[Adopted 7-20-2009 by Ord. No. 1327-09]
As used in this article, 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 Federal Bureau of Investigation, Identification
Division, and/or the New Jersey State Bureau of Identification in
the Division of State Police.
MUNICIPAL-SPONSORED YOUTH PROGRAMS
Any program sponsored by the municipality of Middle Township,
including any municipal employees, volunteer organizations created
by the municipality and all leagues, boards, committees and commissions
affiliated with, falling within the purview or acting for or on behalf
of the municipality of Middle Township, and having contact with persons
under the age of 18 years.
NONSPONSORED YOUTH PROGRAM
Any youth program not sponsored by the municipality of Middle
Township, but that utilizes municipal facilities or has affiliation
with a municipal-sponsored youth program and having contact with persons
under the age of 18 years.
YOUTH PROGRAM
Any program that allows for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting or athletic activities, passive recreation
groups, clubs or camps and trips or other activities whereby some
control and responsibility for children is assigned to some person
acting for or on behalf of a municipal-sponsored youth program or
nonsponsored youth program, other than a parent or caregiver.
Criminal background checks are required for use of municipal
facilities.
A. Prior to any club or organization, not defined as a municipal-sponsored
youth program being authorized to use municipal-owned facilities for
functions participated in by children, all adults, those persons 18
years of age or older, in any way assisting in the function, including
but not limited to coaches, assistant coaches or similar positions,
must provide the municipal Chief of Police or designee, or other chief
law enforcement officer of the municipality, with findings of a criminal
history background check obtained from the State Bureau of Identification
in the New Jersey State Police.
B. The submission of background check findings must be based upon a
check performed within three years of the start of use of the municipal-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of municipal-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the municipality
for individuals involved in administering municipal-sponsored youth
programs. All fees for individuals not administering a non-municipal-sponsored
program shall be borne by the individual or program with which they
are participating.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the municipality of the Township of Middle shall
be issued identification cards with appropriate expirations based
upon the date of their individual background check. Individuals issued
identification cards are required to display their card while in performance
of their duty involving youth programs.
Any person whose criminal history background check disqualifies
that person from employment or from volunteering, may appeal his or
her disqualification.
A. Appeal regarding accuracy of record. A person may challenge the accuracy
of the criminal history record. A challenge to the accuracy of the
report shall be filed with the municipal Chief of Police or other
chief law enforcement officer, who shall coordinate the challenge
with the New Jersey State Police.
B. Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1) No person may appeal a disqualification on the grounds of rehabilitation
if convicted of a fourth-degree offense or higher, if the person has
been disqualified because that person has been convicted, adjudicated
delinquent or acquitted by reason of insanity of aggravated sexual
assault; sexual assault; aggravated criminal sexual contact; kidnapping
pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1; endangering
the welfare of a child by engaging in sexual conduct which would impair
or debauch the morals of the child pursuant to Subsection a of N.J.S.A.
2C:24-4; endangering the welfare of a child pursuant to Paragraph
(94) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant
to § 1 of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal
sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor;
kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant
to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not
the parent of the victim; knowingly promoting prostitution of a child
pursuant to Paragraph (3) or Paragraph (4) of Subsection b of N.J.S.A.
2C:34-1; or an attempt to commit any of these enumerated offenses.
(2) Appeal committee. An appeal based on rehabilitation shall be made
to an Appeals Committee, which shall consist of the Chief of Police,
Business Administrator and Municipal Attorney and Director of Recreation.
Any such appeal must be made within 30 days of receipt of the notice
of disqualification.
(3) Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Appeal Committee shall consider the
following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Any other evidence of rehabilitation, including good conduct
in prison or the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of those who have had the person under their supervision.
(4) If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the municipal Chief of Police or other chief law enforcement officer
of the municipality.
In the event that any portion of this article is found to be
invalid for any reason by any court of competent jurisdiction, such
judgment shall be limited in its effect only to that portion of the
article actually adjudged to be invalid, and the remaining portions
of this article shall be deemed severable therefrom and shall not
be affected.
Any ordinance provisions inconsistent with the provisions of
this article are repealed to the extent of such inconsistency.
This article shall take effect immediately upon the approval
and publication of notice of adoption as provided by law.