Borough of Wood-Ridge, NJ Article III Board of Recreation Commissioners

[Adopted 12-26-1975 by Ord. No. 700 as § 2-14 of the 1975 Revised General Ordinances (Ch. 68, Art. I, of the 1986 Code); amended in its entirety 12-22-2015 by Ord. No. 2015-26]

§ 10-5 Establishment.

A Board of Recreation Commissioners is hereby established, which shall consist of seven members and two alternate members, who shall be designated Alternate Member No. 1 and Alternate Member No. 2, respectively. All members and alternate members shall be citizens and residents of the Borough of Wood-Ridge.

§ 10-6 Appointment of members; terms of office; vacancies; compensation.

A. The Mayor, in his or her discretion, shall appoint the members and alternate members of the Board of Recreation Commissioners. All appointments of members shall be for a term of five years, and vacancies shall be filled for the unexpired term only; so that, in no event, may the terms of both alternate members expire in the same year. Upon first being established, the term of Alternate Member No. 1 shall be five years and the term of Alternate No. 2 shall be four years so as to stagger the terms of said alternate members and vacancies shall be filled for the unexpired term only. After initial establishment and appointment, the term of both alternate members shall be five years. The alternate members shall have the right to attend and participate in all meetings of the Board and its subcommittees, including any closed executive sessions, but may not vote except in the absence or disqualification of a regular member of the Board of Recreation Commissioners, and in such event, Alternate No. 1 shall have precedence in voting. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. The members and alternate members shall receive no compensation for their services.

B. The Borough Council shall appoint one of its members to serve as liaison to the Board of Recreation Commissioners for a term of one year from January 1 to December 31. The Council Liaison shall have the right to attend and participate in all meetings of the Board and its subcommittees, including any closed executive sessions, but shall not have a vote unless he or she is also a member or alternate member of the Board of Recreation Commissioners.

§ 10-7 Manner of raising funds.

The Board of Recreation Commissioners may establish programs, services and activities for the enjoyment of the citizens and residents of the Borough and may charge a reasonable user fee for such programs, services and activities regardless of the age of any participants.

§ 10-8 Authority of Board; staffing of recreation areas and programs.

A. The Board may appoint a secretary or clerk and such number of custodians, supervisors and assistants needed for the staffing of the playgrounds, recreation places, programs, services and activities under its jurisdiction and shall fix and determine their salaries, provided that all such costs, unless otherwise funded by user fees, are subject to the annual appropriation of the Borough Council.

B. The Board shall allow for the participation in its programs, services and activities of persons who are not residents of the Borough if:

(1) Said persons are enrolled in a school within the Borough.

(2) Said persons reside in a municipality with which the Borough Council has authorized and approved a shared services and/or interlocal agreement.

§ 10-8.1 Criminal history background checks. [1]

[Added 6-17-2020 by Ord. No. 2020-6]

A. Applicability. This section applies to criminal history background checks of employees and volunteers involved with programs involving minors.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

BOROUGH-SPONSORED PROGRAMS

Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property and/or are covered under the Borough's insurance.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

A determination of whether a person has a criminal record by cross-referencing that person's name, date of birth, social security number and/or fingerprints with those on file with the Federal Bureau of Investigation, New Jersey State Police and any agency deemed necessary by the contracted entity appointed by the Borough of Wood-Ridge to obtain criminal history background information.

CRIMINAL HISTORY RECORD INFORMATION

Information collected by criminal justice agencies concerning persons and stored in the computerized databases of New Jersey courts and/or law enforcement agencies or other states' 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.

DEPARTMENT

The Borough of Wood-Ridge Police Department.

NONCRIMINAL JUSTICE PURPOSE

Any purpose, other than administration of criminal justice or a criminal justice purpose, including employment and licensing, for which applicant fingerprints or name search requests are submitted by authorized requesters, as required or permitted by a federal or state statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this section, to any law enforcement agency or other states' computerized repositories for the dissemination of criminal history record information.

NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION

A corporation, association or other organization established pursuant to Title 15 of the New Jersey Revised Statutes, Title 15A of the New Jersey Revised Statutes, or other law of this state, but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age and is exempt from federal income taxes.

C. Requests for criminal background checks.

(1) The Borough requires that all employees and volunteers of a nonprofit youth-serving organization request through the Department that the contracted entity conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. A criminal history record background check at the same level performed by the same third-party independent agency contracted by the Borough within one year of the date of application to serve as an employee or volunteer of a nonprofit youth-serving organization shall be accepted by the Borough as a valid criminal history record background check.

(2) The Borough shall facilitate a criminal history record background check only upon receipt of the written consent from the prospective or current employee or volunteer.

D. Conditions for disqualification from service.

(1) A person may be disqualified from serving as an employee or 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 or offenses:

(a) In New Jersey, any crime or disorderly persons offense:

[1] N.J.S.A. 2C:11, homicide: all offenses.

[2] N.J.S.A. 2C:12, aggravated assault; endangering; threats: all offenses.

[3] N.J.S.A. 2C:13, kidnapping: all offenses.

[4] N.J.S.A. 2C:14, sexual offenses: all offenses.

[5] N.J.S.A. 2C:15, robbery: all offenses.

[6] N.J.S.A. 2C:24, offenses against the family, children and incompetents: all offenses.

[7] N.J.S.A. 2C:35, controlled dangerous substances: all offenses except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.

(b) 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 D(1)(a).

(2) For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a nonprofit youth-serving organization and/or the employee or volunteer involved with Borough-sponsored programs involving minors, the Borough shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record.

(3) The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough of Wood-Ridge. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Administrator that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection H.

E. Submission and exchange of background information.

(1) Prospective or current employees and volunteers of nonprofit youth-serving organizations and/or employees and volunteers of Borough-sponsored programs involving minors shall submit their names, addresses, 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 designated contracted entity, which shall coordinate the background check. Thereafter, all subsequent background checks shall be submitted to the designated contracted entity every three years after the date of the initial check.

(2) The contracted entity 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 section.

(3) The Borough may, in its discretion, engage the services of a qualified entity to conduct the criminal history record background checks authorized under this section.

F. Limitations on access and use.

(1) Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel in the nonprofit youth-serving organization and/or the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, or local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this section.

(2) Such persons or organizations 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. 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. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

G. Challenge to accuracy of report. If this criminal history record may disqualify an applicant or existing employee or volunteer for any purpose, the Borough shall provide the disqualified person with an opportunity to challenge the accuracy of the information contained in the criminal history record. The disqualified person shall be afforded a reasonable period of time to challenge and correct this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.

H. Appeal process.

(1) Criminal background check appeal process. If the criminal background check disqualifies an employee or volunteer or denies the challenge concerning the accuracy of a criminal history report, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Borough of Wood-Ridge no later than 20 days after receiving the determination from the Borough Administrator. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.

(2) Criminal Background Check Appeal Panel. In order to monitor and supervise the enforcement of this section by the Borough Administrator, the Borough of Wood-Ridge hereby creates a Criminal Background Check Appeal Panel, which shall consist of three members: the Chief of Police, Borough Administrator and Borough Attorney.

(3) Powers of Appeal Panel. The Criminal Background Check Appeal Panel is granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to holding hearings and adjudicating appeals by employees and volunteers dissatisfied with the determination of the criminal background check concerning the disqualification of the employee or volunteer and/or the accuracy of the criminal history record.

[1] Editor's Note: The provisions herein originally appeared in Ch. 114, Art. III, of the Code, as adopted 4-11-2006 by Ord. No. 2006-2; and amended 10-20-2009 by Ord. No. 2009-22 (Ch. 68, Art. II, of the 1986 Code); and 12-7-2016 by Ord. No. 2016-26. Said provisions were relocated to this section pursuant to Ord. No. 2020-6.