[Adopted 3-23-2010 by Ord. No. 2010-15]
As used in this article, the following terms shall have the
meanings indicated:
A three-member panel consisting of the Chief of Police, the
Director of Public Safety and the Solicitor of the Recreation Commission.
The panel shall be charged with review of all appeals by any employee
or volunteer whose criminal history background check reveals a disqualifying
criminal conviction or offense.
[Added 8-9-2011 by Ord. No. 2011-39]
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and/or the New Jersey State Bureau of Identification in
the Division of State Police.
Any youth program not sponsored by the City of Vineland,
but which utilizes municipal facilities or has an affiliation with
a City of Vineland sponsored youth program and has contact with persons
under the age of 18 years.
Any program sponsored by the City of Vineland, including
any and all leagues, boards or commissions, falling within the purview
of or acting for or on behalf of the City of Vineland and having contact
with persons under the age of 18 years.
Any programs that allow for participation in activities by
those persons less than 18 years of age. Activities may include, but
are not limited to, sporting activities, passive recreation groups,
clubs or camps and trips or other activities whereby some control
and responsibility for children are assigned to some person acting
for or on behalf of the City of Vineland other than a parent or caregiver.
Prior to any club or organization, not defined as a City of
Vineland sponsored youth program, being authorized to use City of
Vineland owned or operated facilities for functions participated in
by minor children, any person 18 years of age or older, in any way
assisting in the function, including but not limited to coaches, assistant
coaches, or similar positions, must provide the City of Vineland Recreation
Superintendent with findings of a criminal background check obtained
from the State Bureau of Identification in the New Jersey State Police.
The submission of background check findings must be based upon a check
performed within two years of the start of use of the City of Vineland
owned or operated facility. In the case of coaches performing duties
as employees of the Vineland School District, the policy of background
checks adopted by the Vineland Board of Education will be used to
establish eligibility for use of City of Vineland owned or operated
facilities. In all cases the background check must comply with the
provisions of any applicable laws regarding the same, but not less
detailed than those performed by the City of Vineland for individuals
involved in administering City of Vineland sponsored youth programs.
The cost of background checks for individuals not administering a
City of Vineland sponsored program shall be borne by the individual
or program with which they are participating.
A.
Any person 18 years of age or older, including but not limited to
coaches, assistant coaches, or similar positions involved in educating,
directing or supervising youth, and in any way assisting in a City
of Vineland sponsored youth program function participated in by minor
children, shall submit sufficient information on forms supplied by
the City of Vineland Recreation Superintendent from the New Jersey
State Police, for the purpose of obtaining a criminal history background
check with the State Bureau of Identification in the New Jersey State
Police. Applications for background checks shall be processed by the
City of Vineland Recreation Superintendent. The individual applying
for the background check shall authorize the City of Vineland Recreation
Superintendent to be the recipient of the affirmative or negative
response from the State Police based upon the findings of the background
check. The cost of background checks for individuals administering
a City of Vineland sponsored youth program shall be borne by the individual
or program with which they are participating.
B.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this article for that
league or program. The President or Director of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this article. The roster shall
be on forms supplied by the City of Vineland and shall contain a certification
as to the accuracy and completeness of the roster and individual names.
Any person who knowingly certifies a background check roster that
excludes an individual required to be checked shall be in violation
of this article and laws regarding false swearing.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the City of Vineland shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are required
to display their card while in performance of their duty involving
youth programs.
[Amended 8-9-2011 by Ord. No. 2011-39; 5-27-2014 by Ord. No. 2014-18; 4-9-2019 by Ord. No. 2019-30]
A.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Recreation Superintendent shall notify the applicant and the President or Director of the recreation program of affirmative or negative results pursuant to § 507-24B of this article. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Superintendent and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
B.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
or welfare of children, the said person shall not be qualified to
participate in any official capacity in any function for persons under
the age of 18 years held at any City of Vineland owned or operated
facilities. Such offenses shall include, but not be limited to:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e., criminal
homicide; murder; manslaughter; death by vehicular homicide; aiding
suicide; leaving the scene of a motor vehicle accident); N.J.S.A.
2C:12-1 et seq. (assault; endangering an injured victim; recklessly
endangering another person; terroristic threats; stalking; disarming
law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq.
(i.e., kidnaping; criminal restraint; interference with custody; criminal
coercion; enticing a child into a motor vehicle, structure or isolated
area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal sexual
contact; lewdness; juveniles in need of supervision); N.J.S.A. 2C:15-1
et seq. (i.e., robbery; carjacking).
(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. (i.e., bigamy; endangering the welfare of children, incompetent
persons, the elderly or disabled persons; willful nonsupport; unlawful
adoptions; employing a juvenile in the commission of a crime).
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes (i.e., including theft of real or personal property
in excess of $200; receiving stolen property; fencing; theft of services;
shoplifting; computer-related theft).
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes
except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
(2)
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
(3)
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any City of
Vineland sponsored programs requiring background checks. In addition,
refusal to comply with this article by any individual falling within
the scope of requirements for nonsponsored youth programs will forfeit
that individual's ability to participate with the respective
program. Refusal of a non-City-sponsored youth program to subscribe
to the requirements of this article shall forfeit that programs'
ability to use municipal facilities.
A.
All nonsponsored youth programs that have individuals subject to
this article shall supply background checks for all of their participants
prior to the individual being able to participate at any function
at a City of Vineland owned or operated facility to the extent covered
by this article. Thereafter, a new background check shall be submitted
to the Recreation Superintendent every three years.
B.
Background check required prior to participation; interim approval.
(1)
All City of Vineland sponsored Youth Programs that have individuals
subject to this article shall direct those individuals to the Recreation
Superintendent for background checks prior to the individual being
able to participate at any function sponsored by the City of Vineland.
Thereafter, every three years a new background check shall be submitted
to the Recreation Superintendent.
(2)
Individuals involved in City of Vineland sponsored youth programs
who are required to undergo background checks shall be given an interim
approval for participation only after submission to the Division of
State Police for a background check. Interim approvals shall only
be valid for the period of time that it takes to receive background
checks results. Such interim approval shall not be valid for a period
of time exceeding 45 days. One interim approval may be granted per
individual.
All criminal background checks supplied to the Recreation Superintendent
shall be filed and maintained in a secure and locked cabinet or room
and shall not be available to the public for inspection. The Recreation
Superintendent shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common
law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
A.
A person violating any provision of this article shall, upon conviction
thereof for a first offense, be punishable by a fine of not less than
$250 nor more than $500 or by imprisonment for not longer than 30
days, or by both such fine and imprisonment, in the discretion of
the court.
B.
Upon a second offense, a person violating any provision of this article
shall, upon conviction thereof, be punishable by a fine of not less
than $500 nor more than $1,000 or by imprisonment for not longer than
90 days, or by both such fine and imprisonment, in the discretion
of the court.
C.
For any subsequent violations, a person violating any provision of
this article shall, upon conviction thereof, be punishable by a fine
of not less than $1,000 or by imprisonment for not longer than 120
days, or by both such fine and imprisonment, in the discretion of
the court.
This article shall take effect immediately upon the approval
and publication of notice of adoption as provided by law.
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this article shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause of this article.
