Chapter 48 Recreation Commissioners, Board of

A nonprofit youth organization, program or activity, excluding public and nonpublic schools, principally involving minors under 18 years of age, that provides recreational, cultural, charitable, social or other activities or services that are endorsed, supported or sponsored by the City of Somers Point or the Somers Point Board of Recreation Commissioners, or receive funding from the City of Somers Point or the Somers Point Board of Recreation Commissioners, and any such organization or program which is not endorsed, financially supported or sponsored by the City of Somers Point or the Somers Point Board of Recreation Commissioners but which requests permission to utilize City-owned facilities or parks or facilities and parks which are under the jurisdiction or control of the Somers Point Board of Recreation Commissioners.

The Somers Point Board of Recreation Commissioners shall prepare and maintain on file and available for public inspection a list of all nonprofit youth organizations, programs or activities endorsed, supported or sponsored by the City of Somers Point or the Somers Point Board of Recreation Commissioners and which are within the scope of this section.

Request for criminal background checks and consent as condition of participation in nonprofit organization, program, activity or service sponsored, financially supported, or endorsed by the City of Somers Point or the Somers Point Board of Recreation Commissioners.

Every current and prospective employee or volunteer of a nonprofit youth organization, program or activity principally involving minors under 18 years of age that provides recreational, cultural, charitable, social or other activities or services endorsed, supported or sponsored by the City of Somers Point or the Somers Point Board of Recreation Commissioners shall submit to a criminal history background check prior to engaging in such activity.

Each current and prospective employee or volunteer shall provide his or her written consent to the criminal background check in order to be permitted to participate in the nonprofit youth organization or activities as defined herein. Such written consent shall be submitted to the Director of CER (Community, Recreation and Education).

Renewal of criminal background check.

Each criminal background check, upon receipt of qualification, shall be valid for a period of five years, after which each employee and volunteer shall submit a new application.

In each of the intervening years between criminal background checks, each employee and volunteer shall certify to the Director of CER in writing that there has been no change in circumstances which would result in a disqualification of that employee or volunteer.

In the event an employee or volunteer is convicted of any of the crimes or disorderly persons' offenses specified in Subsection F of this section, such employee or volunteer shall promptly inform the Director of CER within 30 days of such conviction and shall thereupon be disqualified from continuing to serve as an employee or volunteer.

(4)

In the event, however, that any such employee or volunteer shall be charged or arrested for sexual misconduct or a crime or disorderly offense of the type specified in Subsection F, either in this state or without, although the volunteer or employee shall be given the presumption of innocence as to such charges or arrests, such employee or volunteer shall promptly notify the Chief of Police and the Director of CER following any such charge or arrest.

Cost of conducting criminal background check. The costs of the criminal history record background check are to be borne by the employee or volunteer seeking to participate on behalf of a nonprofit youth organization, program or activity. The Somers Point Board of Recreation Commissioners shall prepare and maintain on file a list of all nonprofit youth organizations, programs or activities endorsed, supported or sponsored by the City of Somers Point or the Somers Point Board of Recreation Commissioners and which are within the scope of this section.

[Amended 4-25-2013 by Ord. No. 7-2013]

Procedure for processing criminal background checks. The Somers Point Board of Recreation Commissioners shall from time to time establish procedures for notifying employees and for processing all criminal background checks, which shall be consistent with the requirements of N.J.S.A. 15A:3A-1 et seq., and:

All youth organizations, programs or activities endorsed, sponsored, or supported by the City of Somers Point or the Somers Point Board of Recreation Commissioners shall be required to submit a list of names, addresses and a written consent form from all prospective and current employees and volunteers to the Director of CER (Community, Recreation and Education) of the City of Somers Point.

The Director of CER shall coordinate the criminal background checks and schedule the fingerprinting and photographing through the Somers Point Police Department to the extent necessary.

The Somers Point Board of Recreation Commissioners shall engage the services of a third-party independent agency approved by the State of New Jersey to conduct the criminal history record background checks authorized under this section to provide the following services:

Provide an on-site representative to photograph and fingerprint all volunteers and/or employees.

Collect, review for accuracy, and deliver all fingerprint cards to the New Jersey State Police.

Notify the Somers Point Board of Recreation Commissioners of the qualification of each applicant based upon information received from the New Jersey State Police.

Issue photograph identification cards for all volunteers and/or employees who have successfully passed the background record check to the Board of Recreation Commissioners, which shall issue the identification card to the applicant.

