[HISTORY: Adopted by the Township Council of the Township of Pohatcong 10-21-2014 by Ord. No. 14-16. Amendments noted where applicable.]
This chapter shall be known as "Background Checks."
As used in this chapter, the following terms shall have the meanings indicated:
CRIMINAL 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.
TOWNSHIP-OWNED FACILITIES
All property owned or leased by the Township of Pohatcong, including, but not limited to, the Municipal Building, all parks and playgrounds and open space.
YOUTH PROGRAMS
Any youth programs sponsored or unsponsored by the Township of Pohatcong that utilize municipal facilities and having contact with persons under the age of 18 years, including, but not limited to, youth sports leagues, clubs and camps.
A. 
Youth programs. Prior to any youth program being authorized to use Township-owned facilities for functions participated in by children under the age of 18 years, all adults 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 submit to a criminal background check through the Pohatcong Township Chief of Police or his designee. The Police Chief is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the New Jersey State Police, in accordance with N.J.S.A. 40:48-1.4.
B. 
Fees. There shall be no municipal fee for processing a criminal background check. Any fees payable to the State Bureau of Identification shall be paid directly by an applicant to the Bureau at the time of fingerprinting.
[Amended 4-7-2015 by Ord. No. 15-02]
C. 
Confidentiality. The results of any criminal background check obtained pursuant to this chapter shall remain confidential and shall not be disseminated beyond the Chief of Police and the Mayor and Council. Any individual who has submitted to a criminal background check shall have the right to review the results of same.
A. 
Any individual that refuses to submit to a criminal background check as required by this chapter shall be barred from utilizing municipal facilities as a participant with any such youth program.
B. 
In the event a criminal background check reveals any prior convictions for crimes involving children, including all crimes subject to Megan's Law registration, said individual shall not be qualified to participate in any capacity whatsoever with any youth program utilizing municipal facilities.
C. 
With respect to a criminal background check that reveals any record of conviction other than as set forth in Subsection B above, the Mayor and Council, in consultation with the Chief of Police, shall determine whether to disqualify an individual associated with the volunteer program in the sound discretion of the Mayor and Council. The Mayor and Council may consider all relevant information, including, but not limited to, the nature and responsibility of the position the individual would assume, the nature and seriousness of the offense and its date, the age of the individual when the offense was committed, whether the offense was isolated or a part of a series of convictions, and the individual's record of community service and participation within the Township of Pohatcong.
[Amended 4-7-2015 by Ord. No. 15-02]
A. 
All league officers or other individuals in charge of youth programs shall submit an annual roster of individuals associated with each youth program that is subject to this chapter. Each individual identified by a youth program shall be approved to utilize municipal facilities on an interim basis subject to receipt and review by the Chief of Police of a criminal background check. A new criminal background check shall be required by each such individual every five years. The Chief of Police shall have the discretion to accept documentation of a passing background check that is less than five years old in lieu of requiring a new background check. He shall have the further discretion to require a new background check at any time if there is reasonable cause to believe that any individual has been convicted of a crime subsequent to being processed for and successfully clearing a criminal background check undertaken pursuant to this chapter.
B. 
All persons required to submit to a criminal background check under this chapter shall, upon successfully clearing the background check, be issued by the Chief of Police an identification card confirming their eligibility to volunteer, which said card shall be maintained in the possession of all volunteers at all times while interacting with youth at any municipal field or facility.