[HISTORY: Adopted by the Township Committee of the Township of Chesterfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreational areas — See Ch. 146.
[Adopted 5-11-2011 by Ord. No. 2011-12]
A. 
The purpose of this article is to provide for the safety of children engaged in activities sponsored by youth organizations by taking steps to provide for the reasonable assurance that volunteers for youth organizations have been subject to a criminal history record background check.
B. 
The focus of this article is to require volunteers for youth organizations to obtain their background checks. As such, a youth organization and an individual administering a youth organization's compliance with this article will not be cited for failing to meet the requirements of this article unless the failure was a result of gross negligence or willful misconduct.
As used in this article, the following terms shall have the meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Chesterfield Township Police Department or his designee. In the absence of a Chief of Police, the highest ranking uniformed officer or his designee.
CRIMINAL HISTORY RECORD BACKGROUND CHECK ("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 through the New Jersey State Police.
NEW JERSEY STATE POLICE
The State Police Force of New Jersey and, in particular, the Volunteer Review Operations Program as that bureau is currently named, or as may be amended by the State Police from time to time.
TOWNSHIP FACILITY
A. 
Any facility owned, leased, or used by the Township or under the Township's control, including, without limitation, Township offices, meeting rooms, parks and recreation areas; or
B. 
Any facility used for youth programs for which the Township pays usage fees.
VOLUNTEER
Any adult individual of the age of 18 years or older who volunteers his time and acts as a coach, leader, instructor, trainer or the like for a youth organization.
YOUTH ORGANIZATION
A. 
Any organized program with at least a portion of participants that are Chesterfield residents under the age of 18 that:
(1) 
Are sponsored by the Township of Chesterfield;
(2) 
Receive Township assistance for their programs and/or services; or
(3) 
Utilize Township Facilities including buildings and/or fields of play on a regular or recurring basis.
B. 
"Youth organization" shall specifically include, but not be limited to, the Chesterfield Township Athletic Association ("CTAA").
A. 
Mandatory background check. All individuals seeking to volunteer for youth organizations shall be required to submit to a mandatory background check. This requirement shall apply to new volunteers as well as existing volunteers, and the requirement may not be waived by the youth organizations or any other entity. Certified teachers who are currently teaching, law enforcement officers, or federal agents who are authorized to carry a firearm, or others that already obtain a similar background check may gain exemption by providing a copy of their employer-processed background check to the youth organization and the Township Clerk. Determination as to whether the background check information provided is sufficient to meet the standards and intent of this article shall be made by the Chief of Police.
B. 
Process. All volunteers shall be required to submit to a background check, which shall be conducted by the State Police. The results of the background check will be submitted to the Chief of Police and the Chief of Police shall maintain the results as confidential. If the background check reveals that the volunteer is currently charged with or has been previously convicted of homicide, assault, endangering, threats, kidnapping, sexual offenses, robbery, theft, offenses against the family, children and incompetents, or possession, use, and/or distribution of a controlled dangerous substance 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; or such act that the Chief of Police determines is grounds for disqualification, then the volunteer shall be deemed to have failed the background check and shall not be permitted to volunteer in any way for a youth organization. The same process shall be utilized to periodic or annual name check verification for continued status as an active volunteer.
C. 
Notification of failed background check. If an individual desiring to be a volunteer for a youth organization fails the background check, the individual shall be notified of the failure in writing via certified and regular mail by the Chief of Police, with a copy to the Township Clerk. The individual shall further be advised in writing of his or her right to an appeal hearing before the Township Committee, which hearing must be requested within 20 days of the receipt of the notice.
D. 
Appeal hearing.
(1) 
If an appeal hearing is requested by the individual pursuant to this section, at the hearing the Chief of Police 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 they should still be permitted to be a volunteer. The Township Committee shall thereafter render a decision on the individual's appeal by majority vote and may either permit the individual to be a volunteer or reject the individual's appeal. The appeal may be granted or denied in the sole discretion of the Township Committee.
(2) 
The factors to be considered by the Township Committee when considering and deciding an appeal include, but are not limited to:
(a) 
Whether the results of the background check were accurate;
(b) 
The nature and responsibility of the position for which the individual would hold or has held;
(c) 
The nature and seriousness of the crime or offense;
(d) 
The circumstances under which the crime or offense occurred;
(e) 
The date of the crime or offense;
(f) 
The age of the individual when the crime or offense was committed;
(g) 
Whether the crime or offense was an isolated or repeated incident;
(h) 
Any social conditions which may have contributed to the crime or offense;
(i) 
Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received, and the acquisition of additional academic or vocational education and prior participation in youth organizations; and
(j) 
The recommendation of those who have had experience with the individual.
(3) 
Within 10 days after the hearing, the Township Committee's decision shall be reduced to writing by the Township Committee or by the Clerk or Solicitor on behalf of the Committee and mailed certified and regular mail to the individual.
E. 
Youth organization obligations.
(1) 
All youth organization officers or leaders are required to make all reasonable efforts to comply with the requirements of this article. It is the responsibility of the youth organization to coordinate with the Chief of Police to ensure background checks are being administered in compliance with this article. Each youth organization shall bear the costs associated with conducting the background checks if same is not covered by grant from the Megan Kanka Foundation as well as bear the cost for the annual name check confirmation.
(2) 
The youth organization, through a designated officer or leader, shall use its best efforts to compile a roster of volunteers that are required to participate in the background check procedures of this article. Said roster shall be provided to the Chief of Police 30 days prior to the start of any sports season or 14 days after the close of registration for the sport, whichever is sooner. The youth organization shall sign the roster certifying to the best of the knowledge of the certifying officer or leader of the youth organization the accuracy and completeness of the roster and volunteers' names. The youth organization shall maintain records including the names of all known volunteers and the date of their last background check. These records shall be disclosed upon request to the Chief of Police to help ensure that all volunteers are current with regard to the background check requirements.
(3) 
In the event that any youth organization already has a background check policy and procedure in place, the Township may accept the results from the administration of that policy, provided the policy and results are disclosed to the Chief of Police and the Chief of Police is satisfied that the policy and procedures are sufficient to satisfy the standards and purpose of this article.
Each person seeking to participate in a youth organization as a volunteer shall execute a written consent in favor of both the youth organization and the Township of Chesterfield and their respective agents, servants and employees, authorizing said investigation, releasing the youth organization and the Township, and their respective agents, servants and employees from any liability arising from same, and holding them harmless, on forms to be provided by the Township. Failure to submit to said investigation will disqualify any such person from serving in the youth organization.
There shall be an initial background check performed for each volunteer at the time of the adoption of this article and/or at the time when the volunteer first participates in the organization. Thereafter, the volunteer must undergo a name check on a periodic basis but no less than once a year. The volunteer will not need to resubmit to subsequent fingerprinting in order to continue to serve as a volunteer.
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 Chesterfield 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. 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 of background checks shall not be subject to public disclosure and shall be retained pursuant to State records retention schedules.
C. 
Township officials with access to the criminal history record information shall be limited to the following: Members of the Township Committee, Solicitor, Clerk, Deputy Clerk, the Township Police Department and any other official specifically authorized by the Township Committee, provided they are a confidential employee and the Township Committee determines their involvement is necessary or useful in carrying out the terms and intentions of this article.
The Chief of Police is authorized to create or amend a standard consent to background check form which shall be provided to each sports organization for use in compliance with the requirements of this article.
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 article shall, upon conviction thereof, be punishable by a fine not less than $100 nor greater than $1,000, a term of community service not greater than 90 days and/or serve a term of imprisonment not greater than 90 days.