For purposes of this chapter, the following terms shall have the meanings indicated:
CRIMINAL HISTORY BACKGROUND CHECK A review and determination as to whether a person has any prior criminal record according to a process approved by the Township and administered by a company specializing in the performance of such checks.
EMPLOYEE An individual 18 years of age or older who receives compensation from the Township to perform services for a Marlboro youth program and has unsupervised direct access to minors. This definition includes applicants for a position as an employee.
MARLBORO YOUTH PROGRAM Any program offering services for persons younger than 18 years of age, including but not limited to sports leagues, that are funded and/or administered, in whole or in part, by the Marlboro Recreation Commission.
QUALIFIED PARTICIPANT An employee or volunteer who has completed a criminal history background check revealing no disqualifying convictions.
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 A coach or assistant coach of a Marlboro youth program who does not receive compensation from the Township.
Any person who, through prior compliance with this chapter subsequent to its enactment, or who, by virtue of his or her occupation, was required by statute or otherwise to undergo a criminal history background check that is as comprehensive as the check required herein, as determined in the sole discretion of the Superintendent of the Recreation Commission, is exempt from the requirements of this chapter, unless three years have elapsed from the date of the most recent background check. The individual must provide proof of the date and results from the background check to the Superintendent of the Recreation Commission to be exempt from the requirements of this chapter.
Notwithstanding prior compliance with this chapter, no individual shall be permitted to continue as an employee or volunteer of a Marlboro youth program unless the latest criminal history background check on file with the Marlboro Recreation Commission was performed within the prior three-year period.
[Amended 10-19-2006 by Ord. No. 2006-34]
If, following the completion of the criminal history background check, a disqualifying conviction exists as set forth in this chapter, then the Superintendent of the Recreation Commission shall notify the employee or volunteer in writing via certified and regular mail of that person's disqualification to serve with the Marlboro youth program. 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 this chapter. The written notice shall also state that the individual shall have the right to dispute inaccurate or incomplete information contained in the criminal history background check.
[Admended 10-19-2006 by Ord. No. 2006-34]
Any current or prospective employee or volunteer shall have the right to dispute inaccurate or incomplete information contained in the criminal history background check, pursuant to a process approved by the Recreation Commission.
Information obtained as a result of the criminal history background check 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. The Recreation Commission shall adhere to all federal, state and local laws governing the confidentiality and/or access to criminal history record information.