Borough of East Rutherford, NJ Chapter 68 Recreation

[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Residency requirements — See Ch. 74.

Salaries and compensation — See Ch. 79.

Parks and recreation areas — See Ch. 210.

Article I Advisory Committee on Recreation

[Adopted 2-25-1997 by Ord. No. 97-2]

§ 68-1 Establishment.

An Advisory Committee on Recreation of the Borough of East Rutherford, not to exceed 12 members, is hereby established. This Advisory Committee shall consist of three subcommittees: one for local athletic programs, one for local children's programs and one for combined Carlstadt and East Rutherford recreational programs. All members appointed to the Advisory Committee shall be designated to serve on a specific subcommittee at the time of appointment as hereinafter set forth.

§ 68-2 Composition and compensation.

The Mayor shall appoint the members of the Advisory Committee on Recreation with a subcommittee designation from among the citizens and residents of the Borough of East Rutherford, including the filling of vacancies. The members of the Advisory Committee shall receive no compensation for their services and shall be appointed for a term of one year.

§ 68-3 Duties, rules and regulations.

A. It shall be the duty of the Advisory Committee on Recreation herein established to advise the Mayor and Council on the use of all public lands and facilities in the borough for local athletic, local children and combined East Rutherford and Carlstadt recreation programs. The Mayor and Council shall make all final decisions for same. The Advisory Committee shall have the power to make and adopt suitable rules for the purpose of accomplishing its objectives, and each subcommittee shall select a spokesperson/subcommittee chairperson as it may deem advisable and necessary from its members.

B. The Advisory Committee as a whole or subcommittees separately, as the need may be, shall make and submit to the Mayor and Council of the Borough of East Rutherford an annual written report on or before the first day of January of each year, which shall contain an itemized accounting of all activities, receipts, disbursements, expenditures and number of employees for the year.

§ 68-4 Programs Coordinator; secretary.

If so desired, the Mayor may appoint a Programs Coordinator and/or secretary at a rate or compensation to be set at the time of appointment for the determined appointment period.

Article II Criminal History Background Checks

[Adopted 11-14-2011 by Ord. No. 2011-14]

§ 68-5 Youth-serving recreation organizations.

A. Definitions. As used in this § 68-5, the following terms shall have the meanings set forth:

BOROUGH-SPONSORED PROGRAM

Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property and/or are covered under the Borough's insurance.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

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, the State Bureau of Identification in the Division of the State Police and any agency deemed necessary by the contracted entity appointed by the Borough to obtain criminal history background information.

CRIMINAL HISTORY RECORD INFORMATION

Information collected by criminal justice agencies concerning persons and stored in the computerized databases of New Jersey Courts and/or Law Enforcement Agencies 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.

DEPARTMENT

The Borough of East Rutherford Police Department.

NONCRIMINAL JUSTICE PURPOSE

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 regulations, executive order, administrative code provision, local ordinance, resolution or by this section, to any law enforcement agency or other states' computerized repositories for the dissemination of criminal history record information.

REVIEW AUTHORITY OR AUTHORITY

The Chief of Police who shall be charged with the review of all appeals by any volunteer whose criminal history background check reveals a disqualifying criminal conviction.

VOLUNTEER

Any person involved with an East Rutherford sponsored sports program who has regular unsupervised direct access to minors as a result of their involvement with the organization.

YOUTH SERVING RECREATION ORGANIZATION OR ORGANIZATION

A corporation, association or other organization, including those with nonprofit status and which provides recreational, cultural, charitable, social or related activities or services for persons younger than 18 years of age, but not including public and nonpublic schools.

B. Criminal background checks; costs.

(1) The Borough requires that all employees and volunteers of a youth-serving recreation organization request, through the Department, that the contracted entity conduct a criminal history record background check on each prospective and current employee and volunteer of the organization. A criminal history record background check at the same level performed by the same third party independent agency contracted by the Borough within one year of the date of application to serve as an employee or volunteer of a nonprofit youth-serving organization shall be accepted by the Borough as a valid criminal history record background check.

(2) The Borough shall conduct a criminal history record background check only upon receipt of the written consent for such check from the prospective or current volunteer or employee.

(3) The Borough shall bear the costs associated with conducting a criminal history background record check.

C. Conditions under which a person is disqualified from service.

(1) A person may be disqualified from serving as an Employee or Volunteer of a youth-serving recreation organization if that person's criminal history record background check reveals that the person has been convicted of any of the following crimes or offenses:

(a) If convicted in New Jersey, any of the following crimes or disorderly persons offenses:

[1] 2C:11 Homicide: all offenses.

[2] 2C:12 Aggravated Assault; Endangering; Threats: all offenses.

[3] 2C:13 Kidnapping: all offenses.

[4] 2C:14 Sexual Offenses: all offenses.

[5] 2C:15 Robbery: offenses.

[6] 2C:24 Offenses Against the Family, Children and Incompetents: all offenses.

[7] 2C:35 Controlled Dangerous Substances: all offenses except for a violation of Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.

(b) If convicted in any other state or jurisdiction, any conviction which, if entered in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection C(1)(a).

(2) For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a 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.

(3) The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Recreation Director that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection F below.

D. Submission, exchange of background information.

(1) The Borough may, in its discretion, engage the services of a qualified entity to conduct the criminal history record background checks authorized under this section (the "contractual entity").

(2) 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 and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the designated contracted entity, which shall coordinate the background check. Thereafter, all subsequent background checks shall be submitted to the designated contracted entity every three years after the date of the initial check.

(3) The contracted entity 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 section.

(4) If a criminal history record may disqualify an applicant or an existing employee or a volunteer for any purpose, the Borough shall provide the employee or volunteer with an opportunity to challenge the accuracy of the information contained in the criminal history record background check. The potentially disqualified person shall be afforded a reasonable period of time to challenge and correct the record.

E. Limitations on access and use of criminal history record background checks.

(1) Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel on the youth-serving organization and/or the Borough-sponsored program involving minors, 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 section.

(2) 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.

F. Appeal process and Appeal Panel.

(1) If the criminal background check disqualifies an employee or volunteer, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Borough no later than 20 days after receiving the determination from the Borough. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.

(2) In order to monitor and supervise the enforcement of this section by the Borough, the Borough hereby creates a Criminal Background Check Appeal Panel, which shall consist of three members: the Chief of Police, Recreation Director and Borough Prosecutor.

(3) 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 section, including but not limited to holding hearings and adjudicating appeals by employees and volunteers dissatisfied with the determination of the criminal background check concerning the disqualification of the employee or volunteer and/or the accuracy of the criminal history record.