[HISTORY: Adopted by the Township Council of the Township
of Washington 12-17-2018 by Ord.
No. 18-22. Amendments noted where applicable.]
As used in this chapter, 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 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. Fingerprinting shall not be a requirement in connection therewith.
[Amended 3-2-2020 by Ord. No. 20-02]
Any youth programs not sponsored by the Township of Washington
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 Washington, including
any and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Township of Washington, 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.
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 Township of Washington Recreation Superintendent
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 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 cost of background checks for individuals not administering a
Township-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 assisting
in a Township-sponsored function participated in by children, shall
submit sufficient information on forms supplied by the Township of
Washington Recreation Superintendent 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 Township
of Washington Recreation Superintendent. Based upon the memorandum
of understanding executed between the Township of Washington and the
New Jersey State Police, the individual applying for the background
check shall authorize the Recreation Superintendent 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 Township-sponsored youth function, and who are required to undergo
background checks based upon this chapter, shall not be responsible
for the costs involved with obtaining the criminal background check.
The Township of Washington 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 chapter. The roster shall
be on forms supplied by the Township of Washington and shall contain
a certification as to the accuracy and completeness of the roster
and individuals' names. Any person who knowingly certifies a
background check roster that excludes an individual required to be
checked shall be in violation of this chapter and laws regarding false
swearing.
Individuals engaged in providing recreation opportunities for,
or on behalf of, the Township of Washington shall be issued identification
cards with appropriate expirations based upon the date of their individual
background check. Coaches' background check identification cards
are required to be displayed while in performance of their duty involving
youth programs as prescribed by this Code.
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 Superintendent shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Recreation Superintendent is based upon § 15-5B of this chapter. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Superintendent 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 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 paragraph (4) of subsection a. of N.J.S.A. 2C:35-10.
C.
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.
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 chapter by any individual falling within the scope of requirements
for nonsponsored 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 chapter shall
forfeit that program's ability to use municipal facilities.
A.
All nonsponsored youth programs that have individuals subject to
this chapter shall supply background checks for all of its participants
prior to the individual being able to participate at any function
at a Township-owned facility to the extent covered by this chapter.
Thereafter, every three years a new background check shall be submitted
to the Recreation Superintendent.
B.
All Township-sponsored youth programs that have individuals subject
to this chapter shall direct those individuals to the Recreation Superintendent
for background checks prior to the individual being able to participate
at any function sponsored by the Township of Washington. Thereafter,
every three years a new background check shall be submitted to the
Recreation Superintendent. Final approval shall consist of the Township
of Washington receiving a letter of approval from the New Jersey State
Police. Approved individuals are required to display their Township-issued
coaches' background check identification card while in performance
of their duty involving youth programs as prescribed by this Code.
Any and all criminal background checks supplied to the Recreation
Superintendent shall be filed and maintained in a secure and locked
cabinet or room and shall not be available to the public. The Recreation
Superintendent 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. The records shall only be
retained for such period of time as is necessary to serve their intended
and authorized purpose.
Any person who violates any provision of this chapter shall be subject to the penalties as set forth in § 1-1 of the Township of Washington Code.