[Adopted 12-2-2009 by Ord. No. 27-2009]
As used in this Article II, the following terms shall have the meanings indicated:
A three-member panel consisting of the Chief of Police, the
City Manager and the Director of Recreation. The panel shall be charged
with review of all appeals by any employee or volunteer whose criminal
history background check reveals disqualifying criminal conviction.
Each member shall serve without compensation.
A determination of whether a person has a criminal record
by cross referencing that person's name, fingerprints, social security
number and date of birth with those on file with the Federal Bureau
of Investigation, Identification (SBI) Division and/or the State Bureau
of Identification of the New Jersey State Police.
Any youth program in the City of Brigantine which receives
funding, in whole or part, from the City.
A.Â
Criminal history background checks are to be borne by the volunteer,
unless supplemented through grants, fundraising, and the volunteer
organizations involved (i.e., football, baseball, hockey, etc.).
B.Â
The City of Brigantine shall be responsible for all costs associated
with the original issuance of an identification card for all volunteers
or employees. If the original identification issued by the City of
Brigantine is lost, it shall be the responsibility of the volunteer
or employee to pay for a replacement card.
A.Â
All City of Brigantine sponsored youth programs or activities shall
submit a list of names, addresses and a written consent form from
all the prospective and current volunteers to the Director of Recreation
of the City of Brigantine.
B.Â
The Director of Recreation shall coordinate the criminal background
checks and digital photographs for the identification cards. The recreation-issued
identification card will show the digital picture of the volunteer/employee
as well as his/her name and youth activity overseeing and an expiration
date. If the volunteer/employee resigns or is terminated, the recreation-issued
identification card is to be returned to the City of Brigantine Director
of Recreation or his/her designee.
C.Â
The services of a third-party independent agency will conduct the
criminal history background checks authorized under this article and
submit same to the Volunteer Review Operation of the New Jersey State
Police Records and Identification Section, State Bureau of Identification
(SBI), Criminal Information Unit (CIU).
D.Â
The New Jersey State Police Records and Identification Section will
notify the Director of Recreation under the Volunteer Review Operation
(VRO) of the applicant's approval or denial. No criminal background
information will be released to the Recreation Department.
A person may be disqualified from serving as an employee or
volunteer if that person's criminal history background check reveals
a record of conviction of any of the following crimes or disorderly
person's offense:
A.Â
In New Jersey, any crime or disorderly offense:
(1)Â
Involving danger to person, meaning those crimes and disorderly persons'
offenses set forth in N.J.S.A. 2C:11-1 et seq. (criminal homicide),
N.J.S.A. 2C:12-1 et seq. (assaults, reckless endangering; threats),
N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses; coercion),
N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et
seq. (robbery);
(2)Â
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. (offenses against the family, children and incompetents);
(3)Â
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey statutes; or
(4)Â
Involving any controlled dangerous substance analog as set forth
in Chapter 35 of Title 2C of the New Jersey statutes, except Paragraph
(4) of Subsection a of this section of N.J.S.A. 2C:35-10 (possession
of 50 grams or less of marijuana).
If a person is determined to be disqualified from serving as
an employee or volunteer from City-sponsored youth activities because
the criminal history background reveals a record of conviction as
listed above:
A.Â
A copy of the notification of disqualification will be sent directly
to the Office of the Attorney General, Department of Law and Public
Safety, Division of the State Police, or third-party agency, to the
applicant, and to the Director of the Recreation Department.
B.Â
No entity within the process will be privy to specific details of
the applicant's criminal background other than the applicant. The
applicant may obtain a copy of the criminal history record directly
from the New Jersey State Police.
In order to monitor and supervise the enforcement of this article
as well as hear appeals, a Youth Protection Program Appeal Panel shall
be established, whose composition shall be the Chief of Police, the
City Manager, and the Director of Recreation, or their designated
representatives, who shall serve without compensation.
A.Â
All current and prospective employees or volunteers may appeal the
disqualification determination by filing a written notice of appeal
to the Director of Recreation.
B.Â
All appeal requests shall process in a hearing no later than 45 days
after receiving the notice of appeal before the Youth Protection Program
Appeal Panel, and a determination shall be made no later than 20 days
thereafter.
C.Â
At the hearing the employee or volunteer shall have the right to
appear and be heard, to be represented by an attorney, to present
witnesses in his or her behalf, to cross-examine opposing witnesses
and to have a permanent record made of the proceedings at his or her
own expense.
