[HISTORY: Adopted by the Township Committee of the Township
of Bethlehem 12-3-2009 by Ord. No. 388-2009. Amendments noted
where applicable.]
GENERAL REFERENCES
Recreation Commission — See Ch. 41.
For purposes of this chapter, the following terms shall have
the meanings indicated:
Any program offering services for persons younger than 18
years of age, including but not limited to sports leagues, that are
funded and/or administered, in whole or in part, by the Bethlehem
Recreation Commission.
A review and determination as to whether a person has any
prior criminal record according to a process approved by the Township
and administered by a company specializing in the performance of such
checks.
An individual 18 years of age or older who receives compensation
from the Township to perform services for a Bethlehem youth program
and has unsupervised direct access to minors. This definition includes
applicants for a position as an employee.
An employee or volunteer who has completed a criminal history
background check revealing no disqualifying convictions.
A committee consisting of no more than six members, including
the Chairperson of the Recreation Commission, the Mayor or his designee
and no less than two and no more than three volunteers who shall serve
for terms of two years. The Review Committee shall be charged with
the review of all appeals filed by any employee or volunteer who has
been determined to be disqualified under this chapter from providing
services to a Bethlehem youth program.
The ability to have interaction with a person or persons
who are younger than 18 years of age without the constant observation
of the parent(s) or guardian(s) of the youth(s) or without the constant
observation of a representative of law enforcement or a supervising
qualified participant.
A coach or assistant coach of a Bethlehem youth program who
does not receive compensation from the Township.
A.
The Township requires that all employees and volunteers of a Bethlehem
youth program obtain a criminal history background check prior to
providing any services. The cost of conducting the criminal history
background checks required under this chapter shall be paid by the
Bethlehem Recreation Commission from the fees paid by participants
of the Bethlehem youth programs.
B.
No prospective employee or volunteer of a Bethlehem youth program will be permitted to commence services prior to the completion of the criminal history background check process and a determination that he or she is a qualified participant, except as set forth in Subsection C below.
C.
A prospective employee or volunteer who has requested the necessary criminal history background check through the Recreation Commission and who has provided all of the required information pursuant to § 66-3 may commence services to a Bethlehem youth program under the direct supervision of a qualified participant pending the results of the criminal history background check.
D.
An employee or volunteer required by this chapter to undergo a criminal
history background check who refuses to consent to this procedure
shall not participate in any Bethlehem youth program.
E.
In order to be covered by the provisions for civil immunity as prescribed
by New Jersey P.L. 1988, c. 87 (N.J.S.A. 2A:62A-6 et seq., commonly
referred to as the "Little League Law"), an employee or volunteer
must attend a safety orientation and skills training programs of at
least a three-hour duration which meets the minimum standards set
forth in N.J.A.C. 5:52-1 et seq. The programs may be provided by local
recreation departments, nonprofit organizations and national/state
sports training organizations. The standards apply to all volunteer
athletic programs in the Township regardless of population served.
A certificate of participation shall be provided to the Township by
each an employee or volunteer who successfully completes the program.
The cost of attending said program shall be paid by the employee or
volunteer, unless otherwise subsidized by the Bethlehem Recreation
Commission, subject to its sole discretion and the availability of
funds from the fees paid by participants of the Bethlehem youth programs.
F.
The Board of the Recreation Commission shall set forth policies and
procedures to implement this chapter, which policies and procedures
shall not be inconsistent with the terms of this chapter.
A.
All employees and volunteers required to by this chapter to obtain
a criminal history background check shall, pursuant to a procedure
established by the Board of the Recreation Commission, submit their
name, address, date of birth, written consent and any other data deemed
necessary by the Recreation Commission to perform the criminal history
background check. The Recreation Commission shall coordinate the criminal
history background check.
Any person who, through prior compliance with this chapter subsequent
to its enactment, or who, by virtue of his or her occupation, was
required by statute or otherwise to undergo a criminal history background
check that is as comprehensive as the check required herein, as determined
in the sole discretion of the Recreation Commission, is exempt from
the requirements of this chapter, unless three years have elapsed
from the date of the most recent background check. The individual
must provide proof of the date and results from the background check
to the Recreation Commission to be exempt from the requirements of
this chapter.
Notwithstanding prior compliance with this chapter, no individual
shall be permitted to continue as an employee or volunteer of a Bethlehem
youth program unless the latest criminal history background check
on file with the Bethlehem Recreation Commission was performed within
the prior three-year period.
A.
A person shall be disqualified from serving as an employee or volunteer
of a Bethlehem youth program if that person's criminal history
background check reveals a record of conviction of any crime or disorderly
offense:
(1)
Involving danger to the 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. (assault; reckless endangering; threats),
N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses), N.J.S.A.
