[HISTORY: Adopted by the Common Council of the City of Burlington 12-1-2009 by Ord. No.
26-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Persons younger than 18 years of age.
Burlington City, New Jersey.
Any youth programs which receive funding, in whole or in
part, by the City of Burlington, including but not limited to any
and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the City of Burlington.
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 NJ State Bureau of Identification in the Division of State
Police.
Any person providing services to the City, a City-sponsored
youth program, or to a nonsponsored youth program, as the case may
be, for monetary compensation and/or through an employment contract.
Any facilities, including but not limited to any buildings
or structures, any parks, and any sports-related playing fields or
courts, owned by the City of Burlington or by the Burlington City
Board of Education.
Land owned by the City of Burlington or by the Burlington
City Board of Education.
Any youth programs operating within the City of Burlington
which are not City-sponsored youth programs, but which regularly utilize
municipally owned facilities or municipally owned land.
The Burlington City Police Chief.
A person who has completed a criminal history record background
check within the past three years that has revealed no disqualifying
convictions and who has not been convicted of a disqualifying offense
since the date of the criminal history record background check.
Any person providing services to a City-sponsored youth program
or to a nonsponsored youth program without monetary compensation from
or an employment contract with such programs.
Any programs that allow for children's participation in activities,
including but not limited to sporting activities, passive recreation
groups, clubs or camp trips or any other activities whereby some control
and responsibility for children is assigned to some person other than
a parent or guardian.
A.Â
Prior to any nonsponsored youth program being authorized by the City
to utilize municipally owned facilities or municipally owned land,
that nonsponsored youth program must provide the Police Chief with
the findings of a criminal history record background check for each
and every employee or volunteer of such nonsponsored youth program
who will provide services to the nonsponsored youth program in or
on the municipally owned facilities or municipally owned land. Each
employee or volunteer of the nonsponsored youth program applying for
the criminal history record background check shall authorize the Chief
of Police to be the recipient of the affirmative or negative response
from the Federal Bureau of Investigation, Identification Division,
and/or the New Jersey State Police based upon the findings of the
criminal history record background check.
B.Â
All officers of nonsponsored youth programs are responsible to ensure
that all of the employees and volunteers who will provide services
to nonsponsored youth programs in or on the municipally owned facilities
or municipally owned land comply with the requirements of this chapter.
The president of each nonsponsored youth program or his or her designated
representative shall file an annual roster of all of its employees
and volunteers who will provide services to the nonsponsored youth
program in or on the municipally owned facilities or municipally owned
land with the City's Recreation Department. Such roster shall include
information as to whether each listed employee or volunteer has completed
a criminal history record background check and the date of such background
check. The roster shall be on a form supplied by the City's Recreation
Department and shall contain a certification as to the accuracy and
completeness of the roster. Any person who knowingly certifies a roster
that excludes employees and volunteers who perform services for the
nonsponsored youth program in or on the municipally owned facilities
or municipally owned land or who provides knowingly false information
regarding the status of such employee or volunteer's criminal history
record background check shall be in violation of this chapter and
laws regarding false swearing. The nonsponsored youth program shall
be responsible to ensure that only those employees or volunteers of
the nonsponsored youth program who were listed on the roster and who
successfully completed their criminal history record background check
provide services on behalf of the nonsponsored youth program in or
on the municipally owned facilities or municipally owned land and
shall prohibit employees and volunteers who fail to comply with the
requirements of this chapter from performing such services.
A.Â
Prior to participating in a City-sponsored youth program, individuals
wishing to act as employees or volunteers for a City-sponsored youth
program must submit an application on forms supplied by the City's
Recreation Department for the purpose of obtaining a criminal history
record background check from the State Bureau of Identification in
the Federal Bureau of Investigation, Identification Division, and
the New Jersey State Police. Applications for criminal history record
background checks shall be submitted to the City's Recreation Department.
Based upon the memorandum of understanding executed between the City
of Burlington and the Federal Bureau of Investigation, Identification
Division, and the New Jersey State Police, the person applying for
the criminal history record background check shall authorize the Chief
of Police to be the recipient of the affirmative or negative response
from the Federal Bureau of Investigation, Identification Division,
or State Police based upon the findings of the criminal history record
background check. Individuals wishing to act as employees or volunteers
for a City-sponsored youth program who are required to undergo criminal
history record background checks under this chapter shall not be responsible
for the costs involved with obtaining the criminal history record
background check and, instead, such costs shall be paid by the City.
B.Â
All officers of City-sponsored youth programs are responsible to
ensure that all of its employees and volunteers who will provide services
to the City-sponsored youth programs comply with the requirements
of this chapter. The president of each City-sponsored youth programs
or his or her designated representative shall file an annual roster
of all of its employees and volunteers who will provide services to
the City-sponsored youth program. Such roster shall include information
as to whether each listed employee or volunteer has completed a criminal
history record background check and the date of such background check.
