[HISTORY: Adopted by the Township Council of the Township
of River Vale 3-28-2011 by Ord. No. 246-2011. 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 the State Bureau of Identification in the Division of
State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computer databases of the New Jersey State
Police SBI Criminal History Information System, the National Law Enforcement
Telecommunications System or other states' computerized depositories
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 Township of River Vale Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints and 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, resolution or by this chapter, to the
State Bureau of Identification for the dissemination of criminal history
record information.
A corporation, association or other organization established
pursuant to Title 15 or 15A of the New Jersey Statutes, or other law
of this state, but excluding public and nonpublic schools, and which
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. For the purpose of this chapter, all independent
River Vale sports associations, including but not limited to the River
Vale Baseball and Softball Association, the River Vale Basketball
Association and River Vale Soccer Association, shall be considered
to be nonprofit youth-serving organizations.
A three-member committee consisting of one of the athletic
directors, the Business Administrator or a designee of the Mayor and
the Chief of Police or designee. The Committee shall be charged with
the review of all appeals of any volunteer whose criminal history
background check reveals a disqualifying criminal conviction.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65 (N.J.S.A. 53:1-12 et seq.).
Any person involved with coaching or supervising participants
in a nonprofit youth-serving organization, whether the title is coach,
assistant coach, manager or another title consistent with these terms.
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches as specified in this chapter.
A.
The Township requires that all employees and volunteers, including
a volunteer coach, of a nonprofit youth-serving organization request,
through the Department, that the State Bureau of Identification in
the Division of State Police conduct a criminal history record background
check on each prospective and current employee or volunteer of the
organization in accordance with N.J.A.C. 13:59-1.1 et seq. and with
the procedures and guidelines adopted by the VRO. No person will be
permitted to act as a volunteer coach until the results of the background
checks have been received and reviewed by the Department. Each employee
or volunteer under this section shall also have an ongoing duty to
report to the Township any new information which would be revealed
by such a search.
B.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 97-3 of this chapter.
C.
The Recreation Department shall request 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 employee, volunteer or nonprofit youth-serving organization shall
bear the cost associated with conducting criminal history background
checks in accordance with fees established by the State Bureau of
Identification and the Division of State Police and in accordance
with N.J.S.A. 15A:3A-2d.
E.
Criminal history background checks will be performed for individuals
under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq.
and with the procedures and guidelines adopted by the VRO.
Any prospective or current volunteer coach of a nonprofit youth-serving
organization who refuses to consent to this procedure shall not be
permitted to participate in any sponsored or cosponsored programs
involving nonprofit youth-serving organizations.
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 disqualifying record in
accordance with the provisions of N.J.S.A. 15A:3A-1 et seq.
B.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute a disqualifying record in accordance
with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds for disqualification.
A.
Prospective or current employees and volunteers of nonprofit youth-serving
organizations shall submit their name, address, fingerprints and written
consent to the recreational organization for which the criminal history
record background check to be performed. The organization shall submit
this documentation to the Department, which shall transmit such information
to the VRO. Thereafter, all information required for subsequent background
checks shall be submitted to the Department, which shall coordinate
criminal background checks every 30 to 36 months, not to exceed 36
months after the date of the initial check.
B.
The 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 chapter.
A.
Access to criminal history record information for noncriminal-justice
purposes, including licensing and employment, is restricted to the
Department and the Review Committee, 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.
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. Any
person violating federal or state regulations governing access to
criminal history record information may be subject to criminal and/or
civil penalties.
A.
The VRO shall make a recommendation based on the provisions of N.J.S.A.
15A:3A-1 et seq. as to whether the prospective or current volunteer
coach is being recommended. The VRO will provide the Department with
a letter of recommendation or non-recommendation for each individual
for whom the VRO completed a background check.
B.
The Department shall promptly notify a prospective or current volunteer
coach who receives a letter of non-recommendation from the VRO. Individuals
who receive a letter of non-recommendation from the VRO will not be
permitted to participate as a volunteer coach. Such individuals may
obtain a copy of their criminal history by contacting the VRO in writing.
The individuals shall then have 20 days from the receipt of notification
from the Department to petition the Review Committee for a review
and to cite reasons substantiating the review.
C.
Individuals who receive a letter of non-recommendation from the VRO
may be permitted to serve as a volunteer coach if they affirmatively
demonstrate rehabilitation to the Review Committee. In determining
whether a person has affirmatively demonstrated clear and convincing
evidence of rehabilitation, the Review Committee may consider the
following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1
et seq.:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any 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 recommendations of those
who have had the person under their supervision.
D.
In all instances, the final determination of whether an individual
will be permitted to serve as a volunteer coach will lie in the sole
discretion of the Review Committee.
E.
The Review Committee shall promptly advise the prospective or current
volunteer coach whether he or she is qualified to serve as such.
F.
When the Department receives a letter of non-recommendation from
the VRO, the Department may file that letter and keep the written
notification on file for three years from the date it was issued.
G.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Department pursuant to the provisions of this chapter.
