[Adopted 12-2-2009 by Ord. No. 27-2009]
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.
- Any youth program in the City of Brigantine which receives funding, in whole or part, from the City.
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.).
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.
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.
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.
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).
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:
In New Jersey, any crime or disorderly offense:
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);
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);
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey statutes; or
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 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.
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.
All current and prospective employees or volunteers may appeal the disqualification determination by filing a written notice of appeal to the Director of Recreation.
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.
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.