Chapter 31 Criminal History Background Checks and Abuse Awareness Education

[Ord. #1376, S24-1]

As used in this chapter:

Shall mean any youth programs sponsored by the Borough of Bogota, including but not limited to any and all leagues, boards and commissions falling within the purview of or acting for or on behalf of, the Borough of Bogota and having contact with persons under the age of eighteen (18) years.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

Shall mean 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 local Police Department, the Federal Bureau of Investigation, Identification Division, and the New Jersey State Bureau of Identification in the Division of State Police.

NONSPONSORED YOUTH PROGRAMS

Shall mean any youth programs not sponsored by the Borough of Bogota, but which utilize municipal facilities or facilities owned or maintained by the Bogota Board of Education and which utilize the services of employees or volunteers having contact with persons under the age of eighteen (18) years.

QUALIFIED PARTICIPANT

Shall mean an employee or volunteer who has completed a criminal history background check within the past three (3) years that has revealed no disqualifying convictions and who has not been convicted of a disqualifying offense since the criminal history background check.

REVIEW COMMITTEE

Shall mean a three-member committee consisting of the Mayor or Mayor's designee, the Chief of Police, and a designated member of the affected organization. The Committee shall be charged with the review of all appeals by any employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.

SPONSORED

Shall mean any youth program in Bogota which receives funding, in whole or in part, from the Borough.

SUPERVISORY INDIVIDUALS

Shall mean any person including adults and adolescents under the age of eighteen (18), whether volunteers or employees of the Borough who are full time, part time, seasonal or volunteer workers and have authority in some capacity over a person or persons who are younger than eighteen (18) years of age, without the constant observation of the parent(s) or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant.

YOUTH PROGRAMS

Shall mean any programs that allow for the participation in activities by those persons less than eighteen (18) years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, club or camp trips or other activities whereby some control and responsibility for children under the age of eighteen (18) are assigned to some person other than a parent or caregiver.

§ 31-2 NONSPONSORED YOUTH PROGRAMS.

[Ord. #1376, S24-2]

Criminal background checks required for use of Borough facilities.

Prior to any club or organization defined as a nonsponsored youth program being authorized to use Borough of Bogota or Bogota Board of Education-owned or maintained facilities such club or organization must provide the Borough Police Chief with the findings of a criminal background check obtained from the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the New Jersey State Police.

The submission of background check findings must be based upon a background check within three (3) years of the start of use of the facility. In the case of coaches performing duties as employees of a Board of Education, the policy of the background checks adopted by the individual Board of Education shall be used to establish eligibility for the use of Borough-owned facilities. In all cases the background check must comply with the provisions of any applicable laws regarding same, but shall not be less detailed than those performed by the Borough for individuals involved in administrating Borough-sponsored youth programs. The Borough of Bogota 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 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 Borough Clerk 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.

§ 31-3 BOROUGH-SPONSORED YOUTH PROGRAMS: BACKGROUND CHECKS.

[Ord. #1376, S24-3]

All supervisory individuals shall submit sufficient information on forms supplied by the Borough Clerk from the Federal Bureau of Investigation, Identification Division and the New Jersey State Police, for the purpose of obtaining a criminal history background check with the local Police Department, the State Bureau of Identification in the Federal Bureau of Investigation, Identification Division and the New Jersey State Police. Applications for background checks shall be processed by the Borough Clerk.

Based upon the Memorandum of Understanding executed between the Borough of Bogota and the Federal Bureau of Investigation, Identification Division and the New Jersey State Police, the individual applying for the background check shall authorize the Chief of Police to be the recipient of the affirmation or negative response from the local Police Department, the Federal Bureau of Investigation, Identification Division or State Police based upon the findings of the background check. Individuals involved in a Borough-sponsored youth function, and who are required to undergo background checks based upon this chapter, shall not be responsible for the cost involved with obtaining the criminal background check. The Borough of Bogota shall bear the costs for the background checks for individuals qualified under this section.

§ 31-4 QUALIFICATION.

