[Added 2-11-2009 by Ord. No. 2009-001]
As used in this article, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record
by cross-referencing that person's individual data with those on file
with the Federal Bureau of Investigation, Identification Division,
and the State Bureau of Identification of the Division of State Police.
All full-time, part-time and seasonal employees of the West
Milford Township Recreation.
Recreation programs run directly and jointly by the Township,
including oversight, control and/or fiscal contribution.
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
A person who has direct, nonsupervised and ongoing interaction
in the course of his/her service with minors. This includes, but is
not limited to, a coach, assistant coach and manager of a team.
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches as specified in this article.
Any corporation, association or other organization which
provides recreational, cultural, charitable and social activities
for persons younger than 18 years of age.
[Amended 11-6-2019 by Ord. No. 2019-019; 4-21-2021 by Ord. No. 2021-018]
A.
The Township of West Milford requires that all employees and volunteers
of youth-serving organizations involved in sponsored programs and/or
utilizing the Township's recreational facilities request through the
West Milford Township Department of Community Services and Recreation
that a criminal history background check on each prospective and current
coach of nonprofit youth-serving organizations be performed. No person
will be permitted to act as an employee or volunteer until the results
of the background checks have been received and reviewed by the Administrator
of the Township. Said background check will be in accordance with:
(1)
The State Bureau of Identification, in accordance with N.J.A.C. 13:59-1.1
et seq. and with the procedures and guidelines adopted by the VRO;
or
(2)
An agency approved by the Township Police Chief which conducts an
internet-based search of relevant databases which would indicate all
criminal history for an individual comparable to the information obtained
from the State Bureau of Identification.
B.
The West Milford Township Department of Community Services and Recreation
shall conduct the criminal history record background check(s) only
upon receipt of the written consent to the check(s) from the prospective
or current employee or volunteer or from the organization itself.
C.
The VRO or the approved internet-based provider shall advise the
Township Department of Community Services and Recreation of the eligibility
of the prospective or current coach. Any information received by the
Township shall be confidential.
D.
The organization shall bear the costs for conducting such checks
for prospective or current coaches participating in cosponsored programs
in accordance with the regulations established by the VRO or approved
internet-based agency.
E.
The Township
of West Milford requires that all volunteers of youth-serving organizations
involved in programs and/or utilizing the Township’s recreational
facilities through the West Milford Department of Community Services
and Recreation shall be required to complete the free online Brain
Injury Alliance of New Jersey/Rutgers Youth Sports Research Council
- Concussion: What Youth Sports Coaches Need to Know. A certificate
of completion shall be provided to the Recreation Director.
A.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(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., such as endangering the welfare of a child.
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes.
B.
In addition, a person may be disqualified from serving as an employee
or volunteer of a nonprofit youth-serving organization if such individual
fails to consent to submit to a criminal history record background
check pursuant to this article.
[Amended 11-6-2019 by Ord. No. 2019-019]
A.
Prospective or current employees and volunteers of youth-serving
organizations for sponsored programs and/or for utilizing Township
recreational facilities shall submit their names, addresses, fingerprints,
written consent, and any other necessary information to the organization
for the criminal history record background check to be performed.
The organization shall submit this documentation to the West Milford
Township Department of Community Services and Recreation, which shall
coordinate the background check and refer the information to the State
Bureau of Investigation or approved internet-based agency for the
background check. Thereafter, the Township shall conduct periodic
background checks after the date of the initial background check,
but not less than every 36 months.
B.
The West Milford Township Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this article.
A.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to authorized
personnel of the youth-serving 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 article.
B.
Such persons or 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 for authorized purposes. Any person violating
the federal or state regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Amended 11-6-2019 by Ord. No. 2019-019]
A.
The VRO or approved internet-based agency shall make a recommendation
based on the provisions of N.J.S.A. 15A:3A-1 et seq. as to whether
the prospective or current volunteer coach is being recommended. The
VRO or approved internet-based agency will provide the West Milford
Township Police Department with a letter of recommendation or nonrecommendation
for each individual for whom the VRO or approved internet-based agency
completed a background check.
B.
The Department of Community Services and Recreation shall promptly
notify a prospective or current employee or volunteer who receives
a letter of nonrecommendation from the VRO or approved internet-based
agency. Individuals who receive a letter of nonrecommendation from
the VRO or approved internet-based agency will not be permitted to
participate as an employee or volunteer. Such individuals may obtain
a copy of their criminal history record by contacting the VRO or approved
internet-based agency in writing. The individuals shall then have
30 days from the receipt of notification from the West Milford Township
Department of Community Services and Recreation to petition the Appeals
Committee, consisting of the Director of the Township Recreation Department,
the Township Administrator and the Township Police Chief, for a review
and to cite reasons substantiating the review.
C.
Individuals who receive a letter of nonrecommendation from the VRO
or approved internet-based agency may be permitted to serve as an
employee or volunteer if they affirmatively demonstrate rehabilitation
to the Appeals Committee. In determining whether a person has affirmatively
demonstrated clear and convincing evidence of rehabilitation, the
Appeals Committee may consider the following factors in conjunction
with the provisions of N.J.S.A. 15A:3A-1 et seq.:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstance under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any 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.
D.
In all instances, the final determination of whether an individual
will be permitted to serve as an employee or volunteer utilizing the
Township's recreational facilities will lie in the sole discretion
of the Appeals Committee, which must vote unanimously.
E.
The Appeals Committee shall promptly advise the prospective or current
employee or volunteer whether he or she is qualified.
F.
When the Township Department of Community Services and Recreation
receives a letter of nonrecommendation from the VRO or approved internet-based
agency, the Department of Community Services and Recreation shall
file that letter within its Department, and it shall keep the written
notification on file for three years from the date it was issued.
G.
The Department of Recreation may request the Police Department to
review its files to determine if there is written notification on
file stating whether a criminal history record background check of
a current or prospective employee or volunteer reveals a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this article.
The Township shall only permit the following exemptions under
this article:
A.
Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder if such check was conducted within the past year. After such demonstration of proof of compliance, such individual shall then be subject to subsequent checks pursuant to § 33-35A.
B.
If the organization already utilizes a different means for obtaining
criminal history record background checks, such as Little League baseball,
then such organization may annually submit its own certification certifying
the names of the individual employees and/or volunteers and providing
proof that such criminal history record background check was performed
for that year. In addition, the organization must also submit to the
Department of Community Services and Recreation and the Township Police
Department the guidelines and parameters of such independent background
check company for the conducting of its background checks. In the
event the Police Department determines that the independent background
check company's guidelines and parameters are insufficient, then the
Township reserves the right to not grant the exemption under this
subsection to the organization.
Any violation of this article by a youth-serving organization
is considered a serious threat to the health and life of the youth
of the Township. As a result, upon violation, the Township may suspend
or terminate use of Township facilities, and the youth-service organization
and the officer who executed the affidavit shall be subject to fines
and other penalties. In determining the remedy such factors as whether
the breach was intentional, the severity of the noncompliance, and
the good-faith steps taken to cure the violation should be considered.
