[HISTORY: Adopted by the Township Committee
of the Township of Shamong as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-2007 by Ord. No. 2007-006; amended in its entirety 11-8-2007 by Ord. No. 2007-011]
The purpose of this article is to provide for
the safety of children engaged in youth organizations by taking steps
to provide for the reasonable assurance that employees and volunteers
for youth organizations have been subject to a criminal history record
background check.
As used in this article, 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 adult individual of the age 18 years or older that is
employed as a coach, trainer, staff or the like for a youth organization.
Any adult individual of the age 18 years or older that volunteers
his or her time as a coach, leader, instructor or the like for a youth
organization. Any teacher, coach or volunteer in a school-based program
shall not be subject to these provisions, but shall abide by the school's
requirements with regard to background checks.
Any organized program with participants that are Shamong
residents under the age of 18 that are sponsored by the Township of
Shamong; receive Township funding for their programs and/or services;
or utilize municipal facilities including buildings and/or fields
of play on a regular or recurring basis. Youth programs shall specifically
include, but not be limited to, the Indian Mills Athletic Association
("IMAA"), Boy Scouts, Girl Scouts, Cub Scouts, and/or Brownies.
A.
Mandatory background check. All individuals seeking to be employed
by or volunteer for youth organizations shall be required to submit
to mandatory background checks, as defined above. This requirement
shall apply to new employees or volunteers as well as existing employees
or volunteers, and the requirement may not be waived by the youth
organizations or any other entity. This process shall be administered
by the Township Administrator or his or her designee which, in the
discretion of the Administrator, may be a Township employee or an
official or designated volunteer of the youth organization.
[Amended 9-4-2018 by Ord. No.
2018-8]
B.
Process. All employees or volunteers shall be required to submit to a background check which shall be conducted by the New Jersey State Police Department. If the employee or volunteer is found to be currently charged or previously convicted with any felony, or any misdemeanor involving fraud, misrepresentation, dishonesty, violence; or in any way involving a child; or involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except N.J.S.A. 2C:35-10(a)(4); or such act that the Township determines are grounds for disqualification, then that person shall be deemed to have failed the local background check and shall not be permitted to be employed by or volunteer in any way for a youth organization. If there is no such finding, then the employee or volunteer will be deemed to have passed the background check and shall be permitted to be employed by or volunteer for a youth organization.
C.
Appeal hearing. If an individual desiring to be an
employee or volunteer for a youth organization fails the background
check, the individual shall be notified of the failure in writing
via certified and regular mail, with the reasons for the rejection
stated therein. The individual shall further be advised in writing
of his or her right to a hearing before the Township Committee, which
hearing must be requested within 20 days of the receipt of the notice.
If a hearing is requested by the individual pursuant to this section,
the Committee shall first state the reasons for the denial on the
record, and the individual shall thereafter be permitted to state
his or her reasons as to why they should still be permitted to be
an employee or volunteer. The Committee shall thereafter render a
decision on the individual's appeal and may either permit the individual
to be an employee or volunteer or reject the individual's appeal.
The Committee's decision shall, within 10 days after the hearing,
be reduced to writing by the Township Clerk and mailed certified and
regular mail to the individual. A hearing under this section may be
conducted in executive session pursuant to the provisions of the Open
Public Meetings Act.
D.
Youth organization obligations.
(1)
All youth organization officers or leaders are required
to make all reasonable efforts to comply with the requirements of
this article. It is the responsibility of the youth organization to
coordinate with the New Jersey State Police and the Municipal Clerk
to ensure annual background checks are being administered in compliance
with this chapter. The youth organization, through a designated officer
or leader, shall file an annual roster of employees and volunteers
that are required to participate in the background check procedures
of this chapter. The youth organization shall sign the roster certifying
the accuracy and completeness of the roster and employees' and volunteers'
names.
(2)
The youth organization shall maintain records including
the names of all employees and volunteers and the date of their last
background check. These records shall be disclosed annually to the
Township Clerk to ensure that all employees and volunteers are current
with regard to the background check requirements.
(3)
In the event that the youth organization already has
a background check policy and procedure in place, the Township will
accept the results from the administration of that policy, provided
the policy and results are disclosed to the Township and the Township
is satisfied that the policy and procedures are sufficient to satisfy
the standards and purpose of this chapter.
A.
Written consent. Each person seeking to participate
in a youth organization as an employee or volunteer shall execute
a written consent in favor of both the youth organization and the
Township of Shamong, its agents, servants and employees, authorizing
said investigation, releasing the Township, and its agents, servants
and employees from any liability arising from same, and holding them
harmless. Failure to submit to said investigation will disqualify
any such person from serving in the youth organization.
B.
Interim status. When a person has submitted written
consent, they shall be provided interim status to engage in employment
or volunteering while awaiting the results of the background check,
provided the person certifies that they have no reason to believe
that they were found guilty of a crime that would result in their
disqualification from service as an employee or volunteer under the
terms of this chapter. Interim status shall be sufficient to be employed
or volunteer only until such time that the results of the background
check are obtained.
[Amended 2-7-2012 by Ord. No. 2012-02]
A background check administered under the provisions
of this chapter shall be valid for five years. At the expiration of
five years, the employee or volunteer must undergo a new background
check in order to continue to serve as an employee or volunteer.
A.
Limitation on access. Access to criminal history record
information for noncriminal justice purposes, including licensing
and employment, is restricted to authorized personnel of the Township
of Shamong and the applicable youth organization, on a need-to-know
basis, as authorized by federal or state statute, rule or regulation,
executive order, administrative code, local ordinance or resolution
regarding obtaining and dissemination of criminal history record information
obtained under this article.
B.
Limitation on use. The Township and the youth organizations
shall limit their use of criminal history record information solely
to the authorized purpose for which it was obtained, and criminal
history record information furnished shall not be disseminated to
persons or organizations not authorized to receive the records for
authorized purposes. Any persons violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties. The results shall not be subject
to public disclosure and shall be retained only for such period of
time as is necessary to serve their intended and authorized purpose.
Township officials with access to the criminal history record information
shall be limited to the following Committee, Solicitor, Administrator,
Clerk, Deputy Clerk, and any other official specifically authorized
by the Administrator, provided they are a confidential employee and
the Administrator determines their involvement is necessary or useful
in carrying out the terms and intentions of this chapter.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-15 governing General penalty provisions.
