprofit
entity, monetary or otherwise, resulting from his or her involvement
with or employment by a nonprofit youth service organization or Manalapan
youth program, but who still involves himself or herself with such
program and provides his or her services without such compensation.
The nonprofit youth serving organization or
Manalapan youth program shall appoint an individual to the position
of CHBC Coordinator, as applicable, who shall be required to monitor
compliance with the requirements of this chapter, as it relates to
the submission of its employees and volunteers to a criminal history
background check. The nonprofit youth serving organization or Manalapan
youth program, as applicable, shall not permit any of its employees
or volunteers to have unsupervised direct access to minors until such
employees and/or volunteers have first been cleared by the Manalapan
Police Chief or Review Committee, as applicable. Failure to comply
with this chapter may result in the Township of Manalapan withholding
funding, land, equipment, and/or other services for the nonprofit
youth serving organization or Manalapan youth program, or any of the
associated activities. Additionally, in the event of a violation of
the within chapter, the Township of Manalapan reserves the right,
but not the obligation, to pursue any remedy (at law or in equity)
against the affected nonprofit youth service organization or Manalapan
youth program. A violation of this chapter by any nonprofit youth
serving organization leasing land from the Township (and/or any agency
thereof) shall also be deemed a breach of the subject lease by the
affected organization.