[HISTORY: Adopted by the Township Council
of the Township of Medford 12-9-2008 by Ord. No. 2008-33. Amendments noted
where applicable.]
[Amended 5-12-2009 by Ord. No. 2009-7]
A.
The purpose
of this chapter is to provide for the safety of children engaged in
activities sponsored by youth organizations by taking steps to provide
for the reasonable assurance that volunteers for youth organizations
and Non-volunteers working with youth organizations have been subject
to a criminal history record background check.
B.
The focus
of this chapter is to require volunteers and nonvolunteers for youth
organizations to obtain their background checks. As such, a youth
organization and an individual administering a youth organization's
compliance with this chapter will not be cited for failing to meet
the requirements of this chapter unless the failure was a result of
gross negligence or willful misconduct.
As used in this chapter, 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 of 18 years or older who
is employed by or compensated for his or her work in association with
a youth organization as a trainer.
[Amended 5-12-2009 by Ord. No. 2009-7]
A committee comprised of the Director of Public Safety (or
his/her designee), the Director of Recreation (or his/her designee)
and one Township resident appointed to the Review Committee by Township
Council.
Any adult individual of the age of 18 years or older who
volunteers his or her time and acts as a coach, leader, instructor,
trainer or the like for a youth organization.
[Amended 5-12-2009 by Ord. No. 2009-7]
A.
Mandatory
background check. All individuals seeking to volunteer for or serve
as a nonvolunteer for youth organizations shall be required to submit
to a mandatory background check. This requirement shall apply to new
volunteers and nonvolunteers as well as existing volunteers and nonvolunteers,
and the requirement may not be waived by the youth organizations or
any other entity. Certified teachers who are currently teaching, law
enforcement officers, or federal agents who are authorized to carry
a firearm, or others who already obtain a similar background check
may gain exemption by providing a copy of their employer-processed
background check to the youth organization and the Director of Recreation.
Determination as to whether the background check information provided
is sufficient to meet the standards and intent of this chapter shall
be made by the Director of Public Safety or his designee.
B.
Process. All volunteers and nonvolunteers shall be required to submit to a background check, which shall be conducted by the New Jersey State Police Department. The results of the background check will be submitted to the Review Committee, and the Review Committee shall maintain the results as confidential. If the background check reveals that the volunteer or nonvolunteer is currently charged with or has been previously convicted of homicide, assault, endangering, threats, kidnapping, sexual offenses, robbery, theft, offenses against the family, children and incompetents, or possession, use, and/or distribution of a controlled dangerous substance as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10, or such act that the Review Committee determines are grounds for disqualification, then the volunteer or nonvolunteer shall be deemed to have failed the background check and shall not be permitted to be a volunteer or nonvolunteer in any way for a youth organization.
C.
Notification
of failed background check. If an individual desiring to be a volunteer
for or a nonvolunteer associated with a youth organization fails the
background check, the individual shall be notified of the failure
in writing via certified and regular mail by the Review Committee.
The individual shall further be advised in writing of his or her right
to an appeal hearing before the Review Committee, which hearing must
be requested within 20 days of the receipt of the notice.
D.
Appeal hearing.
If an appeal hearing is requested by the individual pursuant to this
section, at the hearing, the Review 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 he or she should
still be permitted to be a volunteer or nonvolunteer. The Review Committee
shall thereafter render a decision on the individual's appeal by majority
vote and may either permit the individual to be a volunteer or nonvolunteer
or reject the individual's appeal. The appeal may be granted or denied
in the sole discretion of the Review Committee. The hearing may be
conducted in executive session pursuant to the provisions of the Open
Public Meetings Act.[1]
(1)
The factors to be considered by the Review Committee
when considering and deciding an appeal include, but are not limited
to:
(a)
Whether the results of the background check
were accurate;
(b)
The nature and responsibility of the position
for which the individual would hold or has held;
(c)
The nature and seriousness of the crime or offense;
(d)
The circumstances under which the crime or offense
occurred;
(e)
The date of the crime or offense;
(f)
The age of the individual when the crime or
offense was committed;
(g)
Whether the crime or offense was an isolated
or repeated incident;
(h)
Any social conditions which may have contributed
to the crime or offense;
(i)
Any evidence of rehabilitation, including good
conduct in the community, counseling or psychiatric treatment received,
and the acquisition of additional academic or vocational education
and prior participation in youth organizations; and
(j)
The recommendation of those who have had experience
with the individual.
