Township of Saddle Brook, NJ Chapter 64 Background Checks

[HISTORY: Adopted by the Township Council of the Township of Saddle Brook as indicated in article histories. Amendments noted where applicable.]

Article I Recreation Program Volunteers

[Adopted 3-13-2008 by Ord. No. 1437]

§ 64-1 Definitions.

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/or 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.

TOWNSHIP-SPONSORED RECREATION PROGRAMS

Any programs sponsored by the Township of Saddle Brook Recreation Department, more specifically, recreation coaches, having contact with persons under the age of 18 years.

§ 64-2 Background checks required for Township-sponsored recreation program positions.

A. All adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, or similar positions involved in a Saddle Brook Township recreation program participated in by children, shall submit sufficient information on forms supplied by the Saddle Brook Township Recreation Director for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police and the Identification Division of the Federal Bureau of Investigation. Based upon the memorandum of understanding executed between the Township of Saddle Brook and the New Jersey State Police, the individual applying for the background check shall authorize the Saddle Brook Police Chief or his designee to be the recipient of the affirmative or negative response from the State Police based upon the findings of the background check. Individuals who are required to undergo background checks based upon this chapter shall not be responsible for the costs involved with obtaining the criminal background check. The Township of Saddle Brook 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 article. The roster shall be on forms supplied by the Township of Saddle Brook 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.

§ 64-3 Qualification.

Individuals engaged in providing recreation opportunities for, or on behalf of, the Township of Saddle Brook 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.

§ 64-4 Disqualification.

A. Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Police Chief or his designee shall notify the Saddle Brook Township Recreation Director of the affirmative or negative results based upon § 64-4B of this chapter. Details in the background check that result in a negative determination by the New Jersey State Police are not afforded to the Recreation Director and are only available to the applicant upon making a formal request to the New Jersey State Police.

B. In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Township-owned facilities. Such offenses shall include, but not be limited to:

(1) In New Jersey, any crime or disorderly persons offense:

(a) Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.

(b) Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.

(c) Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.[1]

[1] Editor's Note: See N.J.S.A. 2C:20-1 et seq.

(d) Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,[2] except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.

[2] Editor's Note: See N.J.S.A. 2C:35-1 et seq.

(2) In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection B(1) of this section.

C. The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.

D. Refusal by individuals required to submit to background checks will result in an immediate dismissal of the individual from any Township-sponsored activities requiring background checks.

§ 64-5 Frequency of background checks.

A. All Township-sponsored recreation programs that have individuals subject to this chapter shall direct those individuals to the Saddle Brook Recreation Director or designee for background checks prior to the individual being able to participate at any function sponsored by the Township of Saddle Brook. Thereafter, every two years a new background check shall be submitted to the Police Chief or his designee.

B. Individuals involved in Township-sponsored recreation programs who are required to undergo background checks shall be given an interim approval for participation only after submission to the Division of State Police for a background check. Interim approvals shall only be valid for the period of time that it takes to receive background checks results. Such interim approval shall not be valid for a period of time exceeding 45 days. Only one interim approval may be granted per individual.

§ 64-6 Privacy.

Any and all criminal background checks supplied to the Police Chief or his designee shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The Police Chief or his designee shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under the common law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose.

[1] Editor's Note: See N.J.S.A. 47:1A-1 et seq.

§ 64-7 Violations and penalties.

Any person who violates any provision of this chapter, or any rule or regulation promulgated pursuant hereto, shall, upon conviction, be subject to a fine not exceeding $1,000 or to a jail term in the county jail not exceeding 90 days or to a period of community service not exceeding 90 days, or any combination thereof.