[HISTORY: Adopted by the Township Committee
of the Township of Manalapan 10-19-2005 by Ord. No. 2005-35; amended in its entirety 2-27-2008 by Ord. No.
2008-02. Subsequent amendments noted where applicable.]
For purposes of this chapter, the following
terms shall have the meanings indicated:
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.
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.
The person designated by a nonprofit youth servicing organization
or Manalapan youth program to be the contact person for CHBC matters.
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.
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.
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.
An employee or volunteer who has completed a criminal history
background check revealing no disqualifying convictions.
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.
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.
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.
A.Â
The Township requires that all nonprofit youth serving
organizations involved in cosponsored programs or Manalapan youth
programs, request through the Superintendent of the Manalapan Township
Parks and Recreation Department that the State Bureau of Identification
in the Division of State Police (or other appropriate policing/investigating
agency) conduct a criminal history background check on each prospective
and current employee and/or volunteer of the organization who will
have unsupervised direct access to minors.
B.Â
No prospective employee or volunteer who will have unsupervised direct access to minors will be permitted to commence service prior to the completion of the criminal history background check process, except as set forth in Subsection C below.
C.Â
Unless good cause exists as reasonably determined
by the Chief of Police, a prospective employee or volunteer who has
requested the necessary criminal history background check through
the Superintendent of the Manalapan Township Parks and Recreation
Department and who has been fingerprinted may commence services under
the direct supervision of a qualified participant pending the results
of the criminal history background check.
D.Â
An employee or volunteer required by this chapter
to undergo a criminal history background check who refuses to consent
to this procedure shall not participate in any nonprofit youth serving
organization or Manalapan youth program.
E.Â
The costs associated with the fingerprinting process
shall be paid directly by the employee or volunteer. Reinbursement,
if any, for the affected employee or volunteer shall be determined
by the policy of the affected nonprofit youth serving organization
or Manalapan youth program. All such costs shall be as set forth in
N.J.S.A. 15A:3A-2d, which requires the Attorney General to determine
the actual costs for the procedure.
F.Â
The Superintendent of the Manalapan Township Parks
and Recreation Department shall set forth policies and procedures
to implement the within chapter, which policies and procedures shall
not be inconsistent with the terms of the within chapter.
A.Â
Any nonprofit youth serving organization or Manalapan
youth program seeking to employ or engage an employee or volunteer
required to undergo a criminal history background check pursuant to
the within chapter shall appoint a CHBC Coordinator prior to the commencement
of each season. The CHBC Coordinator shall submit a list of such employees
and volunteers currently serving the organization and a list of all
prospective employees and volunteers to the Superintendent of the
Manalapan Township Parks and Recreation Department.
B.Â
All employees and volunteers included on the aforementioned
lists shall submit their name, address, date of birth, written consent
and any other data deemed necessary by the Manalapan Police Chief
to the Superintendent of the Manalapan Township Parks and Recreation
Department. Fingerprints will be taken by a company designated by
the New Jersey State Police, or agency/division thereof, subsequent
to submission of the aforementioned information. The Manalapan Police
Chief or his/her designee shall coordinate the criminal history background
check.
C.Â
The Manalapan Police Chief is hereby authorized to
exchange fingerprints and all other pertinent record information submitted
by the employee or volunteer with, and to receive criminal history
record information from, the Federal Bureau of Investigation, Identification
Section, the Division of State Police, Bureau of Identification, and
such other law enforcement agencies and jurisdictions as may be necessary
for the purposes of the within section.
D.Â
The Superintendent of the Manalapan Township Parks
and Recreation Department shall act as a clearinghouse for the collection
and dissemination of nonconfidential information obtained as a result
of conducting criminal history background checks pursuant to the within
section, while the Manalapan Police Chief will maintain all confidential
information.
A.Â
Notwithstanding prior compliance with the within chapter,
no individual shall be permitted to continue as an employee or volunteer
in any capacity where the individual may have unsupervised direct
access to minors unless the latest criminal history background check
on file with the Manalapan Township Parks and Recreation Department
was performed within the prior four-year period.