(2)
Within 10 days after the hearing, the Review Committee's
decision shall be reduced to writing by the Review Committee and mailed
by certified and regular mail to the individual.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
E.
Youth organization obligations.
(1)
The youth organization, through a designated officer
or leader, shall use its best efforts to compile an annual roster
of volunteers and nonvolunteers who are required to participate in
the background check procedures of this chapter. The youth organization
shall sign the roster certifying to the best of the knowledge of the
certifying officer or leader of the youth organization the accuracy
and completeness of the roster and volunteers' and nonvolunteers'
names. The youth organization shall maintain records including the
names of all known volunteers and nonvolunteers and the date of their
last background check. These records shall be disclosed upon request
to the Director of Recreation to help ensure that all volunteers and
nonvolunteers are current with regard to the background check requirements.
(2)
Identification cards shall be issued to all volunteers and nonvolunteers who have submitted to and passed a background check, and the identification cards must be in the possession of the volunteer or nonvolunteer whenever he or she is participating in any youth organization activities. If an identification card is issued to a volunteer or nonvolunteer who is allowed to participate under the interim status provision of § 58-4B and that volunteer or nonvolunteer later is deemed to have failed the background check, the youth organization shall immediately revoke and make reasonable efforts to confiscate the volunteer or nonvolunteer's identification card.
(3)
In the event that any youth organization already has
a background check policy and procedure in place, the Township may
accept the results from the administration of that policy, provided
the policy and results are disclosed to the Review Committee and the
Review Committee is satisfied that the policy and procedures are sufficient
to satisfy the standards and purpose of this chapter.
F.
De minimis
exception. In order to avoid excessive administrative time and expense
associated with irregular or de minimis use of Township fields or
facilities by a youth organization, a volunteer or nonvolunteer who
uses Township fields or facilities three times or less per calendar
year does not need to undergo the background checks process set forth
in this chapter.
[Amended 5-12-2009 by Ord. No. 2009-7]
A.
Written
consent. Each person seeking to participate in a youth organization
as a volunteer or nonvolunteer shall execute a written consent in
favor of both the youth organization and the Township of Medford,
and their respective agents, servants and employees, authorizing said
investigation, releasing the youth organization and the Township,
and their respective agents, servants and employees, from any liability
arising from same, and holding them harmless, on forms to be provided
by the Township. 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, he or she shall
have interim status to act as a coach, leader, instructor, trainer
or the like for a youth organization while awaiting the results of
the background check, provided that the person certifies that he or
she has no reason to believe that he or she was found guilty of a
crime that would result in his or her disqualification from service
as a volunteer of nonvolunteer under the terms of this chapter. Interim
status shall be sufficient to act as a coach, leader, instructor,
trainer or the like for a youth organization only until such time
that the results of the background check are obtained.
A background check administered under the provisions
of this chapter shall be valid for three years. At the expiration
of three years, the volunteer must undergo a name check, but will
not need to submit to subsequent fingerprinting in order to continue
to serve as a 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 Medford, 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 chapter.
B.
Limitation on use. The Township, the Review Committee
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. 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 of background checks
shall not be subject to public disclosure and shall be retained only
for a period of three years.
C.
Township officials with access to the criminal history
record information shall be limited to the following: Solicitor, Clerk,
Deputy Clerk, the Review Committee and any other official specifically
authorized by the Township Manager, provided he or she is a confidential
employee and the Township Manager determines his or her 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 chapter shall, upon conviction thereof, be punishable as provided under § 1-16 governing general penalty provisions.
In order to allow youth organizations to implement
the administration necessary to comply with this chapter, this chapter
shall become effective on September 1, 2009.
