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.