[HISTORY: Adopted by the Township Council
of the Township of Galloway as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 261.
[Adopted 9-13-2005 by Ord. No. 1620; amended
in its entirety 4-8-2014 by Ord.
No. 1888]
As used in this article:
A determination of whether a person has a criminal record
by cross-referencing that person's name, fingerprints, social
security number and date of birth with those on file with the Federal
Bureau of Investigation, Identification (SBI) Division and the State
Bureau of Identification in the New Jersey State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the New Jersey
State Police SBI Criminal History Information System, the National
Law Enforcement Telecommunications Systems or other state computerized
repositories 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 Township of Galloway Department of Public Works.
[Amended 12-12-2017 by Ord. No. 1980-2017]
The Director of the Department of Public Works or the Director’s
designee.
[Amended 12-12-2017 by Ord. No. 1980-2017]
An individual 16 years of age or older who receives compensation
from the Township or a youth program to perform services for a youth
program and has the potential for unsupervised direct access to youth.
The response provided by the Department of Law and Public
Safety, Division of State Police, to the request for a criminal history
background check pursuant to N.J.S.A. 15A:3a-1 et seq.
An employee or volunteer who has completed a criminal history
background check revealing no disqualifying information.
Any youth program which receives benefits, either directly
or indirectly, including but not limited to the provision of funding
or equipment from the Township.
Any program which, while not directly sponsored by the Township
with funding, the providing of equipment or other benefits, uses Township
facilities, including but not limited to sports fields and Township
buildings.
Any individual 16 years of age or older who, on an uncompensated
basis, performs services for a youth program and has the potential
for unsupervised direct access to youth.
The unit located within the State Bureau of Investigation
in the New Jersey State Police that is responsible for administering
criminal background checks for volunteers and employees for youth
programs as specified in this article.
Any individual under 18 years of age.
Any program which allows for participation in activities
or services by persons under 18 years of age, including, but not limited
to, sporting activities, passive recreation groups, clubs, camps,
field trips, cultural organizations, social groups and other activities
or services. Specifically included are such organizations as volunteer
fire companies, emergency management and medical organizations and
ambulance squads. Specifically excluded by public and non public schools.
The cost of the background checks are to be borne by the volunteer
or employee or by the youth organization. The cost is the current
program fee as determined by the Volunteer Review Operation. Township
employees and volunteer Fire Company members, emergency medical personnel
(volunteer and paid), and participants in the office of Emergency
Management (O.E.M.) who require such a criminal background check as
a part of the employee's employment or volunteer duties shall
be reimbursed by the Township or its organization (EMS) for the cost
of the background check from a fund established by the Township. Only
a qualified participant may serve as an employee or volunteer of a
Township-sponsored or Township-supported youth program.
A.Â
A
person shall be disqualified from serving as an employee or volunteer
of a youth program if that person's criminal history record background
check reveals a record of conviction of any of the following crimes
or offenses:
2C:11
|
Homicide: all offenses
| |
2C:12
|
Assault; endangering; threats: all offenses
| |
2C:13
|
Kidnapping: all offenses
| |
2C:14
|
Sexual offenses: all offenses
| |
2C:15
|
Robbery: all offenses
| |
2C:20
|
Theft: all offenses
| |
2C:24
|
Offenses against the family, children and incompetents: all
offenses
| |
2C:35
|
Controlled dangerous substances: all offenses except Paragraph
(4) of Subsection a. of N.J.S.A. 2C:35-10
|
B.Â
Conduct in any other state or jurisdiction which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A of this section.
C.Â
Nothing
herein shall be construed to authorize an excluded sex offender as
defined in N.J.S.A. 2C:7-22 to serve as an employee or volunteer in
a youth organization or any other entity from which the excluded sex
offender is otherwise statutorily disqualified.
A.Â
The
Township requires that all employees and volunteers of youth programs,
either sponsored by the Township or supported by the Township, obtain
a criminal history background check, and no person shall be permitted
to act as an employee or volunteer of a youth program, either Township
sponsored or supported, until the results of the criminal history
background check have been received and approved by the Director.
[Amended 12-12-2017 by Ord. No. 1980-2017]
B.Â
Any
person who, through prior compliance with the background check requirements
of this article, must provide the written letter of approval, dated
within six months of the date of request. All others must complete
this article's criminal background check requirements.
