As used in this chapter, the following terms shall have the
meanings indicated:
BACKGROUND CHECK
A determination of whether a person has a criminal record,
record of domestic violence, and/or other court/administrative orders/rulings
which might negatively impact their fitness and suitability to participate
as a youth coach, youth stipend coach, and/or volunteer by cross-referencing
that person's name 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, the National
Crime Information Center, National Sex Offender Public Registry, and/or
Social Security Administration, or any such additional entities deemed
as necessary and proper in the sole, good faith opinion, and discretion
of the Borough Administrator.
BOROUGH
The Borough of Fort Lee, in the County of Bergen, State of
New Jersey.
MUNICIPAL-SPONSORED YOUTH PROGRAM AND MUNICIPAL-SPONSORED YOUTH
FUNCTION
Any program and/or function sponsored by the Borough of Fort
Lee, including any municipal employees, volunteer organizations created
by the municipality, and all leagues, boards, committees and commissions
affiliated with, falling within the purview of, or acting for or on
behalf of the Borough of Fort Lee and having contact with persons
under the age of 18 years.
NON-MUNICIPAL-SPONSORED YOUTH PROGRAM
Any youth program not sponsored by the Borough of Fort Lee,
but which utilizes municipal facilities/equipment or has affiliation
with a municipal-sponsored youth program and has contact with persons
under the age of 18 years.
YOUTH PROGRAM
Any program that allows for participation in activities by
those persons under the age of 18 years old. 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
for or on behalf of a municipal-sponsored youth program or non-sponsored
youth program, other than a parent or caregiver.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Borough shall be issued annual identification
cards with appropriate expirations based upon the date of their individual
background check.
Any person whose background check disqualifies that person from
employment or from volunteering or coaching may appeal his or his
disqualification.
A. Appeal regarding accuracy of record. A person may challenge the accuracy
of the background check and criminal history record.
(1) A challenge to the accuracy of the background check record shall
be filed with the Borough Administrator, who shall coordinate the
challenge when applicable.
(2) No person may appeal a disqualification on the grounds of accuracy
of the background check record, if convicted of a fourth-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 (3) 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:14-3(b) 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.
(3) Appeals process. An appeal based on accuracy of the background check
record shall be made to the Borough Administrator. The Borough Administrator
may call and cross-examine witnesses, present documentary evidence,
and be represented by counsel of their choosing, to submit written
argument(s) and reach a written decision, if they so request. Any
such appeal must be made within 30 days of receipt of the notice of
disqualification.
(4) If the Borough Administrator determines that the facts were inaccurate
so as to allow a disqualified person service, s/he shall enter the
person's name on the list of qualified employees, coaches and
volunteers that s/he maintains.
B. Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1) No person may appeal a disqualification on the grounds of rehabilitation,
if convicted of a fourth-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 (3) 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:14-3(b) 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.
(2) Appeals process. An appeal based on rehabilitation of the background
check record shall be made to the Borough Administrator. The Borough
Administrator may call and cross-examine witnesses, present documentary
evidence, be represented by counsel of their choosing, to submit written
argument(s) and reach a written decision, if they so request. Any
such appeal must be made within 30 days of receipt of the notice of
disqualification.
(3) Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Borough Administrator shall consider
the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense(s) was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Any other evidence of rehabilitation, including good conduct
in the community, counseling or psychiatric treatment received, successful
participation in correctional work-release programs, or the recommendation
of those who have had the person under their supervision.
(4) If the Borough Administrator determines that the disqualified person
has been successfully rehabilitated, or facts inaccurate so as to
allow them service, s/he shall enter the person's name on the
list of qualified employees, coaches and volunteers.