[HISTORY: Adopted by the Township Committee of the Township of Winslow 6-26-07 as Ord. No. 0-18-07. Amended in its entirety 11-18-08 by Ord. No. 0-42-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CRIMINAL HISTORY RECORD AND FINGERPRINT BACKGROUND CHECK
- 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.
- NON-SPONSORED YOUTH PROGRAMS
- Any youth programs not sponsored by the Township of Winslow, but that utilize municipal facilities or have affiliation with a township sponsored youth program and having contact with persons under the age of eighteen (18) years.
- TOWNSHIP-SPONSORED YOUTH PROGRAMS
- Any programs sponsored by the Township of Winslow, including any and all leagues, boards and commissions falling within the purview of or acting for or on behalf of, the Township of Winslow and having contact with persons under the age of eighteen (18) years.
- YOUTH PROGRAMS
- Any programs that allow for participation in activities by those persons under eighteen (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 persons under eighteen (18) years of age is assigned to some person acting for or on behalf of the Township of Winslow other than a parent or caregiver.
[Amended 4-27-10 by Ord. No. 0-2010-013]
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 eighteen (18) years of age or older), in any way assisting in the function, including but not limited to coaches, assistant coaches, or similar positions, shall submit sufficient information on forms supplied by the Township Administrator, or his designee, 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 check shall be processed by the Winslow Township Administrator's office. The individual applying for the background check shall authorize the Winslow Township Administrator to be the recipient of the affirmative or negative response from the State Police based upon the findings of the background check.
The submission of background check findings must be based upon a check performed within two (2) 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 provision of any applicable laws regarding same, but not less detailed that 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.
[Amended 4-27-10 by Ord. No. 0-2010-013]
All adults, (those persons eighteen (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 Winslow Township sponsored function participated in by children, shall submit sufficient information on forms supplied by the Township Administrator, or his designee, 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 Winslow Township Administrator's office.
The individual applying for the background check shall authorize the Winslow Township Administrator 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 Winslow 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 cost of background checks for individuals participating in Township sponsored youth programs shall be borne by the individual or program with which they are participating.
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 through the Township Administrator, or his designee, to the Winslow Township Police Department Records Bureau in order to properly maintain the system. The roster shall be on forms supplied by the Township of Winslow 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 chapter and laws regarding false swearing.
Access to criminal history record information shall be limited in accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.
Individuals engaged in providing recreation opportunities for, or on behalf of, the Township of Winslow shall be issued identification cards with appropriate expirations based upon the date of their individual background check. Individuals issued identification cards are required to display their card while in performance of their duty involving youth programs.
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 Winslow Township Administrator shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the State Police and/or Federal Bureau of Investigation shall be based upon Section 83-5B of this chapter. Details in the background check that result in a negative determination shall not be disclosed to the Winslow Township Administrator or any other Township official or employee and are only available to the applicant upon making a formal request to the State Bureau of Investigation, except in those instances where an individual requests an appeal pursuant to Section 83-6 of this chapter.
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 capacity in any function for persons under the age of eighteen (18) years held at any township-owned facilities. Such offenses shall include, but not be limited to:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S. 2C:11-1 et seq., N.J.S. 2C:12-1 et seq., N.J.S. 2C:13-1 et seq., N.J.S. 2C:14-1 et seq. or N.J.S. 2C:15-1 et seq.;
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S. 2C:24-1 et seq.;
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
Involving any controlled dangerous substance or controlled dangerous 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. 2C:35-10.
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 a. 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 depending on the nature and type of offense committed.
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 non-sponsored youth programs will forfeit that individual's ability to participate with the respective program. Refusals of a non-township sponsored youth program to subscribe to the requirements of this chapter shall forfeit that programs ability to use municipal facilities.
Any individual whose criminal history background check disqualifies that individual from volunteering and participating, may appeal his or her disqualification as follows:
An individual may challenge the accuracy of the criminal history record;
A person may claim to be rehabilitated to the extent that it should permit qualification.
A challenge to the accuracy of the report shall be filed with the Winslow Township Chief of Police, who shall investigate the challenge with the New Jersey State Police.
An appeal based on rehabilitation shall be made to an Appeals Board which shall consist of the Director of Parks and Recreation, the Winslow Township Chief of Police, and the Winslow Township Administrator. Any such appeal must be made within thirty (30) days of receipt of the notice of disqualification and filed in writing with the Winslow Township Chief of Police in an envelope marked confidential.
In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Board shall consider the following factors:
The nature and responsibility of the position which the individual would hold if approved.
The nature and responsibility of any pervious similar positions held related to youth activities and youth sports activities.
The nature and seriousness of the offense.
The circumstances under which the offense occurred.
The date of the offense.
The age of the person when the offense was committed.
Whether the offense was an isolated or repeated incident.
Any other evidence considered relative concerning rehabilitation including community service or the recommendation of those who have had the individual under their supervision or who have a work or community history with the individual.
If the Appeals Board determines that the disqualified individual has been successfully rehabilitated, it shall enter that individual's name on the list of qualified individuals maintained by the Director of Parks and Recreation.
If the Appeals Board denies the appeal, it shall advise the individual in writing. All appeals and information relating to an appeal shall remain confidential.
All non-sponsored 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 (3) years a new background check procedure shall be required.
All Township Sponsored Youth Programs that have individuals subject to this chapter shall direct those individuals to the Winslow Township Clerk's Office for the background check submission forms which shall be processed through the Township of Winslow Administrator's office prior to the individual being able to participate in any function sponsored by the Township of Winslow. Thereafter, every three (3) years a new background check shall be required.
[Amended 3-22-16 by Ord. No. O-2016-007]
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 thirty (30) days. Only one (1) interim approval may be granted per individual.
All individuals seeking an interim approval shall provide a valid photo driver's license or other acceptable photo identification to the Winslow Township Police Department for a temporary identification badge and sign a pre-approved form attesting that the individual shall comply with the chapter requirements and that to the individuals knowledge, he or she will be qualified to pass the criminal background check.
Any and all criminal background checks obtained from the State Bureau of Identification in the New Jersey State Police or the Federal Bureau of Investigation shall be filed and maintained in a secured and locked cabinet or room at the Winslow Police Department Records Bureau in the Criminal Investigation Division Building which shall take custody and maintain such records which shall not be available to the public. The Winslow Township Police Department personnel in the Records Bureau shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under the common law, the Open Public Records Act and the New Jersey Right to Know Law. In addition, the Winslow Township Administrator shall not reveal the affirmative or negative response from the State Police based upon the findings of the background check except as provided in this chapter. No Winslow Township official or employee shall have access to the criminal background checks other than individuals in the Winslow Township Police Department Records Bureau whose only access shall be to take custody and maintain the files as provided for in this section. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose. The Winslow Township Administrator shall be the contact person for Winslow Township for the VRO Program of the State Police.
Any person violating or failing to comply with the provisions of this chapter, shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.) or by imprisonment for a term not to exceed ninety (90) ninety days, or by both, such fine and imprisonment, in the discretion of the Judge.