2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1, et seq. (robbery);
or
(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.;
or
(4)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
except for N.J.S.A. 2C:35-10a(4) (minimal amounts of marijuana or
hashish); or
B.
In the event a charge is pending against a person, that person shall be temporarily disqualified from service pending the resolution of that charge. If such charge results in a conviction of a crime or disorderly person's offense described in Subsection A of this section that would disqualify the person from service, such person shall be deemed disqualified as of the date of conviction.
C.
If a pending charge is for an offense that would serve to disqualify
the person from service upon conviction, the person shall report the
pending charge on the earliest of his submission to the criminal history
background check or the date he learns of the charge. The individual
shall also report the disposition of the charge immediately upon receiving
notice of said disposition.
D.
In the event the criminal background history check reveals that there
may have been an offense by the potential employee or volunteer that
cannot be confirmed or for which records cannot be obtained, the potential
employee or volunteer will not be disqualified, but will be required
to appear before the Review Committee to present evidence regarding
the alleged offense.
If, following the completion of the criminal history background check, a disqualifying conviction exists as set forth in this chapter, then the Recreation Commission shall notify the employee or volunteer in writing via certified and regular mail of that person's disqualification to serve with the Bethlehem youth program. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the employee or volunteer is disqualified pursuant to this chapter. The written notice shall also state that the individual may appeal the determination by filing a written notice of appeal in accordance with the requirements of § 66-8 below.
A.
Grounds for appeal. Any current or prospective employee or volunteer
who is disqualified in accordance with this chapter may appeal that
determination for good cause shown. "Good cause" shall include but
is not limited to the following:
(1)
The background check produced inaccurate or incomplete information;
(2)
The age of the individual at the time of the offense or crime or
conviction;
(3)
The nature and circumstances underlying the conviction indicate that
the individual does not presently pose a threat;
(4)
The conviction arose out of an isolated incident;
(5)
The conviction(s) and underlying incident(s) are not relevant to
the position sought;
(6)
Since the conviction, the individual has taken significant steps
towards rehabilitation, including but not limited to counseling, treatment,
schooling, vocational training, and successful completion of a court-ordered
program; and
(7)
An individual with supervisory responsibilities over the appealing
party gives a recommendation on his or her behalf.
B.
Notice of appeal. Any current or prospective employee or volunteer
may file an appeal from a determination under this chapter by filing
a written notice of appeal with the Recreation Commission within 10
days of his or her receipt of the written notice of disqualification
stating the basis under which he or she is appealing the determination.
C.
Notice of hearing. Within seven days of the filing of a written notice
of appeal, the Review Committee shall send a written notice to the
applicant via certified and regular mail providing a hearing date
no later than 30 days from the filing of the notice of appeal. The
Review Committee's letter shall inform the individual that he
or she has the right to be represented by counsel and that he or she
may call witnesses and present documentation on his or her behalf.
The letter shall further explain that the individual shall, on or
prior to the date of the hearing, provide the Review Committee with
all documentation, including but not limited to police reports and
court dispositions, relating to the subject conviction(s). The letter
shall further state that the Review Committee's decision may
be rendered faster following the hearing if the individual provides
said documentation prior to the hearing date.
D.
Hearing. The hearing before the Review Committee shall be closed
to the general public. It shall be attended only by the members of
the Review Committee, the Township Attorney, the appealing individual,
his or her attorney if so retained, and any witnesses who desire to
speak on behalf of the appealing individual, which witnesses will
be present only for the period of their own testimony. During the
course of the hearing, the appealing individual shall be given the
opportunity to read a prepared statement, to speak freely, and/or
to present witnesses and/or documentation on his or her behalf.
E.
Determination. Immediately following the hearing, or at a time not
later than three days following the hearing, the Review Committee
and Township Attorney shall meet to discuss the appeal. Factors including
but not limited to the following shall be considered as appropriate:
(1)
The age of the individual at the time of the offense and conviction.
(2)
The nature and seriousness of the offense.
(3)
The harm to individuals and/or society arising out of the incident(s)
underlying the conviction(s).
(4)
The date of the conviction.
(5)
Whether the individual demonstrates that he or she has been rehabilitated.
(6)
The input of others with supervisory roles over the appealing individual.
(7)
The candor of the appealing individual.
(8)
Whether the offense was an isolated incident or part of a pattern
of behavior.
F.
Within five days of the decision by the Review Committee, the Recreation
Commission shall notify the individual of the decision in writing
via certified and regular mail.
Information obtained as a result of the criminal history background
check shall not be disseminated to any other individual or entity
in any form, except as necessary for litigation resulting from the
determinations made pursuant to this chapter. The Recreation Commission
shall adhere to all federal, state and local laws governing the confidentiality
and/or access to criminal history record information.
