[Adopted by Ord. No. 05-06 (Ch. 3, Sec. 3-22, of the 1978 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
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 the State Bureau of Identification in the Division of
State Police.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey 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 in the Township
of Denville for persons younger than 18 years of age, and is exempt
from federal income taxes.
Any unpaid person involved with programs serving youths that
are organized by the Township or by any Township-based organization
that utilizes Township facilities or receives Township funding who
has unsupervised direct access to youths under the age of 18 years
as a result of their involvement with the program or organization.
A.
Any person 18 years of age or older at the time of commencement of
participation as an employee, other than a Township employee, or volunteer
in any youth activity for any program that is organized by the Township
or any Township-based organization that utilizes Township facilities
or receives Township funding must undergo a mandatory background record
check. Applicants who fail to submit their fingerprints or otherwise
refuse to consent to or cooperate in securing a criminal history check
shall not be considered for appointment.
B.
All volunteers and all employees and volunteers of nonprofit youth
serving organizations subject to this article shall request through
an independent agency designated by the Township, which agency must
be registered with the Volunteer Review Operations for such purpose
("registered agency"), that the State Bureau of Identification (SBI)
in the Division of State Police conduct a criminal history record
background check on each prospective and current employee or volunteer
of the organization. The criminal history record background check
shall be conducted only upon receipt of the written consent to the
background check from the prospective or current employee or volunteer.
The Volunteer Review Operations program processes the applicant fingerprint
cards, reviews records and responds to the registered agency with
a letter reporting a recommendation of approval or denial, based on
the disqualifiers enumerated in N.J.S.A. 15A:3A-1 et seq. Neither
the registered agency nor the Township shall receive a copy of the
applicant's criminal history record.
C.
Nonprofit youth-serving organizations who have obtained criminal
history record checks pursuant to the Volunteer Review Operations
program within the prior six months may submit the recommendations
of the Volunteer Review Operations for each volunteer and employee
and additional background checks shall not be required.
D.
The Township shall bear the costs associated with conducting criminal
history background checks by the registered agency.
E.
Any organization using Township facilities for a multiday event which involves any youth activity or program that is not otherwise subject to Subsection A of this section must submit satisfactory proof to the Director of Recreation that an acceptable criminal history background check based on fingerprints was received, within the prior six months, for each person 18 years of age or older participating in the event. Any such organization shall be required to indemnify the Township for any liability or claims as a result of the organization's activities in or on Township facilities. Any such organization that fails to comply with the requirements of this subsection shall not be permitted to use Township facilities.
In order to participate in any youth program organized by the
Township or any Township-based organization that utilizes Township
facilities or is funded by the Township, the result of the criminal
history background check of a volunteer or employee subject to the
terms of this article must be a recommendation of approval from the
Volunteer Review Operations. The registered agency designated by the
Township shall notify each volunteer and employee and the Recreation
Director of the status of their respective criminal history record
check.
A person whose primary residence does not change must renew
his/her enrollment in the background record check program every three
years if the person wishes to continue as a volunteer or employee
within the youth program within the Township. Any person who changes
his or her residence must undergo the full mandatory record check
in order to be requalified. Notwithstanding the above, the Director
of Public Safety may, on a random basis, require volunteers or employees
to consent to criminal history background checks at any time while
participating as a volunteer or employee in any youth program subject
to this article.
Any celebrity guests will be allowed to participate in programs
within the Township so long as they are under the supervision of an
adult approved pursuant to this article. Further, this article does
not apply to volunteers and employees of teams and/or organizations
that are not based in the Township of Denville.
The Township Administrator or designee and the Recreation Director
shall be responsible for coordination and administration of the criminal
history background check program pursuant to this article.
Pending receipt of the results of the criminal history record
check information, a current or prospective volunteer or employee
may continue to volunteer or begin volunteering for a period of six
months after the effective date of this article unless the Township
receives prior notice of a negative criminal history background check
result which would disqualify the volunteer or employee. Thereafter,
a prospective volunteer or employee may begin volunteering, pending
receipt of the results of the background check, provided that their
access to youths is supervised on site by another adult approved pursuant
to this article.
A.
If the VRO letter recommends that an applicant be denied due to their
criminal history record, the Recreation Director shall provide the
applicant with a reasonable opportunity to obtain their own record
from the SBI and review and challenge the accuracy of the information
contained in their criminal history record through SBI.
B.
At the option of the applicant, the applicant may obtain a copy of
their criminal history record and submit it to the Township with a
petition to approve their application. Such a petition must be considered
by an appeal board consisting of the Director of Public Safety, the
Chief of Police and the Recreation Director within 30 days of the
receipt of the petition. The appeal may be granted if the person has
affirmatively demonstrated to the appeal board clear and convincing
evidence of the person's rehabilitation. In making this determination,
the board shall consider the following:
(1)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be.
(2)
The nature and seriousness of the offense.
(3)
The circumstances under which the offense occurred.
(4)
The date of the offense and the age of the person when the offense
was committed.
(5)
Whether the offense was an isolated or repeated incident.
(6)
Any evidence of rehabilitation, including good conduct in prison
or in 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.
