[HISTORY: Adopted by the Township Council of the Township
of Verona 10-20-2008 by Ord. No.
13-08 (Ch. 66 of the 1981 Code). Amendments noted
where applicable.]
For purposes of this chapter, the following terms shall have
the meanings indicated:
A committee consisting of the Township Manager, Director
of Recreation, and the Verona Police Chief. It shall be charged with
the review of all appeals filed by any employee or volunteer who is
disqualified from service in a program resulting from a criminal history
record background check.
Any program, including but not limited to nonprofit youth-serving
organizations as defined below, that receives benefits, either directly
or indirectly, including, but not limited to, the provision of funding
and/or the provision of fields, facilities, and/or equipment (and
including the maintenance of same), from the Township of Verona.
A review and determination as to whether a person has any
prior criminal record by cross-referencing that person's name
and/or fingerprints with those on file with the Federal Bureau of
Investigation, Identification Division, and the Bureau of Identification
of the New Jersey State Police.
An individual who receives compensation from the Township,
from a private entity, or from a nonprofit entity, monetary or otherwise,
which compensation results from his or her employment with, or employment
in, a youth activity as defined below.
An employee or volunteer who has completed a criminal history
record background check revealing no disqualifying convictions.
Any program offering recreational, cultural, charitable,
social and/or other activities or services for persons younger than
18 years of age, including, but not limited to, sports leagues that
are funded and/or administered, in whole or in part, by the Township
of Verona.
Any individual who does not receive compensation from the
Township, from a private entity or from a nonprofit entity, monetary
or otherwise, which compensation results from his or her involvement
with or employment by a youth service organization or Verona youth
program, but who still involves himself or herself with such program
and provides his or her services without such compensation.
A corporation, association or other organization established
pursuant to the laws of this state, but excluding public and nonpublic
schools, which provides recreational, cultural, charitable, social
or other activities or services for persons younger than 18 years
of age and is exempt from federal income taxes.
A.
The Township requires that all youth-serving organizations involved
in cosponsored programs or Verona youth programs request through the
Director of Recreation that a criminal history record background check
be conducted on each prospective and current employee and/or volunteer
of the organization.
B.
No prospective employee or volunteer will be permitted to commence
service prior to the completion of the criminal history record background
check process.
C.
An employee or volunteer required by this chapter to undergo a criminal
history record background check who refuses to consent to this procedure
shall not participate in any youth-serving organization or Verona
youth program.
D.
The costs(s) incurred for the criminal history record background
check shall be the responsibility of the Township.
A.
Any youth-serving organization or Verona youth program seeking to
employ or engage an employee or volunteer required to undergo a criminal
history record background check pursuant to this chapter shall submit
a list of such employees and volunteers currently serving the organization
and a list of all prospective employees and volunteers to the Director
of Recreation.
B.
All employees and volunteers included on the aforementioned lists
shall submit their name, address, date of birth, written consent and
any other data deemed necessary by the Director of Recreation.
C.
The Director of Recreation shall act as a clearinghouse for the collection
and dissemination of nonconfidential information obtained as a result
of conducting criminal history record background checks pursuant to
this section, while the Verona Police Chief will maintain all confidential
information.
Notwithstanding prior compliance with this chapter, no individual
shall be permitted to continue as an employee or volunteer in any
capacity unless the latest criminal history record background check
on file with the Director of Recreation was performed within a period
of time designated by the Township Manager.
A.
The Township of Verona shall conduct a criminal history record background
check on each prospective and current volunteer/employee participating
in any Township-endorsed or -sponsored programs which provide recreational,
cultural, charitable, social or other activities or services for persons
younger than 18 years of age. Any prospective and/or current volunteer/employee
may be disqualified from serving in such capacity and participating
in any Township-endorsed or -sponsored program(s) if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
(1)
In New Jersey, any crime or disorderly offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., homicide:
all offenses; N.J.S.A. 2C:12-1 et seq. assault; endangering; threats:
all offenses; N.J.S.A. 2C:13-1 et seq., kidnapping: all offenses;
N.J.S.A. 2C:14-1 et seq., sexual offenses: all offenses; N.J.S.A.
2C:15-1 et seq., robbery: all offenses.
(b)
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., Offenses Against the Family, Children and Incompetents: all
offenses.
(2)
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 the subsections above.
B.
Verona Police Chief and Director of Recreation. The Verona Police
Chief and the Director of Recreation shall have authority to exercise
discretion when deliberating a disqualification determination.
A.
