As used in this chapter, the following terms shall have the
meanings indicated:
CRIMINAL HISTORY RECORD AND FINGERPRINT 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.
NONSPONSORED YOUTH PROGRAMS
Any youth program not sponsored by the Township of Berlin,
but that utilizes municipal facilities or has affiliation with a Township-sponsored
youth program, and having contact with persons under the age of 18
years.
TOWNSHIP-SPONSORED YOUTH PROGRAMS
Any programs sponsored by the Township of Berlin, including
the Berlin Township Athletic Association and any and all leagues,
boards and commissions falling within the purview of or acting for
or on behalf of the Township of Berlin, and having contact with persons
under the age of 18 years.
YOUTH PROGRAMS
Any programs that allow for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting activities, passive recreation groups, clubs
or camps and trips or other activities whereby some control and responsibility
for persons under 18 years of age is assigned to some person acting
for or on behalf of the Township of Berlin other than a parent or
caregiver.
Individuals engaged in providing recreation opportunities for
or on behalf of the Township of Berlin 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 card while in the performance of their duty involving
youth programs.
[Added 11-28-2016 by Ord.
No. 2016-22]
A. Any individual whose criminal history background check disqualifies
that individual from volunteering and participating may appeal his
or her disqualification as follows:
(1) An individual may challenge the accuracy of the criminal history
record.
(2) A person may claim to be rehabilitated to the extent that it should
permit qualification.
(3) No individual may appeal a disqualification on the grounds of rehabilitation if the individual has been disqualified because that individual has been convicted, adjudicated delinquent or acquitted by reason of insanity of the offenses enumerated in §
93-5B of this chapter.
B. A challenge to the accuracy of the report shall be filed with the
Berlin Township Chief of Police, who shall investigate the challenge
with the New Jersey State Police.
C. An appeal based on rehabilitation shall be made to an Appeals Board
which shall consist of the Director of Parks and Recreation, the Director
of Public Safety and the Berlin Township Chief of Police. Any such
appeal must be made within 30 days of receipt of the notice of disqualification
and filed, in writing, with the Berlin Township Chief of Police in
an envelope marked confidential.
D. In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Board shall consider the following factors:
(1) The nature and responsibility of the position which the individual
would hold if approved.
(2) The nature and responsibility of any previous similar positions held
related to youth activities and youth sports activities.
(3) The nature and seriousness of the offense.
(4) The circumstances under which the offense occurred.
(6) The age of the person when the offense was committed.
(7) Whether the offense was an isolated or repeated incident.
(8) Any other evidence considered relative concerning rehabilitation,
including community service or the recommendation of those who have
had the individual under their supervision or who have a work or community
history with the individual.
E. If the Appeals Board determines that the disqualified individual
has been successfully rehabilitated, it shall enter that individual's
name on the list of qualified individuals maintained by the Berlin
Township Police Department. If the Appeals Board denies the appeal,
it shall advise the individual in writing. All appeals and information
relating to an appeal shall remain confidential.
Any and all criminal background checks obtained from the State
Bureau of Identification in the New Jersey State Police or the Federal
Bureau of Investigation shall be filed and maintained in a secured
and locked cabinet or room at the Berlin Police Department Records
Bureau in the Criminal Investigation Section, which shall take custody
and maintain such records, which shall not be available to the public.
The Berlin Township Police Department personnel in the Records Bureau
shall take appropriate steps to safeguard such records. The records
shall be exempt from public disclosure under the common law, the Open
Public Records Act and the New Jersey Right to Know Law. In addition, the Berlin Township Chief of Police shall
not reveal the affirmative or negative response from the State Police
based upon the findings of the background check, except as provided
in this chapter. No Berlin Township official or employee shall have
access to the criminal background checks other than individuals in
the Berlin Township Police Department Records Bureau, whose only access
shall be to take custody and maintain the files as provided for in
this section. The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose.
The Berlin Township Chief of Police shall be the contact person for
Berlin Township for the VRO Program of the State Police.
Any person violating or failing to comply with the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion
of the Judge.
[Added 12-12-2011 by Ord. No. 2011-24]
The Township of Berlin, through its designated agents, including
the Township Police Department, shall diligently enforce the provisions
of this chapter.