The roster shall be on a form supplied by the City's Recreation Department
and shall contain a certification as to the accuracy and completeness
of the roster. Any person who knowingly certifies a roster that excludes
employees and volunteers who perform services for City-sponsored youth
programs or who provides knowingly false information regarding the
status of such employee or volunteer's criminal history record background
check shall be in violation of this chapter and laws regarding false
swearing. The City-sponsored youth program shall be responsible to
ensure that only those employees or volunteers of the City-sponsored
youth program who were listed on the roster and who successfully completed
their criminal history record background check provide services on
behalf of the City-sponsored youth program and shall prohibit employees
and volunteers who fail to comply with the requirements of this chapter
from performing such services.
A.Â
City employees and/or prospective City employees who have or will
have authority in some capacity over children without the constant
observation of the children's parents or guardians or without the
constant observation of a representative of law enforcement or another
qualified participant shall submit sufficient information on forms
supplied by the Mayor and/or his designee from the Federal Bureau
of Investigation, Identification Division, and the New Jersey State
Police, for the purpose of obtaining a criminal history record background
check with the Federal Bureau of Investigation, Identification Division,
and the New Jersey State Police. Applications for criminal history
record background checks for City employees and/or prospective City
employees shall be processed by the Chief of Police. The employee
and/or prospective employee shall authorize the Police Chief to be
the recipient of the affirmative or negative response from the Federal
Bureau of Investigation, Identification Division, or State Police
based upon the findings of the criminal history record background
check.
B.Â
In the event of a negative determination arising from the criminal
history record background check, eligibility for new employment and
continued employment shall be determined in accordance with applicable
law.
C.Â
Notwithstanding anything stated herein, the City shall be permitted
to perform criminal history record background checks on employees
and/or prospective employees not covered by this chapter in accordance
with applicable law.
A.Â
All persons subject to the provisions of this chapter must obtain
a criminal history record background check before performing any services
on behalf of a nonsponsored youth program, a City-sponsored youth
program, or the City. Any person who has completes a criminal history
record background check that reveals no disqualifying convictions
shall be designated as a qualified participant and may serve as an
employee or volunteer for City-sponsored youth programs and nonsponsored
youth programs or as a City employee having authority in some capacity
over children without the constant observation of the children's parents
or guardians or without the constant observation of a representative
of law enforcement or another qualified participant.
B.Â
Once an applicant has successfully completed a criminal history record
background check and has been designated as a qualified participant,
such designation shall be a valid for a period of three years from
the date of the criminal history record background check; provided,
however, that i) the qualified participant shall be immediately disqualified
from serving as an employee or volunteer for City-sponsored youth
programs and nonsponsored youth programs or from serving as a City
employee having authority in some capacity over children if he or
she is subsequently convicted of a disqualifying crime; and ii) that
the qualified participant shall be immediately disqualified from serving
as an employee or volunteer for City-sponsored youth programs and
nonsponsored youth programs or from serving as a City employee having
authority in some capacity over children unless he or she files, on
an annual basis as established by the City, a certification in a form
provided by the City certifying that he or she has not been convicted
of a disqualifying crime at any time after the date of his or her
last criminal history record background check. Upon the expiration
of the three-year period, applicants must reapply for a new criminal
history record background check in order to provide the services described
within this chapter.
C.Â
Every individual subject to this chapter has an ongoing responsibility
to notify the City and, where applicable, to also notify the nonsponsored
youth program or City-sponsored youth program of any changes in their
criminal history background immediately upon such change taking place.
Failure by any individual to report any change in their criminal history
background shall result in the disqualification of such individual
from further service regulated under this chapter and may subject
such individual to the penalties for continuing violations set forth
within this chapter.
A.Â
Upon receipt of a completed criminal history record 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 Chief of Police shall notify the applicant and the designated
representative of the City-sponsored youth program or the nonsponsored
youth program, as the case may be, of the positive or negative determination
as to the applicant. Upon receipt of a completed criminal history
record background check conducted by the State Bureau of Identification
in the New Jersey State Police and/or the Federal Bureau of Investigation,
Identification Division, as to a City employee or prospective City
employee, the Chief of Police shall notify the applicant of the positive
or negative determination as to the applicant.
B.Â
The determination of the Chief of Police is based upon Subsections C and D of this section. Details in the criminal history record background check that result in a negative determination by the State Police are not afforded to the Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
C.Â
In the event that the criminal history record background check reveals
any prior convictions for crimes or offenses which negatively affect
the health, safety and welfare of children, the subject of the criminal
history record background check shall not be designated as a qualified
participant and shall not be allowed to perform services for a nonsponsored
youth program, a City-sponsored youth program, or as a City employee
having authority in some capacity over children without the constant
observation of the children's parents or guardians or without the
constant observation of a representative of law enforcement or a qualified
participant. Such crimes or offenses shall include, but not be limited
to, the following:
(1)Â
Crimes or offenses 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; stalking
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)Â
Crimes or offenses 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
(3)Â
Crimes or offenses involving theft as set forth in Chapter 20 of
Title 2C of the New Jersey Statutes; or
(4)Â
Crimes or offenses 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:35-10(a)(4) (minimal
amounts of marijuana or hashish);
D.Â
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.
