A Recreation Committee, consisting of nine members and two alternates, be and is hereby created.
A.
[Amended 5-22-2018 by Ord. No. 2018-6]
[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 210.
[Adopted 11-28-2017 by Ord. No. 2017-13]
The Recreation Committee shall be empowered and authorized to perform all duties and functions granted and permitted by the Mayor and Council.
The Recreation Committee is hereby authorized to make and adopt suitable rules, regulations and bylaws for the purpose of carrying out its objectives and to elect a Chairman from its members. It shall have the authority and power to recommend to the governing body, supervisors, assistants and other persons it deems necessary and proper, for the establishment of programs.
Recreational fees shall be established yearly by the governing body by the passage of a resolution, and such resolution may amend the fees established herein.
[Adopted 12-20-2017 by Ord. No. 2017-16]
As used in this section, the following terms shall have the meanings indicated:
Any programs sponsored by the Borough of Palisades Park, including any and all leagues, boards and commissions falling within the purview of or acting for or on behalf of the Borough and having contact with persons under the age of 18 years.
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 New Jersey State Bureau of Identification in the Division of State Police.
Any youth programs not sponsored by the Borough of Palisades Park but that utilize municipal facilities or have affiliation with a Borough-sponsored youth program 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 Borough other than apparent or caregiver.
A.
Prior to any club or organization not defined as a Borough-sponsored youth program, being authorized to use Borough-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 Palisades Park Recreation Director with findings of a criminal background check obtained from the State Bureau of Identification in the New Jersey State Police.
B.
The submission of background check findings must be based upon a check performed within two years of the start of use of the Borough-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 Borough-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 Borough for individuals involved in administering Borough-sponsored youth programs. The cost of background checks for individuals not administering a Borough-sponsored program shall be borne by the individual or program with which they are participating.
A.
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 assistant in a Palisades Park sponsored function participated in by children, shall submit sufficient information on forms supplied by the Palisades Park Recreation Director 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 Palisades Park Recreation Director. The individual applying for the background check shall authorize the Recreation Director 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 a Palisades Park 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 Borough of Palisades Park shall bear the costs for the background checks for individuals qualified under this section.
B.
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this chapter 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 Borough of Palisades 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 answering.
A.
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 Recreation Director shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Recreation Director is based upon § 230-9B of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Director and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
B.
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 Borough-owned facilities. Such offenses shall include, but not be limited to:
(1)
In New Jersey, any crime or disorderly person 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. 2C13-1 et seq., N.J.S.A. 2C14-1 et seq., or N.J.S.A. 2C15-1 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.
(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.
(3)
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.
(4)
Refusal by individuals required to submit to background checks will result in an immediate dismissal of the individual from any Borough-sponsored activities requiring background checks. In addition, refusal to comply with this article by any individual falling within the scope of requirements for nonsponsored youth programs will forfeit that individuals' ability to participate with the respective program. Refusal of a non-Borough-sponsored youth program to subscribe to the requirements of this article shall forfeit that program's ability to use municipal facilities.
A.
All nonsponsored youth programs that have individuals subject to this article shall supply background checks for all of its participants prior to the individual being able to participate at any function at a Borough-owned facility to the extent covered by this article. Thereafter, every two years, a new background check shall be submitted to the Recreation Director.
B.
Borough-sponsored youth programs; interim approval.
(1)
All Borough-sponsored youth programs that have individuals subject to this article shall direct those individuals to the Recreation Director for background checks prior to the individual being able to participate at any function sponsored by the Borough of Palisades Park. Thereafter, every two years, a new background check shall be submitted to the Recreation Director.
(2)
Individuals involved in Borough-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 Recreation Director shall be filed and maintained in a secure and locked cabinet or room and shall be available to the public. The Recreation Director 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.
Any person who violates any provision of this article shall be subject to removal from the program.