[Ord. #1376, S24-4]

Qualified participants engaged in providing recreational opportunities in Borough-sponsored youth programs or nonsponsored youth programs for, or on behalf of, the Borough of Bogota shall be issued identification cards with appropriate expiration dates 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.

The Borough of Bogota shall be responsible for all costs associated with the original issuance of an identification card for all volunteers and employees. If the original identification card issued by the Borough is lost, it shall be the responsibility of the volunteer or employee to pay for a replacement card.

§ 31-5 DISQUALIFICATION.

[Ord. #1376, S24-5]

Upon receipt of a completed background check conducted by the local Police Department, the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Chief of Police shall notify the applicant and the President or leader of the youth program of the positive or negative determination of the applicant.

The determination of the Chief of Police is based upon Section 31-5c of this chapter. 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 Investigation.

In the event that the criminal background check reveals any prior convictions for crimes or offenses, which negatively affect 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 eighteen (18) years held at any Borough-owned facilities. Such offenses shall include, but are not limited to:

Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:1-1 et seq. (criminal homicide), N.J.S.A. 2C:12-1, et seq. (assault; stalking; reckless endangering; threats), N.J.S.A. 2C13-1, et seq. (kidnapping and related offenses), N.J.S.A. 2C:14-1 et seq. (sexual offenses), or N.J.S.A. 2C:15-1 et seq. (robbery); or

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.; or

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

Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except for N.J.S.A. 2C:35-10(a)(4) (minimal amounts of marijuana or hashish);

In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in paragraphs 1 through 4 above.

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 a volunteer 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 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-Borough-sponsored youth program to subscribe to the requirements of this chapter shall forfeit that program's ability to use all facilities including facilities owned or maintained by the Bogota Board of Education. The Borough shall treat a refusal by a Borough employee and/or prospective employee to submit to a background check in accordance with the Borough's EPL.

§ 31-6 FREQUENCY OF BACKGROUND CHECKS.

[Ord. #1376, S24-6]

All nonsponsored youth programs that have individuals subject to this chapter shall supply background checks for all of such individuals prior to the individual being able to participate at any function at any facility in the Borough to the extent covered by this chapter. Thereafter, every three (3) years a new background check application shall be submitted to the Chief of Police. The Borough Clerk and Chief of Police shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three (3) years. Every individual subject chapter has an ongoing responsibility to notify the Borough of any changes in their criminal history background immediately upon such change taking place. Failure by any individual to report any change in their criminal history background may result in a disqualification from participation in assisting with youth related activities.

All Borough-sponsored youth programs that have individuals subject to this chapter shall direct those individuals to the Borough Clerk for background checks prior to the individual being able to participate at any function sponsored by the Borough of Bogota. Thereafter, every three (3) years a new background check application shall be submitted to the Borough Clerk. The Borough Clerk and Chief of Police shall establish a policy providing for background checks to be performed on a staggered basis after the initial startup. This may require some youth program volunteers to have background checks at a more frequent interval than once every three (3) years. Every individual subject to this chapter has an ongoing responsibility to notify the Borough of any changes in their criminal history background immediately upon such change taking place. Failure by any individual to report any change in their criminal history background may result in a disqualification from participation in assisting with youth related activities.

After performance of a background check by the local Police Department, and submission to the Federal Bureau of Investigation, Identification Division and the Division of State Police for a background check, individuals involved in Borough-sponsored youth programs who are required to undergo background checks shall be given an interim approval for a period of time not to exceed ninety (90) days. Only one (1) interim approval period of ninety (90) days maximum may be granted per individual.

§ 31-7 DETERMINATION BY REVIEW COMMITTEE; APPEAL PROCESS.

[Ord. #1376, S24-7]

Individuals who receive a negative determination from the Police Chief or his designee will not be allowed to volunteer. Such individuals may obtain a copy of their criminal history record by contacting the State Bureau of Investigation in writing. Such individuals will have thirty (30) days from the receipt of the official notice from the Chief of Police or Borough Clerk to petition the Review Committee for a review and to cite reasons substantiating the review.

