As used in this Article
II, the following terms shall have the meanings indicated:
APPEAL PANEL
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.
CRIMINAL HISTORY BACKGROUND CHECK
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.
SPONSORED
Any youth program in the City of Brigantine which receives
funding, in whole or part, from the City.
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. In New Jersey, any crime or disorderly offense:
(1) 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) 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) Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey statutes; or
(4) 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).
B. In any other state of jurisdiction, conduct which, if committed in New Jersey, would constitute any crimes or disorderly persons offenses described in Subsection
A of this section.
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. 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. 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.