[HISTORY: Adopted by the Mayor and Council of the Borough
of Leonia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-11-2014 by Ord. No. 2014-10[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Recreation Department Background Screening Policy, adopted 3-19-2012
by Ord. No. 07-12.
As used in this article, the following terms shall have the
meanings indicated:
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 the State Bureau of Identification in the Division of
State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computer databases of the New Jersey State
Police SBI Criminal History Information System, the National Law Enforcement
Telecommunications System or other states' computerized depositories
containing criminal history record information consisting of identifiable
descriptions and notations of arrests, indictments or other formal
criminal charges, and any dispositions arising therefrom, including
convictions, dismissals, correctional supervision and release.
The Borough of Leonia Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints and search requests are submitted by
authorized requesters, as required or permitted by a federal or state
statute, rule or regulation, executive order, administrative code
provision, local ordinance, resolution or by this article, to the
State Bureau of Identification for the dissemination of criminal history
record information.
A corporation, association or other organization established
pursuant to Title 15 or 15A of the New Jersey Statutes, or other law
of this 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. For the purpose of this article, all independent
Leonia sports associations, including all programs sponsored by the
Leonia Recreation Department or Commission, as well as any organization
or association using any Leonia parks or recreational facilities for
organized recreational activities or programs.
The three-member Committee will consist of the Borough Administrator,
the Superintendent of Recreation, and the Chief of Police or designee.
The Committee shall be charged with the review of all appeals of any
volunteer whose criminal history background check reveals a disqualifying
criminal conviction.
The New Jersey State Bureau of Identification created by
P.L. 1930, c. 65 (N.J.S.A. 53:1-12 et seq.).
Any person involved with coaching or supervising participants
in a nonprofit youth-serving organization, whether the title is coach,
assistant coach, manager or another title consistent with these terms.
This shall also include any employee or volunteer authorized by the
Recreation Department or Commission to supervise any Borough-sponsored
program or activity.
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches as specified in this article.
A.
The Borough requires that all employees and volunteers, including
a volunteer coach, of a nonprofit youth-serving organization request,
every two years, through the Department, that the State Bureau of
Identification in the Division of State Police conduct a criminal
history record background check on each prospective and current employee
or volunteer of the organization in accordance with N.J.A.C. 13:59-1.1
et seq. and with the procedures and guidelines adopted by the VRO.
No person will be permitted to act as a volunteer coach until the
results of the background checks have been received and reviewed by
the Department. Each employee or volunteer under this section shall
also have an ongoing duty to report to the Borough any new information
which would be revealed by such a search.
[Amended 12-1-2014 by Ord. No. 2014-13]
B.
The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in § 64-3 of this article.
C.
The Recreation Department shall request a criminal history record
background check only upon receipt of the written consent to the check
from the prospective or current employee or volunteer which shall
be forwarded to the Chief of Police or designee to conduct the background
check.
D.
The Recreation Department shall bear the cost associated with conducting
criminal history background checks in accordance with fees established
by the State Bureau of Identification and the Division of State Police
and in accordance with N.J.S.A. 15A:3A-2d for all programs sponsored
by the Recreation Department. In the case of other nonprofit organizations
using Leonia parks or facilities, the said organization is responsible
for the fees associated with the background check.
E.
Criminal history background checks will be performed for individuals
under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq.
and with the procedures and guidelines adopted by the VRO.
[Amended 12-1-2014 by Ord. No. 2014-13]
Any prospective or current volunteer coach of a nonprofit youth-serving
organization who refuses to consent to this procedure at least one
month prior to his or her starting date shall not be permitted to
participate in any sponsored or cosponsored programs involving nonprofit
youth-serving organizations.
A.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a disqualifying record in
accordance with the provisions of N.J.S.A. 15A:3A-1 et seq.
B.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute a disqualifying record in accordance
with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds for disqualification.
A.
Prospective or current employees and volunteers of nonprofit youth-serving
organizations shall submit their name, address, fingerprints and written
consent to the recreational organization for which the criminal history
record background check is to be performed. The organization shall
submit this documentation to the Department, which shall transmit
such information to the VRO. Thereafter, all information required
for subsequent background checks shall be submitted to the Department,
which shall coordinate criminal background checks every 24 months
after the date of the initial check.
B.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this article.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
Department and the Review Committee, on a need-to-know basis, as authorized
by federal or state statute, rule or regulation, executive order,
administrative code, local ordinance or resolution regarding the obtaining
and dissemination of criminal history record information obtained
under this article.
B.
Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained, and criminal history record information furnished shall
not be disseminated to persons or organizations not authorized to
receive the records for authorized purposes. Use of this record shall
be limited solely to the authorized purpose for which it was given,
and it shall not be disseminated to any unauthorized persons. Any
person violating federal or state regulations governing access to
criminal history record information may be subject to criminal and/or
civil penalties.
A.
The VRO shall make a recommendation based on the provisions of N.J.S.A.
15A:3A-1 et seq. as to whether the prospective or current volunteer
coach is being recommended. The VRO will provide the Department with
a letter of recommendation or nonrecommendation for each individual
for whom the VRO completed a background check.
B.
The Department shall promptly notify a prospective or current employee,
program supervisor, or volunteer coach who receives a letter of nonrecommendation
from the VRO. Individuals who receive a letter of nonrecommendation
from the VRO will not be permitted to participate in any youth-serving
program or organization. Such individuals may obtain a copy of their
criminal history by contacting the VRO in writing. The individuals
shall then have 20 days from the receipt of notification from the
Department to petition the Review Committee for a review and to cite
reasons substantiating the review.
C.
Individuals who receive a letter of nonrecommendation from the VRO
may be permitted to serve as a volunteer coach if they affirmatively
demonstrate rehabilitation to the Review Committee. In determining
whether a person has affirmatively demonstrated clear and convincing
evidence of rehabilitation, the Review Committee may consider the
following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1
et seq.:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to the offense;
and
(8)
Any 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 correctional work release programs or the recommendations of those
who have had the person under their supervision.
D.
The Review Committee shall have at least two members in attendance
to consider any matters before it. There must be two affirmative votes
for the Review Committee to take any action as outlined above. The
Review Committee shall promptly advise the prospective or current
volunteer coach whether he or she is qualified to serve as such.
E.
Any volunteer coach who is disqualified by the Review Committee may
appeal that decision to the governing body of the Borough of Leonia.
Such appeal must be filed, in writing, with the Borough Clerk within
20 days of receiving the decision of the Review Committee.
F.
When the Department receives a letter of nonrecommendation from the
VRO, the Department may file that letter and keep the written notification
on file for three years from the date it was issued.
G.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Department pursuant to the provisions of this article.
