[Adopted 12-28-2011 by Ord. No. 2011-24]
As used in this article, 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 programs not sponsored by the Township of Waterford
but that utilize municipal facilities or have affiliation with a Township-sponsored
youth program and have contact with persons under the age of 18 years.
TOWNSHIP-SPONSORED YOUTH PROGRAMS
Any programs sponsored by the Township of Waterford, including
the Waterford 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 Waterford 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 Waterford other than a parent
or caregiver.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Waterford 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 performance of their duty involving
youth programs.
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 Waterford Police Department Records
Bureau in the Criminal Investigation Section, which shall take custody
of and maintain such records, which shall not be available to the
public. The Waterford 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 Waterford 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 article. No Waterford Township official or employee shall
have access to the criminal background checks other than individuals
in the Waterford Township Police Department Records Bureau, whose
only access shall be to take custody of 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 Waterford Township Chief of Police shall be the contact
person for Waterford Township for the VRO Program of the State Police.
Any person violating or failing to comply with the provisions
of this article, 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.