[HISTORY: Adopted by the City Council of the City of Camden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-28-2006 by Ord. No. MC-4217 (Ch. 192, Art. I,
of the 1987 Code)]
Criminal history background checks of person with unsupervised
direct access to minors of youth serving recreation organization.
As used in this article, the following terms shall have the
meanings indicated:
City provision of funding or facility, including maintenance
of facility.
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.
The City of Camden Police Department.
A three-member committee consisting of the Supervisor of
Recreation, Chief of Police and the Municipal Clerk or his/her designee.
The committee shall be charged with the review of all appeals by any
employee or volunteer whose criminal history background check reveals
a disqualifying criminal conviction.
[Amended 12-10-2019 by Ord. No. MC-5232]
Recreation run directly by the City of Camden Human Service
Department, including oversight, control and/or fiscal contribution.
To have total direction and oversight of the performance
of others.
Not supervised or under constant observation.
Any person involved with a City of Camden-sponsored or -cosponsored
sports program or league who has regular unsupervised direct access
to minors as a result of their involvement with the organization.
A corporation, association or other organization, including
those with nonprofit status and which provide recreational-related
activities or services for persons younger than 18 years of age in
connection with City of Camden-sponsored or -cosponsored sports programs
or leagues.
A.Â
The City of Camden requests that all employees and volunteers of
a youth-serving recreation organization request through the City of
Camden Police 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. There shall be a thirty-day grace period for each new
employee or volunteer of the youth-serving organization to make application
for this criminal history record background check. All coaches must
have their fingerprinting and applications completed by the end of
the thirty-day grace period.
B.Â
The City of Camden shall conduct a criminal history record background
check only upon receipt of the written consent for the check from
the prospective or current person with direct unsupervised access
to minors.
C.Â
The organization shall bear the costs associated with conducting
a criminal history background check in accordance with the fees established
by the State Bureau of Identification in the Division of State Police
and in accordance with N.J.S.A. 15A:3A-2(d).
D.Â
The Division of State Police should inform the City of Camden Police
Department whether the person's criminal history record background
check reveals a conviction of a disqualifying crime or offense specified
in this article. Any information received by the City of Camden Police
Department shall be confidential.
E.Â
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, is
exempt from the requirement hereunder until three years have elapsed
since the most current background check.
A person must be disqualified from serving as an employee or
volunteer of a youth service recreation organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
A.Â
In New Jersey, any crime or disorderly persons offense:
(1)Â
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, 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;
(2)Â
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;
(3)Â
Involving theft as set forth in Chapter 20 of Title 2C of the New
Jersey Statutes;
(4)Â
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 25 of Title 2C of the New Jersey Statutes
except paragraph (4) of subsection (a) of N.J.S.A. 2C:35-10.
B.Â
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 this section.
A.Â
Prospective or current employees or volunteers of youth-serving recreation
organizations shall submit their name, address, fingerprints and written
consent to the organization for the criminal history record background
check to be performed. The organization shall submit this documentation
to the Police Department through the Chief of Police, who shall coordinate
the background check and refer the information to the State Police
and FBI for the initial check. Thereafter, all subsequent background
checks shall be submitted to the City of Camden Chief of Police, who
shall coordinate a background check every three years after the date
of the initial check.
B.Â
The City of Camden Police 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.Â
Access to criminal history records information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by federal or state
statute, rule or regulation, executive order, administrative code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this article.
B.Â
The review committee shall limit its use of criminal history record
information only to the authorized person 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.Â
If a criminal history record may disqualify an employee or volunteer
for any purpose, the review committee's determination shall be
provided to the employee or volunteer with an opportunity to complete
and challenge the accuracy of the information contained in the criminal
history record. The employee or volunteer shall be afforded a reasonable
period of time to correct and complete this record. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record. The New Jersey State Police
shall make the initial recommendation, based solely on the New Jersey
state statutes, to the Police Department who shall promptly notify
information to the review committee. They shall advise the review
committee whether or not the volunteer is being recommended. The review
committee will receive a preprinted form on each individual submitted
to the State Police for a background check. One form will be for recommendation
and the other will be for rejection. If there is a rejection, the
review committee may still allow the employee or volunteer to participate.
The New Jersey State Police will make a recommendation based on the
record only. It is within the review committee's discretion to
overturn the decision of New Jersey State Police recommendation.
B.Â
The review committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check revealed
a disqualifying conviction. The person shall have 30 days from the
receipt of that notice to petition the review committee for a review
and cite reasons substantiating the review.
C.Â
Notwithstanding the provision of § 277-4 of this article, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the review committee. In determining whether a person has affirmatively demonstrated rehabilitation, the review committee shall consider the following factors:
(1)Â
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)Â
The nature and seriousness of the offense;
(3)Â
The circumstances under which the offense occurred:
(4)Â
The date of the offense;
(5)Â
The age of the person when the offense was committed;
(6)Â
Whether the offense was an isolated or repeated incident;
(7)Â
Any social conditions which may have contributed to the offense;
and
(8)Â
Any evidence of rehabilitation, including good conduct, counseling
or psychiatric treatment received, acquisition of additional academic
or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had
the person under their supervision.
D.Â
The review committee shall promptly advise the organization, in writing.
If a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
E.Â
This section shall not apply to persons who have been convicted,
adjudicated delinquent or acquitted by reason of insanity of aggravated
sexual assault; sexual assault; aggravated criminal sexual contact;
kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A.
2C:13.1; endangering the welfare of a child by engaging in sexual
conduct which would impair or debauch the morals of the child pursuant
to subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a
child pursuant to paragraph (4) of subsection b. of N.J.S.A. 2C:24-4;
luring or enticing pursuant to section 1 of P.L. 1993, c. 291 (N.J.S.A.
2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if
the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2; or
false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a
minor and the offender is not the parent of the victim; knowingly
promoting prostitution of a child pursuant to paragraph (3) or paragraph
(4) of Subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit
any of these enumerated offenses.
F.Â
When the review committee receives written notification from the
Police Department stating whether the criminal history record background
check of a current or prospective employee or volunteer performed
pursuant to the provision of N.J.S.A. 15A:3A-4 reveals a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this act, the organization or review committee
may file that written notification with the Police Department.
G.Â
The Police Department shall keep the written notification on file
for three years from the date it was issued.
H.Â
The review committee may request the Police Department to review
its files to determine if there is written notification on file stating
whether a criminal history record background check of a current or
prospective employee or volunteer revealed a disqualifying offense
or stating that the person has affirmatively demonstrated rehabilitation
under this article. A current or prospective employee or volunteer
shall not be required to submit to another criminal history record
background check if such written notification was issued within the
past three years.
I.Â
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 Police Department pursuant to the provisions of this article.
Failure to comply with this article may result in the City of
Camden withholding funding for the program or league, prohibiting
the use of facilities and/or prohibiting the use of facility maintenance.