Volunteers who receive a negative determination from the Police Chief or his designee may be permitted to volunteer if they affirmatively demonstrate rehabilitation to the Review Committee which shall be comprised of the Mayor, or Mayor's designee, the Chief of Police, and the designated member of the affected organization. In determining whether a volunteer has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors:

The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;

The nature and seriousness of the offense;

The circumstance 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 social conditions which may have contributed to the offense; and

Any 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.

In all instances, the final determination of whether an individual will be permitted to volunteer will lie in the sole discretion of the Review Committee.

The Review Committee shall promptly advise the prospective or current volunteer whether he or she is qualified to volunteer.

The Borough Police Department shall keep the results of criminal history record background checks on file for three (3) years from the date such results were received by the Department.

The Borough Clerk may request the Borough Police Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective volunteer reveals a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this act.

§ 31-8 PHYSICAL AND EMOTIONAL ABUSE AWARENESS EDUCATION.

[Ord. #1376, S24-8]

All youth programs sponsored by the Borough of Bogota, or that utilize municipal facilities or facilities owned or maintained by the Bogota Board of Education are required to conduct physical and emotional abuse education programs on a regular basis, and in accordance with regulations to be set forth by the Borough Clerk and Chief of Police. The Borough Clerk and Chief of Police will approve and monitor the ongoing physical and emotional abuse education programs required by this chapter on an annual basis.

Borough administered programs including but not limited to summer programs, spring programs and teen programs will receive physical and emotional abuse education training through the Borough. The physical and emotional abuse education programs are required, at a minimum to:

Train participants in identifying inappropriate emotional and physical abusive behavior;

Provide guidelines for addressing individuals exhibiting inappropriate emotional and physical abusive behavior; and

Teaches minors participating in the program how to respond to individuals exhibiting inappropriate emotional and physical abusive behavior.

The Borough Clerk together with the Chief of Police may, at their discretion, waive this requirement if a youth program within the Borough has a physical and emotional abuse education program in place and can demonstrate that such program meets the regulations established by the Borough.

§ 31-9 LIMITATIONS ON ACCESS AND USE OF CRIMINAL HISTORY RECORD BACKGROUND CHECKS.

[Ord. #1376, S24-9]

Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by Federal or State statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this chapter. The records shall be exempt from public disclosure under common law or N.J.S.A. 47:1A-1 et seq.

Borough personnel shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. The record, in whatever form it exists, including electronically or via computer, shall be destroyed immediately by the Borough at it has served its intended and authorized purpose. Any person violating Federal or State regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

§ 31-10 BOROUGH EMPLOYMENT.

[Ord. #1376, S24-10]

Employees and/or prospective employees who have or will have authority in some capacity over a person or persons who are younger than eighteen (18) years of age, without the constant observation of the parent(s), guardian(s), of the youth(s) or without the constant observation of a representative of law enforcement or a qualified participant shall submit sufficient information on forms supplied by the Mayor and/or his designee from the Federal Bureau of Investigation, Identification Division, and the New Jersey State Police, for the purpose of obtaining a criminal history background check with the local Police Department, the State Bureau of Identification in the Federal Bureau of Identification, Identification Division in the New Jersey State Police. Applications for background checks of employees and/or prospective employees shall be processed by the Mayor and/or his designee. The employee and/or prospective employee shall authorize the Mayor and/or his designee to be the recipient of the affirmation or negative response from the local Police Department, the Federal Bureau of Investigation, Identification Division, or State Police based upon the findings of the background check.

In the event of a negative determination arising from the background check, eligibility for new employment and continued employment shall be determined in accordance with the Borough's EPL.

Notwithstanding anything stated herein, the Borough shall be permitted to perform criminal background checks on any other employee and/or prospective employee not covered by this provision in accordance with applicable law.

§ 31-11 PENALTIES.

[Ord. #1376, S24-11]

Any person who violates any provision of this chapter shall be subject to the penalties as set forth in the Borough Code and Federal and State law.