[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Editor's Note: This ordinance also superseded former Art.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:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
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.
EMPLOYEES
All full-time, part-time and seasonal employees of the City of Rahway.
SPONSORED PROGRAM
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.
STATE BUREAU OF IDENTIFICATION
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.
VOLUNTEER
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.
VOLUNTEER REVIEW OPERATION (VRO)
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.
YOUTH-SERVING ORGANIZATION
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.
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10.
(2) 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A(1) of this section.
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.:
(1) 
The nature and seriousness of the offense;
(2) 
The circumstance under which the offense occurred;
(3) 
The date of the offense;
(4) 
The age of the person when the offense was committed;
(5) 
Whether the offense was an isolated or repeated incident.
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.