[HISTORY: Adopted by the Township Council of the Township of Jackson 10-24-2006 by Ord. No. 27-06 (Ch. 79A of the 1972 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BACKGROUND CHECK
- Includes criminal history checks conducted by state agencies, under state regulations, and checks of convictions conducted by privately contracted entities utilizing commercial databases.
- DISQUALIFYING RECORD
- Any record of a person which would be disqualifying under N.J.S.A. 15A:3A-3, or a determination by a private entity (e.g., National Center for Safety Initiatives) that a person has convictions for crimes cited on the Recommended Guidelines established by the National Council of Youth Sports, or other nationally recognized criteria for evaluating criminal histories in youth-related sports.
- NONPROFIT YOUTH-SERVING ORGANIZATION(S)
- A corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes or other law of the 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, as defined within N.J.A.C. 13:59-1.1 and any amendments thereto.
- The Township of Jackson.
- VOLUNTEER COACH AND OFFICIALS
- Any person involved with coaching or supervising participants in a nonprofit youth-serving organization, whether the title is coach, manager, or another title consistent with these terms; any person who may officiate or act as referee or umpire by such organization in Jackson Township; any member of any board governing such organization.
Any nonprofit youth-serving organization (hereinafter "organization") which intends to or currently does utilize Township-owned property, real or personal, for activities of the organization, shall be required to submit to the Township Administrator, or his or her designee, the following information and/or documentation for each and every volunteer coach and official of the organization who recruits, interacts or in any other way communicates with or contacts persons younger than 18 years of age in the Township:
A copy of a government-issued photo identification card or document.
Date of birth.
Home phone number.
Occupation and employer.
Written consent for the organization to conduct a background check, which includes the right to review sex offender registries and criminal history records.
In addition to the information required in Subsection A above, the organization shall provide an affidavit from an official of the organization that the persons whose names have been provided to the Township in Subsection A above were subjected to a background check and did not have disqualifying records, or if a person had a disqualifying record, the organization has conducted a review or appeal under its own policies and procedures and the organization has determined that the person should be qualified and his or her name should be submitted to the Township.
The organization shall execute an agreement with the Township whereby the organization acknowledges that the acceptance of the affidavit(s) above do not indicate approval or acceptance of the policies, procedures, review or appeal processes of the organization by the Township. Said agreement shall also state that the organization agrees to indemnify fully, save and hold harmless the Township, its officers and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts of the organization, or any volunteer coach or official acting on behalf of the organization.
Organizations which intend to or currently utilize Township-owned property, real or personal, for activities of the organization shall be required to submit the information and documentation of the volunteer coaches and officials as described in § 107-2 immediately upon the effective date of this chapter and annually thereafter. Said organizations shall have a continuing obligation to submit additional information to the Township immediately as such volunteer coaches and officials are employed or intended to be utilized by said organization.
No person will be permitted to act as a volunteer coach or official in the Township until the organization submits the information and documentation delineated within § 107-2 to the Township Administrator.
Any prospective or current volunteer coach or official of an organization who refuses to comply with the requirements of this chapter shall be prohibited by the organization from participating in any activity or event of the organization which provides services to the Township, utilizes Township-owned property, real or personal, and recruits, interacts, or in any other way communicates with or contacts persons younger than 18 years of age in the Township.
Any records submitted to the Township shall be restricted as to access as authorized by federal or state statute, rule or regulations, executive order, administrative code, local ordinance or resolution regarding personal information and obtaining and disseminating of criminal history record information obtained under this chapter.
It shall be a violation of this chapter for an organization to allow any volunteer coach or official to participate in any capacity at any event or activity of the organization utilizing Township-owned property, real or personal, if said volunteer coach or official has failed to submit the required information and documentation pursuant to § 107-2 or has a disqualifying record which was not subsequently appealed to the organization with a favorable outcome.
If the Township determines that this chapter has been violated, the organization shall be immediately barred from utilizing Township-owned property, real and personal, for any events and activities of the organization for a period of two years from the date of the violation. Upon the expiration of two years, the organization may petition the Township for reinstatement upon a showing of satisfaction of all requirements of this chapter.