[HISTORY: Adopted by the Township Council of the Township
of Eastampton 10-13-2009 by Ord. No. 2009-08 (Ch. 5 of the 1974
Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 programs not sponsored by the Township of Eastampton,
but that utilize municipal facilities or have affiliation with a Township-sponsored
youth program and having contact with persons under the age of 18
years.
Any programs sponsored by the Township of Eastampton, including
any and all leagues, boards and commissions falling within the purview
of, or acting for or on behalf of, the Township of Eastampton and
having contact with persons under the age of 18 years.
Any programs that allow for participation in activities by
those persons under 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 is assigned to some person acting for or on behalf of
the Township other than a parent or caregiver.
A.
Prior to any club or organization, not defined as a Township-sponsored
youth program, being authorized to use Township-owned facilities for
functions participated in by children, all adults, those persons 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 Eastampton Township Recreation Director with findings
of a criminal background check obtained from the State Bureau of Identification
in the New Jersey State Police.
B.
The submission of background check findings must be based upon a
check performed within three years of the start of use of the Township-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of Township-owned facilities. In all cases, the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the Township for
individuals involved in administering Township-sponsored youth programs.
The cost of background checks for individuals not administering a
Township-sponsored program shall be borne by the individual or program
with which they are participating.
A.
All adults, those persons 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 an Eastampton Township-sponsored function participated in by children,
shall submit sufficient information on forms supplied by the Eastampton
Township Recreation Director 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 Eastampton
Township Recreation Director.
B.
Based upon the memorandum of understanding executed between the Township
of Eastampton and the New Jersey State Police, the individual applying
for the background check shall authorize the Township Chief of Police,
or his designee within the Township Police Department, to be the recipient
of the affirmative or negative response from the State Police based
upon the findings of the background check. Individuals involved in
an Eastampton Township-sponsored youth function and who are required
to undergo background checks based upon this chapter shall not be
responsible for the costs involved with obtaining the criminal background
check. The Township of Eastampton shall bear the costs for the background
checks for individuals qualified under this section.
C.
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this chapter for that
league or program. The president or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this chapter. The roster shall
be on forms supplied by the Township of Eastampton 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 chapter and laws regarding false swearing.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Eastampton 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.
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 Chief of Police or designee shall notify the Recreation Director of all positive results (search discloses no grounds to disqualify the applicant) and shall notify the applicant directly if the search result is negative (search identifies a basis to disqualify the applicant). The determination of the Chief of Police is based upon § 17-5B(1) of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Director 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
and welfare of children, 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 Township-owned 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., such as criminal
homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment,
threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A.
2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq.,
such as robbery;
(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., such as endangering the welfare of a child;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(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.
(e)
Any fourth-degree offense or higher.
C.
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.
D.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any Township-sponsored
activities requiring background checks. In addition, refusal to comply
with this chapter 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-Township-sponsored
youth program to subscribe to the requirements of this chapter shall
forfeit that program's ability to use municipal facilities.
A.
All nonsponsored youth programs that have individuals subject to
this chapter shall supply background checks for all of their participants
prior to the individual being able to participate at any function
at a Township-owned facility to the extent covered by this chapter.
Thereafter, every three years, a new background check shall be submitted
to the Recreation Director.
B.
Township-sponsored youth programs.
(1)
All Township-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Recreation Director
for background checks prior to the individual being able to participate
at any function sponsored by the Township of Eastampton. Thereafter,
every three years, a new background check shall be submitted to the
Recreation Director.
(2)
Individuals involved in Township-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 check results.
Such interim approval shall not be valid for a period of time exceeding
45 days. Only one interim approval may be granted per individual.
Any person whose criminal background check disqualifies that
person from employment or from volunteering may appeal his disqualification.
A.
Appeal re: accuracy of record. A person may challenge the accuracy
of the criminal history record. A challenge to the accuracy of the
report shall be filed with the Chief of Police or designee, who shall
coordinate the challenge with the New Jersey State Police.
B.
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1)
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 disqualified because that person has been convicted, adjudicated
delinquent or acquitted by reason of insanity of aggravated sexual
assault; aggravated criminal sexual conduct; kidnapping pursuant to
Paragraph (2) of Subsection c of N.J.S.A. 2C:13-1; endangering the
welfare of a child by engaging in sexual conduct which would impair
or debauch the morals of the child pursuant to Subsection a of N.J.S.A.
2C:24-4; endangering the welfare of a child pursuant to Paragraph
(4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant
to N.J.S.A. 2C:13-6; criminal sexual conduct 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 Paragraph
(3) or Paragraph (4) of Subsection b of N.J.S.A. 2C:34-1; or an attempt
to commit any of these enumerated offenses.
(2)
Appeals Committee. An appeal based on rehabilitation shall be made
to an Appeals Committee, which shall consist of the Chief of Police,
the Township Manager and the Recreation Director. Any such appeal
must be made within 30 days of receipt of the notice of disqualification.
The appealing party must provide all information necessary for the
Appeals Committee to complete its review.
(3)
Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Appeals Committee shall consider
the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
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.
(4)
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter the person's
name on the list of qualified employees and volunteers maintained
by the Chief of Police or his designee.
A.
Any and all criminal background checks supplied to the Chief of Police
shall be filed and maintained in a secure and locked cabinet or room
and shall not be available to the public. The Chief of Police 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. The records shall only be retained for such period
of time as is necessary to serve their intended and authorized purpose
and thereafter shall be destroyed.
B.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
members of the Appeals Committee, as authorized by federal or state
law regarding obtaining and disseminating of criminal history record
information obtained under this section.
C.
The Appeals Committee shall limit its use of the criminal history
record information solely to the individual for which it was obtained,
and the criminal history record information furnished shall not be
disseminated to persons or organizations not authorized to receive
the records for authorized purposes.
A.
Failure to comply with this chapter may result in the Township withholding
funding for the youth service organization, prohibiting the use of
facilities or withholding funding for facility maintenance.
