[Adopted 5-7-2012 by Ord. No. 12-742]
As used in this article, the following terms shall have the meanings indicated:
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, and/or the New Jersey State Bureau of Identification in the Division of State Police.
MUNICIPAL-SPONSORED YOUTH PROGRAMS Any program sponsored by the Township of Cedar Grove, including any municipal employees, volunteer organizations created by the municipality, and all leagues, boards, committees and commissions affiliated with, falling within the purview of, or acting for or on behalf of the Township of Cedar Grove and having contact with persons under the age of 18 years.
NONSPONSORED YOUTH PROGRAM Any youth program not sponsored by the Township of Cedar Grove, but that utilizes municipal facilities or has an affiliation with a municipal-sponsored youth program and having contact with persons under the age of 18 years.
YOUTH PROGRAM Any program that allows for participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting or athletic activities, or camps and trips or other activities whereby some control and responsibility for children is assigned to some person acting for or on behalf of a municipal-sponsored youth program or nonsponsored youth program, other than a parent or caregiver.
Individuals engaged in providing recreation opportunities for, or on behalf of, the municipality shall be issued identification cards with appropriate expirations based upon the date of their individual background check. Individuals issued identification cards are required to display their cards while in performance of their duty involving youth programs.
Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.
A. Appeal re: accuracy of record. A person may challenge the accuracy of the criminal history record. A challenge to the accuracy of the report shall be filed with the municipal Chief of Police or other chief law enforcement officer, who shall coordinate the challenge with the New Jersey State Police.
B. Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1) No person may appeal a disqualification on the grounds of rehabilitation, if convicted of a fourth-degree offense or higher, if the person has been disqualified because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection c of N.J.S.A. 2C13:1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to Subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to Paragraph (4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to Section 1 of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) or Paragraph (4) of Subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
(2) Appeals Committee. An appeal based on rehabilitation shall be made to an Appeals Committee, which shall consist of the Chief of Police, the president or administrator of the municipal recreation program and municipal attorney. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
(3) Rehabilitation criteria. In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Committee shall consider the following factors:
(a) The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(b) The nature and seriousness of the offense;
(c) The circumstances under which the offense occurred;
(e) The age of the person when the offense was committed;
(f) Whether the offense was an isolated or repeated incident;
(g) Any social conditions which may have contributed to the offense; and
(h) Any other evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correction work-release programs, or the recommendation of those who have had the person under their supervision.
(4) If the Appeals Committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the municipal Chief of Police or other chief law enforcement officer of the municipality.