E.Â
If an employee or volunteer of a nonsponsored youth program or a
City-sponsored youth program fails to submit to a criminal history
record background check or to comply with any of the other requirements
of this chapter, that employee or volunteer will be barred from performing
services on behalf of the nonsponsored youth program or City-sponsored
youth program. If a City employee or prospective City employee fails
to submit to a criminal history record background check when required
to do so by the City or fails to comply with any of the other requirements
of this chapter, the City employee and/or prospective City employee
may be subject to discipline or termination in accordance with applicable
law.
A.Â
The provisions of this chapter shall not apply to youth programs
using municipally owned facilities or municipally owned land on an
annual basis such as, by way of example, fairs, carnivals, flea markets,
and similar events.
B.Â
The provisions of this chapter shall not apply to employees or volunteers
providing services to the Burlington City Board of Education.
A.Â
Access to criminal history record background checks for noncriminal
justice purposes, including licensing and employment, is restricted
to authorized personnel of the City-sponsored youth program, the nonsponsored
youth program, or the City, as the case may be, 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 chapter. Such records shall be exempt from public
disclosure under common law or N.J.S.A. 47:1A-1 et seq.
B.Â
City personnel shall limit their use of criminal history record background
check information solely to the authorized purpose for which it was
obtained, and criminal history record background check information
shall not be disseminated to persons or organizations not authorized
to receive the records for authorized purposes. The records, in whatever
form they exist, including electronically or via computer, shall be
destroyed immediately by the City after they have served their intended
and authorized purpose. Any person violating federal or state regulations
governing access to criminal history record background check information
may be subject to criminal and/or civil penalties.
[Added 9-7-2021 by Ord. No. 22-2021[1]
A.Â
Any person whose criminal history background check disqualifies that
person from employment or from volunteering may appeal his or her
disqualification.
(1)Â
A person may challenge the accuracy of the criminal history record;
(2)Â
A person may claim to be rehabilitated;
(3)Â
No person may appeal a disqualification on the grounds of rehabilitation,
if convicted of a fourth degree offense or higher, if the person has
been rejected because that person has been convicted, adjudicated
delinquent or acquitted by reason of insanity of aggravated sexual
assault; sexual assault; aggravated criminal sexual contact; kidnapping
pursuant to N.J.S.A. 2C:13-1c(2); endangering the welfare of a child
by engaging in sexual conduct which would impair or debauch the morals
of the child pursuant to N.J.S.A. 2C:24-4a; endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4b(4); luring or enticing pursuant
to Section 1 of P.L.1993, c. 291 (N.J.S.A. 2C:13-6); criminal sexual
contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping
pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A.
2C:13-3 if the victim is a minor and the offender is not the parent
of the victim; knowingly promoting prostitution of a child pursuant
to N.J.S.A. 2C:34-1b(3) or (4); or an attempt to commit any of these
enumerated offenses.
B.Â
A challenge to the accuracy of the report shall be filed with the
Chief of Police, who shall coordinate the challenge with the New Jersey
State Police.
C.Â
An appeal based on rehabilitation shall be made to an Appeals Committee,
which shall consist of the Chief of Police, Business Administrator
and the City Solicitor. Any such appeal must be made within 30 days
of receipt of the notice of disqualification.
D.Â
In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Committee shall consider the following factors:
(1)Â
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)Â
The nature and seriousness of the offense;
(3)Â
The circumstances under which the offense occurred;
(4)Â
The date of the offense;
(5)Â
The age of the person when the offense was committed;
(6)Â
Whether the offense was an isolated or repeated incident;
(7)Â
Any social conditions which may have contributed to the offense;
and
(8)Â
Any other evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
E.Â
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Chief of Police or designee.
Other than as otherwise provided herein, the applicant and/or
the City-sponsored youth program or the nonsponsored youth program,
as the case may be, shall be responsible for all fees associated with
obtaining the criminal history record background check.
For a violation of any provision of this chapter, the maximum
penalty, upon conviction, shall be a fine not exceeding the amount
authorized in N.J.S.A. 40:49-5, imprisonment for a term not exceeding
the term authorized in N.J.S.A. 40:49-5, and/or a period of community
service not exceeding the period authorized in N.J.S.A. 40:49-5, or
such combination of punishments as the judge may, in his or her discretion,
deem appropriate and/or just. Each day in which a violation of any
provision of this chapter occurs or exists shall constitute a separate
violation of this chapter. Each violation of this chapter that can
be deemed severable from any other violation shall be deemed a separate
violation.
