[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-15-1955 by Ord. No. 374; readopted 8-1-1967 by Ord. No.
476 (Ch. 75, Art. I, of the 1975 Code)]
[Amended 2-3-1970 by Ord. No. 513-70; 9-3-1975 by Ord. No.
581-75; 9-20-1988 by Ord. No. 900-88; 12-1-1992 by Ord. No.
1002-92; 6-21-1999 by Ord. No. 1164-99; 9-20-2010 by Ord. No.
1439-2010]
A.
The Department of Recreation shall consist of a Coordinator of Scheduling
Recreation Activities, Youth, and a Coordinator of Scheduling Recreation
Activities, Adult.
B.
The persons holding the two positions set forth in Subsection A of this section shall perform such duties as prescribed by law and authorized by the Mayor and Council and shall receive such compensation as shall be set forth in the current Salary Ordinance of the Borough of Edgewater.[1]
[1]
Editor's Note: The currently effective Salary Ordinance of
the Borough of Edgewater is on file in the office of the Borough Clerk
and is available for examination during office hours.
[Added 12-1-1992 by Ord. No. 1002-92]
The position of Recreational Aide in the Department of Recreation
is hereby created. The Recreational Aide shall perform such duties
as may be prescribed by law and authorized by the Mayor and Council
and shall receive full compensation as shall be set forth in the current
Salary Ordinance of the Borough of Edgewater.
[Adopted 5-20-2013 by Ord. No. 1492-2013]
As used in this article, the following terms shall have the
meanings indicated:
Any programs sponsored by the Borough of Edgewater, the Edgewater
Recreation Department.
A determination of whether a person has a criminal record
by cross-referencing that person's name and/or fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the New Jersey
State Police SBI Criminal History Information System, the National
Law Enforcement Telecommunications System or other states' computerized
repositories containing criminal history record information consisting
of identifiable descriptions and notations of arrests, indictments,
or other formal criminal charges, and any dispositions arising therefrom,
including convictions, dismissals, correctional supervision and release.
The Borough of Edgewater Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a federal or
state statute, rule or regulation, executive order, administrative
code provision, local ordinance or resolution, or by this article,
to the State Bureau of Identification for the dissemination of criminal
history record information.
Any corporation, association or other organization established
pursuant to Title 15 or Title 15A of the New Jersey Revised Statutes,
or other law of this state, but excluding public and nonpublic schools,
and that provides recreational, cultural, charitable, social or other
activities or services for persons younger than 18 years of age, and
is exempt from federal income taxes.
The New Jersey State Bureau of Identification created by
P.L. 1930, c.65 (N.J.S.A. 52:1-12 et seq.), a bureau within the Division
of State Police.
A.
The Borough requires that all employees and volunteers, 18 years
of age and older, of a nonprofit youth-serving organization request
through the Recreation Department that the State Bureau of Identification
conduct a criminal history record background check on each prospective
and current employee or volunteer of the organization.
B.
The Division of State Police shall inform the Department and the individual whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in § 92-6 of this article.
C.
The Recreation Commission shall conduct a criminal history record
background check only upon receipt of the written consent to the check
from the prospective or current employee or volunteer.
D.
The Borough shall bear the costs associated with conducting the criminal
history record background checks.
A.
Prospective or current employees and volunteers of nonprofit youth-serving
organizations and/or employees and volunteers of Borough-sponsored
programs involving minors shall submit their name, address, fingerprints,
other required information and written consent to the Police Department
for the criminal history record background check to be performed.
The Police Department shall submit this documentation to the State
Bureau of Identification.
B.
The Police Department shall act as a clearinghouse for the collection
and dissemination of information obtained as a result of conducting
criminal history record background checks pursuant to this article.
C.
The Recreation Department may, in its discretion, engage the services
of a third-party independent agency or a volunteer group authorized
by the Chief of Police and/or Police Director to
conduct the criminal history record background checks authorized under
this article.
[Amended 3-20-2017 by Ord. No. 1541-2017]
A.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses:
(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., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A.
2C:15-1 et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:14-1
et seq.
B.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a nonprofit youth servicing organization and/or the employee
or volunteer involved with Borough-sponsored programs involving minors,
the Borough shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
C.
The determination of whether the information contained in the criminal
history record is sufficient to disqualify an employee or volunteer
shall be made by the State Police. Any employee or volunteer dissatisfied
with the determination shall be entitled to file an appeal with the
Criminal Background Check Appeal Panel created pursuant to this article.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
Police Department and Criminal Background Check Appeal Panel, on a
need-to-know basis, as authorized by federal or state statute, rule
or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this article.
B.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained, and criminal history record information furnished shall
not be disseminated to persons or organizations not authorized to
receive the records for authorized purposes. Use of this record shall
be limited solely to the authorized purpose for which it was given,
and it shall not be disseminated to any unauthorized persons. This
record shall be destroyed immediately after it has served its intended
and authorized purpose. Any person violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
If this criminal history record may disqualify an applicant
or existing employee or volunteer for any purpose, the disqualified
person shall have an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record or request
an exception. The disqualified person shall be afforded a reasonable
period of time to correct and complete this record. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record.
A.
Criminal background check appeal process. If the State Police disqualify
an employee or volunteer, the employee or volunteer may appeal that
disqualification by filing a written notice of appeal with the
Chief of Police and/or Police Director no later than 20 days
after receiving notice of the disqualification from the State Police.
Any appeal requested shall proceed before the Criminal Background
Check Appeal Panel.
[Amended 3-20-2017 by Ord. No. 1541-2017]
B.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this article, the Borough of Edgewater hereby creates
a Criminal Background Check Appeal Panel which shall consist of three
members. The composition of the Criminal Background Check Appeal Panel
shall be as follows:
(1)
One member of the Criminal Background Check Appeal Panel shall be
the Police Chief or his designee.
(2)
One member of the Criminal Background Check Appeal Panel shall be
the Director of the Edgewater Recreation Department.
(3)
One member of the Criminal Background Check Appeal Panel shall be
a member of the Edgewater Police Department selected by the
Chief of Police and/or Police Director.
[Amended 3-20-2017 by Ord. No. 1541-2017]
C.
Powers. The Criminal Background Check Appeal Panel is granted and
shall have and exercise, in addition to other powers herein granted,
all the powers necessary and appropriate to carry out and execute
the purposes of this article, including but not limited to the following:
(1)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the disqualification.
(2)
To hold hearings and adjudicate appeals by employees and volunteers
dissatisfied with the determination concerning the accuracy of the
criminal history record.
(3)
To grant exceptions where appropriate.
D.
Findings. Not later than 45 days after the conclusion of the hearing,
the Criminal Background Check Appeal Panel shall issue its findings
of fact and the Panel's decision to the employee/volunteer involved
in the appeal and to the Recreation Department, which shall act in
accordance with the Panel's decision.