C.Â
Notwithstanding
prior compliance with the requirements of this article, no individual
shall be permitted to continue as an employee or volunteer of a Township
sponsored or Township supported youth program unless the latest criminal
history background check provided to the Department of Community Services
was performed within the preceding five-year period.
D.Â
Current
members of a volunteer fire company, emergency management, emergency
medical organization or ambulance squad subject to this article who
have not complied with the requirement for a criminal history background
check shall have 60 days from the effective date of these amendments
to obtain the required criminal history background check. The Director
of the Department of Public Works may extend such deadline for good
cause shown.
[Amended 12-12-2017 by Ord. No. 1980-2017]
[Amended 12-12-2017 by Ord. No. 1980-2017]
A.Â
It
is the responsibility of each youth organization and its management,
including officers, directors and coaches, to ensure that all individuals
who serve as employees or volunteers of such youth program submit
and obtain a criminal history background check and are approved by
the Director as a qualified participant. Refusal or failure by any
individual required to submit to such a background check shall result
in immediate dismissal from any Township-sponsored youth program,
and the refusal or failure of any Township-supported youth program
to comply with the requirements of this article shall result in a
denial of the use of Township facilities.
B.Â
Scope
of services provided by the Galloway Department of Public Works:
(1)Â
Maintain current lists of all employees and volunteers of youth organizations
subject to this article and verify compliance on a continual basis.
(2)Â
The Director shall be responsible for the maintenance of all records
generated as a result of this article. All such information shall
be deemed confidential and maintained in a secure location. Such records
shall only be retained for such period of time as is necessary to
ensure compliance with this article.
A.Â
The
individual applying for the criminal history background check shall
authorize the Director of the Department of Public Works to be the
recipient of the affirmative or negative response from the State Police
Bureau of Investigation. If appropriate, the Director shall then proceed
to process the individual's identification card. If the individual
wishes to obtain a copy of the criminal history record itself, a request
must be submitted to the New Jersey State Police.
[Amended 12-12-2017 by Ord. No. 1980-2017]
B.Â
If
the individual believes that the result of the criminal history background
check is factually inaccurate or that the individual's criminal history
record is in some way factually inaccurate, the individual must contact
the New Jersey State Police directly.
C.Â
Neither the Director nor other individuals in the Township government are privy to the specific contents of the applicant's criminal history background check. However, the individual employee or volunteer may obtain a copy of the actual criminal history background check from the New Jersey State Police and may confidentially provide it to the Director for the purposes of an appeal pursuant to § 8-7.
A.Â
If
a disqualification notice from the State of New Jersey is received,
the volunteer or employee may obtain from the State Police a full
criminal history record and any dispute regarding the accuracy or
completeness of such record shall be directed to the State Police.
If, however, the individual disputes the appropriateness of the disqualification
notice on grounds other than the accuracy or completeness of the individual's
criminal history record, the individual may appeal the determination
by filing a written notice of appeal with the Director no later than
20 days after receiving the determination. Once an appeal notice is
received by the Director, a meeting with the Appeal Panel shall be
scheduled.
B.Â
There
is hereby established, pursuant to this article, an Appeal Panel consisting
of the Township Manager, the Township Chief of Police and the Director
of Public Works. Each individual will serve without compensation.
The Township Manager, the Chief of Police and the Director of Public
Works may select a designee to serve in their place on the Appeal
Panel; said designee must be an employee of the Township and not a
volunteer with Township youth organizations as defined within. All
Appeal Panel members shall serve without additional compensation.
A meeting of the Appeal Panel shall require at least two of its members
or designees to be present. Any decision of the Appeal Panel shall
require agreement by at least two members or their designees.
[Amended 12-12-2017 by Ord. No. 1980-2017]
C.Â
The
Appeal Panel shall meet with the individual who has filed an appeal
and review such information and documentation as may be submitted
for consideration. The Appeal Panel may, in its discretion, consider
evidence of rehabilitation if documented to the Appeal Panel by clear
and convincing evidence.
D.Â
The
Township Manager shall preside at the appeal and, if deemed appropriate,
may take testimony under oath. Technical rules of evidence shall not
be applicable and a verbatim recording is not required.
E.Â
The
determination of the Appeal Panel shall be final and not subject to
any further appeal. The Appeal Panel may, however, if deemed appropriate
by the Director of Public Works agree to reconsider a denied appeal
if the individual produces new or additional information.
[Amended 12-12-2017 by Ord. No. 1980-2017]
F.Â
The
Appeal Panel may establish such procedures as it deems appropriate
for the processing and hearing of appeals.