[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington as indicated in article histories. Amendments noted where applicable.]
§ 124-2 Nonsponsored youth programs: criminal background checks required for use of municipal facilities.
[Adopted 2-16-2012 by Ord. No. 2012-4]
As used in this article, 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 name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and/or the New Jersey State Bureau of Identification in the Division of State Police.
- MUNICIPALITY/TOWNSHIP/BOROUGH/TOWN/CITY or MUNICIPAL
- The Borough of Wallington, in the County of Bergen, State of New Jersey,
- MUNICIPAL-SPONSORED YOUTH PROGRAMS
- Any program sponsored by the Borough of Wallington, including any municipal employees, volunteer organizations created by the municipality, and all leagues, boards, committees and commissions affiliated with, falling within the purview, or acting for or on behalf of the Borough of Wallington and having contact with persons under the age of 18 years.
- NONSPONSORED YOUTH PROGRAM
- Any youth program not sponsored by the Borough of Wallington but that utilize municipal facilities or have affiliation with a municipal-sponsored youth program and having contact with persons under the age of 18 years.
- YOUTH PROGRAM
- Any program that allows for participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting or athletic activities, passive recreation groups, clubs or camps and trips or other activities whereby some control and responsibility for children is assigned to some person acting for or on behalf of a municipal-sponsored youth program or nonsponsored youth program, other than a parent or caregiver.
§ 124-2 Nonsponsored youth programs: criminal background checks required for use of municipal facilities.
Prior to any club or organization not defined as a municipal-sponsored youth program being authorized to use municipal-owned facilities for functions participated in by children, all adults (those persons 18 years of age or older) in any way assisting in the function, including, but not limited to, coaches, assistant coaches or similar positions, must provide the Borough's Chief of Police or designee, or other chief law enforcement officer of the municipality with findings of a criminal history background check obtained from the State Bureau of Identification in the New Jersey State Police.
The submission of background check findings must be based upon a check performed within three years of the start of use of the municipal-owned facility. In the case of coaches performing duties as employees of a school district, the policy of background checks adopted by the individual school district shall be used to establish eligibility for use of municipal-owned facilities. In all cases, the background check must comply with the provisions of any applicable laws regarding same, but not less detailed than those performed by the municipality for individuals involved in administering municipal-sponsored youth programs. All fees for individuals not administering a nonmunicipal-sponsored program shall be borne by the individual or program with which they are participating,
All adults (those persons 18 years of age or older), including, but not limited to, coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth, and in any way assisting in a municipal-sponsored function participated in by children, shall submit sufficient information on forms supplied by the Borough's Police Department or other enforcement authority from the New Jersey State Police for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police. Applications for background checks shall be processed by the Borough's Chief of Police or other chief law enforcement authority of the municipality.
Based upon the Memorandum of Understanding executed between the Borough of Wallington and the New Jersey State Police, the individual applying for the background check shall authorize the Borough's Chief of Police or other chief law enforcement officer of the municipality to be the recipient of the response from the State Police based upon the findings of the background check. Individuals involved in a municipal-sponsored youth function, and who are required to undergo background checks based upon this article, shall not be responsible for the costs involved with obtaining the criminal background check. The municipality shall bear the costs for the background checks for individuals qualified under this section.
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this article for that league or program. The president or leader of each recreation program shall file an annual roster of individuals that are required to participate in the background check procedures of this article. The roster shall be on forms supplied by the municipality and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this article and laws regarding false swearing.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Borough's Chief of Police or designee, other chief law enforcement officer of the municipality shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Borough's Chief of Police or other chief law enforcement officer is based upon § 96-4B of this article. Details in the background check that result in a negative determination by the State Police are not afforded to the Borough's Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Borough-owned facilities. Such offenses shall include, but not to be limited to:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses 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;
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;
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;
Any 4th degree offense or higher.
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.
The list of crimes and violations contained in this section is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.
Refusal by individuals required to submit to background checks will result in an immediate dismissal of the individual from any municipal-sponsored activities requiring background checks. In addition, refusal to comply with this article by any individual falling within the scope of requirements for nonsponsored youth programs will forfeit that individual's ability to participate with the respective program. Refusal of a nonmunicipal-sponsored youth program to subscribe to the requirements of this article shall forfeit that program's ability to use municipal facilities.
All nonsponsored youth programs that have individuals subject to this article shall supply background checks for all of its participants prior to the individual being able to participate at any function at a municipal-owned facility to the extent covered by this article. Thereafter, every three years a new background check shall be submitted to the Chief of Police, Borough Administrator or Borough Attorney.
Municipal-sponsored youth programs.
All municipal-sponsored youth programs that have individuals subject to this article shall direct those individuals to the Chief of Police for background checks prior to the individual being able to participate at any function sponsored by the Borough of Wallington. Thereafter, every three years a new background check shall be submitted to the Borough's Chief of Police or other chief law enforcement officer.
Individuals involved in municipal-sponsored youth programs who are required to undergo background checks shall be given an interim approval for participation only after submission to the Division of State Police for a background check. Interim approvals shall only be valid for the period of time that it takes to receive background check results. Such interim approval shall not be valid for a period of time exceeding 45 days. Only one interim approval may be granted per individual.
Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.
Appeal regarding accuracy of record. A person may challenge the accuracy of the criminal history record.
A challenge to the accuracy of the report shall be filed with the Borough's Chief of Police or other chief law enforcement officer, who shall coordinate the challenge with the New Jersey State Police.
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
No person may appeal a disqualification on the grounds of rehabilitation if convicted of a 4th degree offense or higher, if the person has been disqualified because that person has 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 subsection b. of N.J.S.A. 2C:14-3, 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 (4) of subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
Appeals committee. An appeal based on rehabilitation shall be made to an appeals committee, which shall consist of the Chief of Police, the president or administrator of the municipal recreation program and the Municipal Attorney. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
Rehabilitation criteria. In determining whether a person has affirmatively demonstrated rehabilitation, the appeals committee shall consider the following factors:
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
The nature and seriousness of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated incident;
Any social conditions which may have contributed to the offense; and
Any other evidence of rehabilitation, including good conduct in prison or the community, 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.
If the appeals committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the Borough's Chief of Police or other chief law enforcement officer of the municipality.
Any and all criminal background checks supplied to the Borough's Chief of Police or other chief law enforcement officer shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The Chief of Police or other chief law enforcement officer of the municipality shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under the common law or the New Jersey Right to Know Law. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose, and thereafter shall be destroyed.
Editor's Note: See N.J.S.A. 47:1A-1 et seq., the Open Public Records Act.
Access to criminal history record 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, local ordinance or resolution regarding obtaining and disseminating of criminal history record information obtained under this section.
The review committee shall limit its use of criminal history record information solely to the individual for which it was obtained, and the criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. This information 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 records information may be subject to criminal and/or civil penalties.
Failure to comply with this article may result in the municipality withholding funding for the nonprofit youth-serving organization, prohibiting the use of facilities, or withholding funding for facility maintenance.
Any individual who has been advised, verbally or in writing, of his/her disqualification to participate and continues to participate, upon conviction thereof in a proceeding before a court of competent jurisdiction, shall be subject to a fine of not less than $250 and not more than $2,500. Each continuing violation of this article shall constitute a separate offense.