Township of Edgewater Park, NJ Criminal History Background Checks

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.

NON-SPONSORED YOUTH PROGRAMS

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.

TOWNSHIP-SPONSORED YOUTH PROGRAMS

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.

YOUTH PROGRAMS

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.

§ 199-2 Background checks for use of Township facilities for non-sponsored youth programs.

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.

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.

§ 199-3 Background checks for Township-sponsored youth programs.

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.

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.

§ 199-4 Qualification.

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.

§ 199-5 Disqualification.

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.

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)

In New Jersey, any crime or disorderly persons 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., 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)

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)

Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;

(d)

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)

Any fourth degree offense or higher.

(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 Subsection B(1) of this section.

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.

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.

§ 199-6 Frequency of background checks.

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.

Township-sponsored youth programs.

(1)

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)

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.

§ 199-7 Privacy; records retention.

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.

§ 199-8 Appeals.

Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.

(1)

A person may challenge the accuracy of the criminal history record;

(2)

A person may claim to be rehabilitated;

(3)

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.

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.

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.

In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Committee shall consider the following factors:

(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;

(5)

The age of the person when the offense was committed;

(6)

Whether the offense was an isolated or repeated incident;

(7)

Any social conditions which may have contributed to the offense; and

(8)

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.

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.

§ 199-9 Violations and penalties.

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.

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)]

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.

§ 199-10 Severability.

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.