[Adopted 2-11-2013 by Ord. No. O-4-13[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
III, Background Checks for Prospective Employees and Volunteers, adopted
10-14-2008 by Ord. No. O-27-08.
As used in this section, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record
by cross-referencing that person's individual data with those on file
with the Federal Bureau of Investigation, Identification Division,
and the State Bureau of Identification of the Division of State Police.
All full-time, part-time and seasonal employees of the City
of Rahway.
Recreation programs run directly and jointly by the Municipality,
including oversight, control and/or fiscal contribution, or any organization
that utilizes municipal facilities or property.
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
A person who has direct, nonsupervised and ongoing interaction
in the course of his/her service with minors. This includes, but is
not limited to, a coach, assistant coach and manager of a team.
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.
Any corporation, association or other organization which
provides recreational, cultural, charitable and social activities
for persons younger than 18 years of age.
A new applicant for employment with the City, or a person who
volunteers for service with the City in a position that requires a
criminal background check, shall be required to submit to the following,
pursuant to N.J.S.A. 40:48-1.4:
A.
A criminal background check; and
B.
A fingerprint check in accordance with applicable state and federal
laws, rules and regulations.
(1)
The Business Administrator, or his/her designee, shall be authorized
to exchange fingerprint data with and receive criminal history information
from the State Bureau of Identification (SBI) in the Division of State
Police and the Federal Bureau of Investigation.
(2)
In order to obtain criminal history record information under
this article, the Business Administrator, or his/her designee, shall
submit fingerprint data to the State Bureau of Identification. The
SBI shall receive all criminal history record information from the
Federal Bureau of Identification and shall disseminate that information
to the Business Administrator or his/her designee.
A.
The City of Rahway requires that all volunteers of youth-serving
organizations involved in sponsored programs and/or utilizing the
Municipality's recreational facilities request through the City of
Rahway Recreation Department that the State Bureau of Identification
and the Federal Bureau of Investigation (FBI) conduct a criminal history
record background check on each prospective and current coach of nonprofit
youth-serving organizations 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 volunteer until the results of the
background checks have been received and reviewed by the Director
of Recreation.
B.
The City of Rahway Recreation Department shall conduct the criminal
history record background check(s) only upon receipt of the written
consent to the check(s) from the prospective or current volunteer
or from the organization itself.
C.
The VRO shall advise the Recreation Department Director of the eligibility
of the prospective or current coach. Any information received by the
Recreation Director shall be confidential.
D.
The organization shall bear the costs for conducting such checks
for prospective or current coaches participating in sponsored programs
in accordance with the regulations established by the VRO. Once annually,
the City of Rahway may reimburse appropriate organizations for up
to 50% of the total background check expenses for the previous year.
A.
Prospective volunteers of youth-serving organizations for sponsored
programs and/or for utilizing municipal recreational facilities shall
submit to the organization a signed consent form containing the necessary
information for the criminal history record background check to be
performed. The organization shall submit this documentation to the
City of Rahway Recreation Department, which shall coordinate the background
check and refer the information to the VRO for the background check.
Thereafter, the Municipality shall conduct periodic background checks
after the date of the initial background check, but not less than
every 36 months. Organizations will bear the cost of the renewal background
checks, and the Municipality may once annually reimburse organizations
for up to 50% of said expenses.
B.
The City of Rahway Recreation 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.
A person may be disqualified from serving as a volunteer of a nonprofit
youth serving organization if that person's criminal history record
background check reveals a record of conviction of any of the following
crimes and offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats and stalking; N.J.S.A. 2C:13-1 et seq., such
as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or
N.J.S.A. 2C:15-1 et seq., such as robbery.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of a child.
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes.
B.
In addition, a person may be disqualified from serving as a volunteer
of a nonprofit youth-serving organization if such individual fails
to consent to submit to a criminal history record background check
pursuant to this article, or for any other reasonable documented cause.
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 City of Rahway
Recreation Department with a letter of recommendation or nonrecommendation
for each individual for whom the VRO completed a background check.
B.
The Recreation Department shall promptly notify a prospective volunteer
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 as a volunteer. Such individuals may obtain
a copy of their criminal history record by contacting the VRO in writing.
The individuals shall then have 30 days from the receipt of notification
from the City of Rahway Recreation Department to petition the appeals
committee consisting of the Director of the Recreation Department,
the Municipal Administrator or Mayor's Designee, and the Rahway Police
Chief 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 if they request a copy of
their criminal record, and submit a copy of the criminal record with
a letter requesting reinstatement to the appeals committee. In determining
whether a person should be reinstated, the appeals committee may consider
the following factors in conjunction with the provisions of N.J.S.A.
15A:3A-1 et seq.:
D.
In all instances, the final determination of whether an individual
will be permitted to serve as a volunteer utilizing the municipal
recreational facilities will lie in the sole discretion of the appeals
committee, which must vote unanimously.
E.
The appeals committee shall promptly advise the prospective volunteer
whether he or she is qualified.
F.
When the Municipal Recreation Department receives a letter of nonrecommendation
from the VRO, the Recreation Department shall file that letter within
its Department, and it shall keep the written notification on file
for three years from the date it was issued.
The exemptions under this article include any person who, by
virtue of his or her occupation, is required by statute to undergo
a federal and state criminal history record background check similar
in nature to the requirements contained herein and who can provide
proof of the results of such background check; such person shall be
exempt from the requirement hereunder if such check was conducted
within the past year. After such demonstration of proof of compliance,
such individual shall then be subject to subsequent checks pursuant
to this article.
A.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to authorized
personnel, 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 obtaining and dissemination
of criminal history record information obtained under this article.
B.
Such persons 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. Any person violating the federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
Any violation of this article by a youth-serving organization
is considered a serious threat to the health and life of the youth
of the City of Rahway. As a result, upon violation, the Municipality
may suspend or terminate use of municipal facilities, and the youth-service
organization and the officer who executed the affidavit shall be subject
to fines and other penalties. In determining the remedy, such factors
as whether the breach was intentional, the severity of the noncompliance,
and the good-faith steps taken to cure the violation should be considered.