(e)

Issue and update rosters of all processed applicants to the Somers Point Board of Recreation Commissioners.

(f)

Secure and maintain at all times during the term of the contract general public liability insurance with a minimum limit of liability of $1,000,000, and statutory workers' compensation, with coverage in amounts as required by New Jersey statutes. The agency shall provide the Somers Point Board of Recreation Commissioners with a certificate of insurance naming the City of Somers Point and the Somers Point Board of Recreation Commissioners as additional insureds under the general liability policy and evidencing the above coverage and limits of liability with the obligation to provide a minimum of 30 days' advance written notice prior to any cancellation or alteration of any of the policies referred to in the certificate.

(g)

At all times during the term of the contract, secure and maintain a policy of professional liability insurance with a minimum coverage limit of $1,000,000.

Conditions of disqualification. Subject to the appeal procedure provided by Subsection I, a person shall be disqualified from serving as an employee or volunteer of such a nonprofit organization, program or activity if that person's criminal history record background check reveals a record of conviction of any of the following crimes or disorderly persons' offenses:

In New Jersey, any crime or disorderly persons' offense:

Involving danger to the person, meaning any of those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:11, Homicide; N.J.S.A. 2C:12, Assault; Endangering; Threats; N.J.S.A. 2C:13, Kidnapping; N.J.S.A. 2C:14, Sexual Offenses; or N.J.S.A. 2C:15, Robbery;

Against the family, children, or incompetents, meaning those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:24-1 et seq.;

Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey statutes;

Involving any controlled dangerous substance or controlled substance analog 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, possession of 50 grams or less of marijuana.

In any other state of jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons' offenses described in Subsection F(1) of this section.

Violation of any other statute which the New Jersey Legislature may from time to time add to the list of disqualification by amendment or supplement to N.J.S.A. 15A:3A-3 or which the criminal background investigation shall include as a basis for disqualification.

Notification of disqualification. If a person is determined to be disqualified from serving as an employee or volunteer of such an organization, program or activity because the criminal history record background check reveals a record of conviction as listed above:

A copy of the notification of disqualification will be sent directly from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of State Police, or the third-party agency, to the applicant, the third-party provider, and the Director of CER of the Somers Point Board of Recreation Commissioners.

No entity within the process will be privy to specific contents of the applicant's criminal background other than the applicant. The applicant may obtain a copy of the criminal history record directly from the New Jersey State Police.

Any applicant who receives a notice of disqualification shall have the right to pursue the matter with the third-party provider, but all fees and costs shall be the sole responsibility of the applicant and shall not be subject to reimbursement or refund by the Somers Point Board of Recreation Commissioners. If the disqualification is removed and the applicant is subsequently found to be qualified, 1/2 of the initial fee will be refunded to the applicant.

(4)

The rules and regulations concerning access to and dissemination of information obtained as a result of conducting a criminal history record background check have been established by the New Jersey Attorney General pursuant to the Administrative Procedures Act, which shall control.[1]

[1]

Editor’s Note: See N.J.S.A. 52:14B-1 et seq.

Youth Protection Program Appeal Panel.

In order to monitor and supervise the enforcement of this section as well as hear appeals, a three-member Youth Protection Program Appeal Panel shall be established, which shall be comprised of the Chief of Police, the Mayor of the City of Somers Point and the Director of CER.

In the event the designated member shall be unable to participate in an appeal, the following designated alternate representatives shall appear and participate:

For the Chief of Police, the second-highest-ranking officer appointed to serve in the Police Department;

For the Mayor, the Council President Pro Tem; and

For the Director of CER, the Chairperson of the Somers Point Board of Recreation Commissioners.

All members or designated alternates shall serve without additional compensation.

Appeal process.

All current and prospective employees or volunteers whose criminal history background check disqualifies such person from employment or from volunteering may appeal his or her disqualification on the basis that the person has been rehabilitated. Such person may appeal the disqualification determination by filling a written notice of appeal with the Director of CER together with all supporting documentation evidencing the rehabilitation.

Such appeal must be filed in writing by the disqualified individual within 20 calendar days following the date set forth on the notice of disqualification. There shall be no extensions granted, and failure to comply with the time period shall constitute a waiver of the right of appeal.

All appeal requests shall be held before the Youth Protection Program Appeal Panel not later than 30 calendar days after receipt of the written notice of appeal together with the complete appeal application materials provided by the appellant; and a written determination shall be made and mailed to the applicant advising whether, in the opinion of the Appeal Panel, the employee or volunteer qualifies for service. The decision of the Appeal Panel must be unanimous in order to be approved. The decision of the Appeal Panel shall be final and not subject to further appeal or challenge.