If, following the completion of the criminal history record background check and receipt of the results, a disqualifying conviction exists as set forth in this chapter, then the Verona Police Chief, at his discretion, shall notify the employee or volunteer, in writing, via certified and regular mail, of that person's disqualification to serve with the organization in any capacity. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the employee or volunteer is disqualified pursuant to this section. The written notice shall also state that the individual may appeal the determination by filing a written notice of appeal in accordance with the requirements of § 201-7 below. A copy of said notice will in all circumstances be sent to the Director of Recreation. The Director of Recreation shall also have the power to exercise discretion when deliberating a disqualification termination.
B.
The Verona Police Chief shall be authorized to conduct any additional
investigation that in his discretion he deems appropriate to obtain
accurate information. Further, the Verona Police Chief may rely upon
information other than the criminal history record background check
when making a disqualification determination.
A.
Grounds for appeal. Any current or prospective employee or volunteer
who is disqualified in accordance with this chapter may appeal that
determination for good cause shown. Good cause shall include, but
is not limited to, the following:
(1)
The background check produced inaccurate or incomplete information.
(2)
The age of the individual at the time of the offense or crime or
conviction.
(3)
The nature and circumstances underlining the conviction indicate
that the individual does not presently pose a threat.
(4)
The conviction arose out of an isolated incident.
(5)
Since the conviction, the individual has taken significant steps
towards rehabilitation, including, but not limited to, counseling,
treatment, schooling, vocational training, and successful completion
of a court-ordered program.
B.
Notice of appeal. Any current or prospective employee or volunteer
may file an appeal from an initial determination under this chapter
by filing a written notice of appeal with the Verona Police Chief
within 10 days of his or her filing of the written notice of disqualification
received from the Verona Police Chief.
C.
Within seven days of the receipt filing of a written notice of appeal,
the Appeal Committee shall send a written notice to the applicant
via certified and regular mail providing a hearing date no later than
20 days from the receipt of the notice of appeal.
D.
Hearing. The hearing before the Appeal Committee shall be closed
to the public unless an open hearing is requested by the appellant.
It shall be attended only by the members of the Appeal Committee,
the Township Attorney (if appropriate), the appealing individual and
his or her attorney if so retained. During the course of the hearing,
the appealing individual and his or her attorney shall be given the
opportunity to speak and/or read a prepared statement.
A.
In the event an individual is notified of his/her disqualification and does not appeal in accordance with the requirements of § 201-7, the Director of Recreation shall notify the appropriate authority in which the applicant serves or wishes to serve of that person's disqualification to serve with that organization in any capacity.
B.
In the event of a duly filed appeal in accordance with § 201-7 that results in a reversal of the determination, no further action will be required.
C.
In the event the appeal does not result in a reversal, then within
five days of the decision by the Appeal Committee, the Verona Police
Chief shall notify the individual of the decision in writing and shall
notify the appropriate authority for the organization.
D.
Any appellate rights as afforded by statute shall not be limited
by any provision of this chapter.
A.
The Verona Police Chief and other police personnel shall limit their use of the criminal history record background check information obtained as a result of the requested search to the making of the determination pursuant to § 201-6.
B.
Should an appeal follow, the Verona Police Chief is authorized to provide the results of the search to the Appeal Committee. The Appeal Committee shall limit its use of the information to the appeal process pursuant to § 201-7. Following the appeal process, the subject records shall be returned to the Verona Township Police Department, where they shall be sealed, dated and destroyed one year after sealing, unless the Verona Township Police Department is advised of judicial action involving the information and/or determinations made under this chapter.
C.
If no appeal follows the Verona Police Chief's determination,
the records shall remain with the Verona Township Police Department,
where they shall be sealed, dated and destroyed one year after sealing,
unless the Verona Township Police Department is advised of judicial
action involving the information and/or determination made under this
chapter.
D.
Information obtained as a result of the search shall not be disseminated
to any other individual or entity in any form, except as necessary
for litigation or proceeding resulting from the determinations made
pursuant to this chapter. Any person violating federal or state regulations
governing the access to criminal history record information may be
subject to criminal and/or civil penalties.
The youth-serving organization or Verona youth program, as applicable,
shall be required to monitor compliance with the requirements of this
chapter, as it relates to the submission of its employees and volunteers
to a criminal history record background check. The youth-serving organization
or Verona youth program, as applicable, shall not permit any of its
employees or volunteers to have access to minors until such employees
and/or volunteers have first been cleared by the above process. Failure
to comply with this chapter may result in the Township of Verona withholding
funding, land, equipment or other services for the youth-serving organization
or Verona youth program, or any of their activities.
