[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan 3-14-2006 by Ord. No. 06-05. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
COSPONSORED
Borough provision of funding or facilities, including maintenance of facilities.
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 the State Bureau of Identification in the Division of the State Police.
NONPROFIT YOUTH-SERVING ORGANIZATION
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 the state which is exempt from federal income taxes, excluding public and nonpublic schools, and which provides the sports-related activities or services for persons younger than 18 years of age in connection with the Borough of Raritan sponsored or cosponsored sports programs or leagues.
RUTGERS S.A.F.E.T.Y.
The Rutgers S.A.F.E.T.Y. Clinic (Sports Awareness for Educating Today's Youth™) is a three-hour program that meets the minimum standards for volunteer coaches' safety orientation and training skills programs (N.J.A.C. 5:52) and provides partial civil immunity protection to volunteer coaches under the "Little League Law" (N.J.S.A. 2A:62A-6 et seq.).
[Added 7-28-2015 by Ord. No. 2015-11]
SPONSORED
Programs or leagues run directly by the Raritan Recreation Commission, including oversight, control and/or fiscal contribution by said Commission or the Borough of Raritan.
SUPERVISED
You have the direction and oversight of the performance of others.
UNSUPERVISED
Not supervised or under constant observation.
VOLUNTEER
Any person involved with a Borough of Raritan sponsored or cosponsored sports program or league who has regular unsupervised direct access to minors as a result of their involvement with the organization.
[Amended 7-28-2015 by Ord. No. 2015-11]
A. 
The Borough of Raritan requires that all nonprofit youth-serving organizations request through the Raritan Police Department the performance of a criminal history record background check on each prospective or current employee or volunteer of the youth-serving organization.
B. 
The Raritan Recreation Committee, subject to appropriation by the Borough Council, shall bear the costs associated with conducting the criminal history background check.
C. 
The Raritan Recreation Committee shall be responsible for conducting criminal history background checks for any employees or volunteers in any programs offered by the Committee where such employees or volunteers shall have unsupervised direct access to minors.
D. 
The Raritan Police Department shall receive the results of all criminal history background checks and shall be charged with the duty of determining whether such prospective employee or volunteer may participate in the program for which he or she applies. Such determinations by the Raritan Police Department shall be within its discretion and shall not be appealable. The prospective employee or volunteer may not participate in any programs until such determination has been made.
E. 
Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and/or state criminal history background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirements hereunder until three years have elapsed since the most current background check.
F. 
In addition to successfully passing a criminal background check, successful completion of the Rutgers S.A.F.E.T.Y. course is required for all volunteer coaches.
A person may be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:
A. 
In New Jersey, any crime or disorderly persons offense which:
(1) 
Involves danger to the person, meaning those crimes or disorderly persons offenses as 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;
(2) 
Constitutes a crime or disorderly persons offense against family, children or incompetents, meaning those crimes or disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;
(3) 
Involves theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
(4) 
Involves any controlled dangerous substance or controlled substance analogue as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except N.J.S.A. 2C:35-10a(4) et seq.
B. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any other crimes or disorderly persons offenses described in this section.
[Amended 7-28-2015 by Ord. No. 2015-11]
A. 
Prospective or current employees or volunteers of nonprofit youth-serving organizations shall submit their names, address, fingerprints and written consent to the organization for the criminal history background check to be performed. The organization shall submit this documentation to the Raritan Police Department, which shall coordinate the background check. Background checks shall be performed every three years after the date of the initial background check.
B. 
The Raritan Police Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal background checks pursuant to this chapter. The Department shall keep written notification on file for three years from the date it was issued.
C. 
Access to criminal history record information for non-criminal-justice purposes, including licensing and employment, is restricted to the Chief of Police and/or his/her designee, and shall not be disseminated to the public other than to notify the Recreation Committee whether the volunteer passed the background check.
D. 
The use of the criminal history record information is solely for the purposes for which it was obtained, and it may not be disseminated to persons or organizations not authorized to receive the records for unauthorized 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. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
[Amended 7-28-2015 by Ord. No. 2015-11]
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Raritan Police Department pursuant to the provisions of this chapter.
[Amended 7-28-2015 by Ord. No. 2015-11]
The Raritan Police Department may contract with any outside company, business or service for the conduct of a criminal history record background check.
Where consistent with the context in which used in this chapter, words importing the singular shall include the plural; words importing the plural shall include the singular; and words importing one gender shall include all other genders.
Captions contained in this chapter have been inserted only for the purposes of facilitating reference to the various sections and are not intended and shall not be utilized to construe the intended meaning or the text of any section.
Failure to comply with this chapter may result in the Borough of Raritan withholding funding for the program or league, prohibiting the use of its facilities, and/or prohibiting the use of facility maintenance.