As used in this chapter, the following terms
shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
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 local police department, the Federal Bureau of Investigation,
Identification Division, and the New Jersey State Bureau of Identification
in the Division of State Police.
NONSPONSORED YOUTH PROGRAMS
Any youth programs not sponsored by the Township of Pemberton
but which utilize municipal facilities or facilities owned or maintained
by the Pemberton Township School District and which utilize the services
of employees or volunteers having contact with persons under the age
of 18 years.
QUALIFIED PARTICIPANT
An employee or volunteer who has completed a criminal history
background check within the past three years that has revealed no
disqualifying convictions and who has not been convicted of a disqualifying
offense since the criminal history background check.
REVIEW COMMITTEE
A three-member committee consisting of the Mayor, the Chief
of Police, and a designated member of the affected organization. The
Committee shall be charged with the review of all appeals by any employee
or volunteer whose criminal history background check reveals a disqualifying
criminal conviction.
SPONSORED
Any youth program in Pemberton Township which receives funding,
in whole or part, from the Township.
SUPERVISORY INDIVIDUALS
Any person, including adults and adolescents under the age
of 18, whether volunteers or employees of the Township, who are full-time,
part-time, seasonal or volunteer workers and have authority in some
capacity over 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 qualified participant.
TOWNSHIP-SPONSORED YOUTH PROGRAMS
Any youth programs sponsored by the Township of Pemberton,
including but not limited to any and all leagues, boards and commissions
falling within the purview of or acting for or on behalf of the Township
of Pemberton and having contact with persons under the age of 18 years.
YOUTH PROGRAMS
Any programs that allow for the 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 camp trips or other activities whereby some control and responsibility
for children under the age of 18 is assigned to some person other
than a parent or caregiver.
Criminal background checks required for use
of Pemberton Township facilities.
A. Procedure.
(1) Prior to any club or organization, defined as a nonsponsored
youth program, being authorized to use Township or Pemberton Township
School District owned or maintained facilities, such club or organization
must provide the Pemberton Township Police Chief with the findings
of a criminal background check obtained from the Federal Bureau of
Investigation, Identification Division, and the State Bureau of Identification
in the New Jersey State Police.
(2) Based upon the memorandum of understanding executed
between the Township of Pemberton and the Federal Bureau of Investigation,
Identification Division, and the New Jersey State Police, the individual
applying for the background check shall authorize the Chief of Police
to be the recipient of the affirmation or negative response from the
Federal Bureau of Investigation, Identification Division, and the
State Police based upon the findings of the background check.
(3) The submission of background check findings must be
based upon a background check within three years of the start of use
of the facility. In the case of coaches performing duties as employees
of a school district, the policy of the background checks adopted
by the individual school district shall be used to establish eligibility
for the use of Township-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same but shall not be less detailed than those performed by the Township
for individuals involved in administrating Township-sponsored youth
programs. The Township of Pemberton 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
who are required to participate in the background check procedures
of this chapter. The roster shall be on forms supplied by the Township
Director of Recreation and shall contain a certification as to the
accuracy and completeness of the roster and individual 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.
Any person who violates any provision of this
ordinance shall be subject to the penalties as set forth in the Pemberton
Township Code and federal and state law.
This ordinance shall take effect immediately
upon the approval and implementation by the Mayor as provided by law.
Any ordinance provisions inconsistent with the
provisions of this ordinance are repealed to the extent of such inconsistency.
If the provisions of any section, subsection,
paragraph, subdivision, or clause of this ordinance shall be judged
invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision, or clause.