[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.