B.Â
The Manalapan Township Parks and Recreation Department
shall issue a photo ID card to all volunteers/employees who successfully
complete the CHBC process. The volunteer/employee is required to visibly
display his or her photo ID card at all games, practices, and other
official events.
A.Â
A person shall be disqualified from serving as an
employee or volunteer in any capacity where the individual may have
unsupervised direct access to minors if that person's criminal history
background check reveals a record of conviction of any crime or disorderly
offense:
(1)Â
Involving danger to the person, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq.
(criminal homicide); N.J.S.A. 2C:12-1 et seq. (assault; reckless endangering;
threats); N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses);
N.J.S.A. 2C 14-1 et seq. (sexual offenses); or N.J.S.A. 2C:15-1 et
seq. (robbery); or
(2)Â
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.; or
(3)Â
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes; or
(4)Â
Involving any controlled dangerous substance or controlled
substance analog as set forth in Chapter 35 of Title 2C of the New
Jersey Statutes, except for N.J.S.A. 2C:35-10a(4) (minimal amounts
of marijuana or hashish).
(5)Â
In any other state or jurisdiction, conduct which,
if committed in New Jersey, would constitute any of the crimes or
disorderly person's offenses described herein.
B.Â
In the event a charge is pending against a person,
that person shall be temporarily disqualified from service pending
the resolution of that charge. If such charge(s) results in a conviction
of a crime or disorderly person's offense described herein which would
disqualify the person from service, such person shall be deemed disqualified
as of the date of conviction.
C.Â
If a pending charge is for an offense which would
serve to disqualify the person from service upon conviction, the person
shall report the pending charge on the earliest of his/her submission
to the criminal history background check or the date he/she learns
of the charge. The individual shall also report the disposition of
the charge immediately upon receiving notice of the said disposition.
D.Â
In the event the State Police report (or any other
police/investigative report) indicates there may have been an offense
by the potential employee or volunteer which the State Police have
been unable to confirm or for which they are unable to obtain records,
the potential employee or volunteer shall not be disqualified immediately
but will be permitted to appear before the Review Committee to present
evidence regarding the alleged offense and/or affected employee or
volunteer. In the event sufficient information is presented, the Review
Committee shall review the matter in accordance with the hearing process
set forth below.
A.Â
If, following the completion of the criminal history background check and receipt of the results from the New Jersey State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation (and/or any other policing report), a disqualifying conviction exists as set forth in this chapter, then the Manalapan Police Chief or his/her designee shall notify the employee or volunteer in writing, via certified and regular mail, of that person's disqualification to serve with the specified organization in any capacity where that person may have unsupervised direct access to minors. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the employee or volunteer is disqualified pursuant to the within section. The written notice shall also state that the individual may appeal the determination by filing a written notice of appeal in accordance with the requirements of § 93-7 below. A copy of the said notice shall in all circumstances, including nonprofit youth serving organizations, be sent to the Superintendent of the Manalapan Township Parks and Recreation Department.
B.Â
The Manalapan Police Chief shall be authorized to
conduct any additional investigation which in his/her discretion he/she
deems appropriate to obtain accurate information.
A.Â
Grounds for appeal. Any current or prospective employee
or volunteer who is disqualified in accordance with this chapter may
appeal that determination for good cause shown. Good cause shall include,
but is not limited to, the following:
(1)Â
The background check produced inaccurate or incomplete
information;
(2)Â
The age of the individual at the time of the offense
or crime or conviction;
(3)Â
The nature and circumstances underlying the conviction
indicate that the individual does not presently pose a threat;
(4)Â
The conviction arose out of an isolated incident;
(5)Â
The conviction(s) and underlying incident(s) are not
relevant to the position sought;
(6)Â
Since the conviction, the individual has taken significant
steps towards rehabilitation, including but not limited to counseling,
treatment, schooling, vocational training, and successful completion
of a court-ordered program; and
(7)Â
An individual with supervisory responsibilities over
the appealing party gives a recommendation on his or her behalf.
B.Â
Notice of appeal. Any current or prospective employee
or volunteer may file an appeal from an initial determination under
the within chapter by filing a written notice of appeal with the Superintendent
of the Manalapan Township Parks and Recreation Department within 10
days of his or her receipt of the written notice of disqualification
from the Manalapan Police Chief (or his/her designee).
