[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-17-2009 by Ord. No. 2009-3]
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/or the NJ State Bureau of Identification in the Division
of State Police.
Any youth programs not sponsored by the Township of Edgewater
Park, but that utilize municipal facilities or have affiliation with
a Township-sponsored youth program and having contact with persons
under the age of 18 years.
Any programs sponsored by the Township of Edgewater Park,
including any Township employees, volunteer organizations created
by the Township, and all leagues, boards, committees and commissions
falling within the purview of or acting for or on behalf of the Township
of Edgewater Park and having contact with persons under the age of
18 years.
Any programs that allow for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting activities, passive recreation groups, clubs
or camps and trips or other activities whereby some control and responsibility
for children is assigned to some person acting for or on behalf of
the Township other than a parent or caregiver.
A.Â
Prior to any club or organization, not defined as a Township-sponsored
youth program, being authorized to use Township-owned facilities for
functions participated in by children, all adults, those persons 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 provide the Edgewater Park Chief of Police or designee with findings
of a criminal background check obtained from the State Bureau of Identification
in the New Jersey State Police.
B.Â
The submission of background check findings must be based upon a
check performed within three years of the start of use of the Township-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of Township-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the Township for
individuals involved in administering Township-sponsored youth programs.
The Township of Edgewater Park recognizes the Edgewater Park Athletic
Association (EPAA) as the largest non-sponsored youth program within
the Township of Edgewater; therefore, the cost of the initial background
checks due for individuals associated with and recognized by the EPAA
shall be borne by the Township of Edgewater Park within the first
year of the effective date of this article. Thereafter, all fees for
individuals not administering a Township-sponsored program shall be
borne by the individual or program with which they are participating.
A.Â
All adults, those persons 18 years of age or older, including but
not limited to coaches, assistant coaches, or similar positions involved
in educating, directing or supervising youth, and in any way assisting
in a Edgewater Park Township-sponsored function participated in by
children, shall submit sufficient information, on forms supplied by
the Edgewater Park Township Police Department from the New Jersey
State Police, for the purpose of obtaining a criminal history background
check with the State Bureau of Identification in the New Jersey State
Police. Applications for background checks shall be processed by the
Edgewater Park Township Chief of Police or designee. Based upon the
Memorandum of Understanding executed between the Township of Edgewater
Park and the New Jersey State Police, the individual applying for
the background check shall authorize the Edgewater Park Township Chief
of Police to be the recipient of the affirmative or negative response
from the State Police based upon the findings of the background check.
Individuals involved in an Edgewater Park Township-sponsored youth
function, and who are required to undergo background checks based
upon this article, shall not be responsible for the costs involved
with obtaining the criminal background check. The Township of Edgewater
Park shall bear the costs for the background checks for individuals
qualified under this section.
B.Â
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this article for that
league or program. The president or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this article. The roster shall
be on forms supplied by the Township of Edgewater Park and shall contain
a certification as to the accuracy and completeness of the roster
and individual names. Any person who knowingly certifies a background
check roster that excludes an individual required to be checked shall
be in violation of this article and laws regarding false swearing.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Edgewater Park shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are require
to display their card while in performance of their duty involving
youth programs.
A.Â
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Edgewater Park Township Chief of Police or designee shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Edgewater Park Township Chief of Police is based upon § 199-5B(1) of this article. Details in the background check that result in a negative determination by the State Police are not afforded to the Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Identification.
B.Â
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function for persons under the age
of 18 years held at any Township-owned facilities. Such offenses shall
include, but not be limited to:
(1)Â
In New Jersey, any crime or disorderly persons offense:
(a)Â
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A.
2C:15-1 et seq.;
(b)Â
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.;
(c)Â
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(d)Â
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes,
except N.J.S.A. 2C:35-10a(4).;
(e)Â
Any fourth degree offense or higher.
C.Â
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
D.Â
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any Township-sponsored
activities requiring background checks. In addition, refusal to comply
with this article by any individual falling within the scope of requirements
for non-sponsored youth programs will forfeit that individual's ability
to participate with the respective program. Refusal of a non-Township-sponsored
youth program to subscribe to the requirements of this article shall
forfeit that program's ability to use municipal facilities.
A.Â
All non-sponsored youth programs that have individuals subject to
this article shall supply background checks for all of their participants
prior to the individuals being able to participate at any function
at a Township-owned facility to the extent covered by this article.
Thereafter, every three years a new background check shall be submitted
to the Chief of Police or designee.
B.Â
Township-sponsored youth programs.
(1)Â
All Township-sponsored youth programs that have individuals subject
to this article shall direct those individuals to the Chief of Police
for background checks prior to the individuals being able to participate
at any function sponsored by the Township of Edgewater Park. Thereafter,
every three years a new background check shall be submitted to the
Chief of Police.
(2)Â
Individuals involved in Township-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
for a background check. Interim approvals shall only be valid for
the period of time that it takes to receive background checks results.
Such interim approval shall not be valid for a period of time exceeding
45 days. Only one interim approval may be granted per individual.
Any and all criminal background checks supplied to the Chief
of Police or designee shall be filed and maintained in a secure and
locked cabinet or room and shall not be available to the public. The
Chief of Police shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common
law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
A.Â
Any person whose criminal history background check disqualifies that
person from employment or from volunteering may appeal his or her
disqualification.
(1)Â
A person may challenge the accuracy of the criminal history record;
(2)Â
A person may claim to be rehabilitated;
(3)Â
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 rejected 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 N.J.S.A. 2C:13-1c(2); endangering the welfare of a child
by engaging in sexual conduct which would impair or debauch the morals
of the child pursuant to N.J.S.A. 2C:24-4a; endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4b(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:14-3b. 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 N.J.S.A. 2C:34-1b(3) or (4); or an attempt to commit any of these
enumerated offenses.
B.Â
A challenge to the accuracy of the report shall be filed with the
Edgewater Park Township Chief of Police, who shall coordinate the
challenge with the New Jersey State Police.
C.Â
An appeal based on rehabilitation shall be made to an Appeals Committee,
which shall consist of the Edgewater Park Township Chief of Police,
Township Administrator and Township Solicitor. Any such appeal must
be made within 30 days of receipt of the notice of disqualification.
D.Â
In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Committee shall consider the following factors:
(1)Â
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(2)Â
The nature and seriousness of the offense;
(3)Â
The circumstances under which the offense occurred;
(4)Â
The date of the offense;
(5)Â
The age of the person when the offense was committed;
(6)Â
Whether the offense was an isolated or repeated incident;
(7)Â
Any social conditions which may have contributed to the offense;
and
(8)Â
Any other evidence of rehabilitation, including good conduct in prison
or 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.
E.Â
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the Chief of Police or designee.
A.Â
Failure to comply with this article may result in the Township withholding
funding for the nonprofit youth-serving organization, prohibiting
the use of facilities, or withholding funding for facility maintenance.
B.Â
Any individual who has been advised, verbally or in writing, of his/her disqualification to participate and continues to participate shall, upon conviction thereof in a proceeding before a court of competent jurisdiction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.Â
In the event that any portion of this article is found to be invalid
for any reason by any court of competent jurisdiction, such judgment
shall be limited in its effect only to that portion of the article
actually adjudged to be invalid, and the remaining portions of this
article shall be deemed severable therefrom and shall not be affected.
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this article shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause of this article.