(4)

At the hearing, the employee or volunteer shall have the right to appear and be heard, to be represented by an attorney, and to present witnesses in his or her own behalf. Rules of evidence shall not apply, and the proceeding is not adversarial. The burden to convince is solely upon the appellant.

(5)

The Youth Protection Program Appeal Panel may overturn a disqualification determination if the employee or volunteer is able to demonstrate by clear and convincing evidence that he/she has been sufficiently rehabilitated so as to make him/her eligible to serve the organization.

(6)

In determining whether a person has affirmatively demonstrated rehabilitation, the appeals committee may consider the following factors:

The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;

The nature and seriousness of the offense;

The circumstances under which the offense occurred;

The date of the offense;

(e)

The age of the person committing the offense when the offense was committed;

(f)

Whether the offense was an isolated or repeated incident;

(g)

Any social or environmental conditions which may have contributed to the offense; and

(h)

Any other evidence of rehabilitation, including a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-7 et seq., 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 recommendation of those who have had the person under their supervision.

(7)

If the appeals committee determines, in its sole discretion, based upon the information provided, that the disqualified person has been successfully rehabilitated, it shall direct that that person's name be entered on the list of qualified employees and volunteers maintained by the Director of CER.

(8)

A person shall not under any circumstances be eligible for a certificate of rehabilitation or approval as a qualified employee or volunteer pursuant to N.J.S.A. 2A:168A-7 if that person has been convicted of:

A first-degree crime;

An offense to which N.J.S.A. 2C:43-7.2 (eligibility for parole; persons convicted of certain violent crimes) applies;

A second-degree offense defined in Chapters 13 (kidnapping and related offenses; coercion); 14 (sexual offenses); 15 (robbery); 16 (bias crimes); 24 (offenses against the family, children and incompetents); 27 (bribery and corrupt influence); 30 (misconduct in office; abuse of office); 33 (riot, disorderly conduct and related offenses); and 38 (September 11th, 2001 Anti-Terrorism Act - See N.J.S.A. 2C:1-1 et seq.);

A violation of N.J.S.A. 2C:24-4a or of N.J.S.A. 2C:24-4b(4) (endangering the welfare of children);

(e)

A crime requiring registration pursuant to N.J.S.A. 2C:7-2 (Megan's Law);

(f)

A crime committed against a public entity or against a public officer;

(g)

A crime enumerated in N.J.S.A. 43:1-3.1b(2) (theft by deception) committed by a public employee, which involves or touches upon the employee's office, position or employment, such that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person;

(h)

Any crime committed against a person 16 years of age or younger or a disabled or handicapped person; or

(i)

A conspiracy or attempt to commit any of the crimes described in this § 48-7I(8).

(9)

Restriction upon dissemination of confidential information. Members of the appeals committee and their designees shall limit their use of the criminal history record information provided by the appellant solely to the authorized purpose for which it was obtained. Criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes and shall not be disseminated to any unauthorized persons. This record, in whatever form it exists, including electronically or via computer, shall be destroyed immediately by the appeals committee 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.

Certification by affidavit by other responsible person as an essential element of the application to utilize any facility or park owned by the City of Somers Point and as a precondition for such use.

The president, director, sponsor, leader, or other responsible person in charge of any nonprofit organization or program which provides recreational, cultural, charitable, social or other activities or services principally involving minors under the age of 18 years which is not sponsored, financially supported or endorsed by the City of Somers Point or the Somers Point Board of Recreation Commissioners, and which requests the use of any facility or park owned by the City of Somers Point or under the jurisdiction of the Somers Point Board of Recreation Commissioners, shall, as an essential part of each application submitted to the Somers Point Board of Recreation Commissioners for such use, submit a certification by affidavit that the organization or program has subjected each of its employees and volunteers to a criminal background check in compliance with N.J.S.A 15A:3A-1 et seq. and has disqualified any person, which the Somers Point Board of Recreation Commissioners shall be entitled to rely upon and which shall be maintained on file by the Somers Point Board of Recreation Commissioners. Failure to submit the required affidavit shall render the application incomplete and shall make the organization or program ineligible to use any such facility or field until the condition shall have been satisfied.

The requirement set forth in Subsection J(1) shall not apply to any program, activity or service which is sponsored or engaged in by a public or nonpublic school.