C.Â
Notice of hearing. Within 10 days of the filing of
a written notice of appeal, the Review Committee shall send a written
notice to the applicant via certified and regular mail providing a
hearing date no later than 20 days from the filing of the notice of
appeal. The Review Committee's letter shall inform the individual
that he or she has the right to be represented by counsel and that
he or she may call witnesses and present documentation on his or her
behalf. The letter shall further explain that the individual shall,
on or prior to the date of the hearing, provide the Review Committee
with all documentation, including but not limited to police reports
and court dispositions, relating to the subject conviction(s). The
letter shall further state that the Review Committee's decision may
be rendered faster following the hearing if the individual provides
said documentation prior to the hearing date.
D.Â
Hearing. The hearing before the Review Committee shall
be closed to the general public. It shall be attended only by the
members of the Review Committee, the appealing individual, his or
her attorney if so retained, and any witnesses who desire to speak
on behalf of the appealing individual, which witnesses will be present
only for the period of their own testimony. During the course of the
hearing, the appealing individual shall be given the opportunity to
read a prepared statement, to speak freely, and/or to present witnesses
and/or documentation on his or her behalf.
E.Â
Determination. Immediately following the hearing,
or at a time no later than 10 days following the hearing, the Review
Committee shall meet to discuss the appeal. Factors including but
not limited to the following shall be considered as appropriate:
(1)Â
The age of the individual at the time of the offense
and conviction.
(2)Â
The nature and seriousness of the offense.
(3)Â
The harm to individuals and/or society arising out
of the incident(s) underlying the conviction(s).
(4)Â
The date of the conviction.
(5)Â
Whether the individual demonstrates that he or she
has been rehabilitated.
(6)Â
The input of others with supervisory roles over the
appealing individual.
(7)Â
The candor of the appealing individual.
(8)Â
Whether the offense was an isolated incident or part
of a pattern of behavior.
(9)Â
Whether the individual is suited for unsupervised
direct access to minors.
A.Â
In the event an individual is notified of his or her disqualification and does not appeal in accordance with the requirements of § 93-7 the Superintendent of the Manalapan Township Parks and Recreation Department shall send a copy of the notification of disqualification via regular mail, with a courtesy copy sent via regular mail to the CHBC Coordinator of the nonprofit youth serving organization or Manalapan youth program in which the employee or volunteer serves or wishes to serve, of that person's disqualification to serve with that organization in any capacity where that person may have unsupervised direct access to minors.
B.Â
In the event of a duly filed appeal in accordance with § 93-7 which results in a reversal of the determination, no further notice will be sent to anyone other than the appealing individual.
C.Â
In the event the appeal does not result in a reversal,
then, within 10 days of the decision by the Review Committee, the
Superintendent of the Manalapan Township Parks and Recreation Department,
or his/her designee, shall notify the appealing individual of the
decision, via regular mail. Notice of the disqualification shall also
be provided, via regular mail, to the CHBC Coordinator of the nonprofit
youth serving organization or Manalapan youth program in which the
employee or volunteer serves or wishes to serve.
A.Â
The Manalapan Police Chief and other police personnel
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 chapter.
B.Â
Should an appeal follow, the Manalapan Police Chief is authorized to provide the results of the search to the Review Committee. The Review Committee shall limit its use of the information to the appeal process pursuant to § 93-7. Following the appeal process, the subject records shall be returned to the Manalapan Township Police Department, where they shall be sealed, dated, and destroyed one year after sealing, unless the Manalapan Township Police Department is advised of judicial action involving the information and/or determinations made under this chapter. If no appeal follows the initial disqualification determination, then the records shall remain with the Manalapan Township Police Department, where they shall be sealed, dated, and destroyed one year after sealing, unless the Manalapan Township Police Department is advised of judicial action involving the information and/or determinations made under this chapter.
C.Â
Unless the law provides otherwise, information obtained
as a result of the record search shall not be disseminated to any
other individual or entity in any form, except as necessary for litigation
resulting from the determinations made pursuant to this chapter. Any
person violating federal or state regulations governing the access
to criminal history record information may be subject to criminal
and/or civil penalties.
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.
