[HISTORY: Adopted by the Township Committee of the Township
of Delanco 9-13-2010 by Ord. No. 2010-13. Amendments noted where applicable.]
The purpose of this chapter is to provide for the safety of
children engaged in youth organizations by taking steps to provide
for the reasonable assurance that employees and volunteers for youth
organizations have been subject to a criminal history record background
check.
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 adult individual of the age 18 years or older that is
employed as a coach, trainer, staff or the like for a youth organization.
Any adult individual of the age 18 years or older that volunteers
his or her time as a coach, leader, instructor or the like for a youth
organization. Any teacher, coach or volunteer in a school-based program
shall not be subject to these provisions, but shall abide by the school's
requirements with regard to background checks.
Any organized program with participants that are Delanco
residents under the age of 18 that are sponsored by the Township of
Delanco; receive Township funding for their programs and/or services;
or utilize municipal facilities including buildings and/or fields
of play on a regular or recurring basis.
[Amended 7-11-2011 by Ord. No. 2011-23]
[Amended 7-11-2011 by Ord. No. 2011-23]
A.
Mandatory background check. All individuals seeking to be employed
by or volunteer for youth organizations, wherein they will be working
directly with youth, shall be required to submit to mandatory background
checks, as defined above. This requirement shall apply to new employees
or volunteers as well as existing employees or volunteers, and the
requirement may not be waived by the youth organizations or any other
entity. This process shall be administered by the Township Chief of
Police or his/her designee, provided the designee is above the rank
of patrolman.
B.
Process. All employees or volunteers shall be required to submit to a background check which shall be conducted by the Delanco Township Police Department. If the employee or volunteer is found to be currently charged or previously convicted with any felony, or any misdemeanor involving fraud, misrepresentation, dishonesty, violence; or in any way involving a child; or involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except N.J.S.A. 2C:35-10a(4); or such act that the Township determines are grounds for disqualification, then that person shall be deemed to have failed the local background check and shall not be permitted to be employed by or volunteer in any way for a youth organization. If there is no such finding, then the employee or volunteer will be deemed to have passed the background check and shall be permitted to be employed by or volunteer for a youth organization.
C.
Appeal hearing. If an individual desiring to be an employee or volunteer
for a youth organization fails the background check, the individual
shall be notified of the failure in writing via certified and regular
mail, with the reasons for the rejection stated therein. The individual
shall further be advised in writing of his or her right to a hearing
before the Hearing Panel, which shall consist of the Chief of Police,
the Township Administrator, and the Township Clerk, which hearing
must be requested within 20 days of the receipt of the notice. If
a hearing is requested by the individual pursuant to this section,
the Panel shall first state the reasons for the denial on the record,
and the individual shall thereafter be permitted to state his or her
reasons as to why he/she should still be permitted to be an employee
or volunteer. The Panel shall thereafter render a decision on the
individual's appeal and may either permit the individual to be
an employee or volunteer or reject the individual's appeal. The
Panel's decision shall, within 10 days after the hearing, be
reduced to writing by the Township Clerk and mailed certified and
regular mail to the individual.
D.
Youth organization obligations.
(1)
All youth organization officers or leaders are required to make all
reasonable efforts to comply with the requirements of this chapter.
It is the responsibility of the youth organization to coordinate with
the Delanco Township Chief of Police to ensure that annual background
checks are being administered in compliance with this chapter. The
youth organization, through a designated officer or leader, shall
file an annual roster of employees and volunteers that are required
to participate in the background check procedures of this chapter.
The youth organization shall sign the roster certifying the accuracy
and completeness of the roster and employees' and volunteers'
names.
(2)
The youth organization shall maintain records including the names
of all employees and volunteers and the date of their last background
check. These records shall be disclosed annually to the Chief of Police
to ensure that all employees and volunteers are current with regard
to the background check requirements.
(3)
In the event that the youth organization already has a background
check policy and procedure in place, the Township will accept the
results from the administration of that policy, provided the policy
and results are disclosed to the Township and the Township is satisfied
that the policy and procedures are sufficient to satisfy the standards
and purpose of this chapter.
A.
Written consent. Each person seeking to participate in a youth organization
as an employee or volunteer shall execute a written consent in favor
of both the youth organization and the Township of Delanco, its agents,
servants and employees, authorizing said investigation, releasing
the Township, and its agents, servants and employees from any liability
arising from same, and holding them harmless. Failure to submit to
said investigation will disqualify any such person from serving in
the youth organization.
[Amended 7-11-2011 by Ord. No. 2011-23]
B.
Interim status. When a person has submitted written consent, he/she
shall be provided interim status to engage in employment or volunteering
while awaiting the results of the background check, provided the person
certifies that he/she has no reason to believe that he/she was found
guilty of a crime that would result in his/her disqualification from
service as an employee or volunteer under the terms of this chapter.
Interim status shall be sufficient to be employed or volunteer only
until such time that the results of the background check are obtained.
A background check administered under the provisions of this
chapter shall be valid for three years. At the expiration of three
years, the employee or volunteer must undergo a new background check
in order to continue to serve as an employee or volunteer.
[Amended 7-11-2011 by Ord. No. 2011-23]
A.
Limitation on access. Access to criminal history record information
for noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township of Delanco and
the applicable Youth Organization, 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.
Limitation on use. The Township and the Youth 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. Any persons violating federal or state regulations governing
access to criminal history record information may be subject to criminal
and/or civil penalties. The results shall not be subject to public
disclosure and shall be retained only for such period of time as is
necessary to serve their intended and authorized purpose. Township
officials with access to the criminal history record information shall
be limited to the following: Chief of Police, ranking police officer,
Solicitor, Administrator, Clerk, Deputy Clerk, and any other official
specifically authorized by the Administrator, provided he/she is a
confidential employee and the Administrator or Chief of Police determines
that his/her involvement is necessary or useful in carrying out the
terms and intentions of this chapter.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-14 governing general penalty provisions.
