[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.
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.
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.
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.
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.
Shall mean any youth program in Bogota which receives funding,
in whole or in part, from the Borough.
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.
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.
[Ord. #1376, S24-2]
Criminal background checks required for use of Borough facilities.
a.
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.
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 Federal
Bureau of Investigation, Identification Division and the State Police
based upon the findings of the background check.
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.
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 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.
[Ord. #1376, S24-3]
a.
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.
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 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.
[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.
[Ord. #1376, S24-5]
a.
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.
b.
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.
c.
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:
1.
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
2.
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
4.
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);
5.
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.
d.
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.
e.
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.
[Ord. #1376, S24-6]
a.
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.
b.
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.
[Ord. #1376, S24-7]
a.
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.
b.
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:
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 circumstance 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 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.
c.
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.
d.
The Review Committee shall promptly advise the prospective or current
volunteer whether he or she is qualified to volunteer.
e.
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.
f.
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.
[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:
a.
Train participants in identifying inappropriate emotional and physical
abusive behavior;
b.
Provide guidelines for addressing individuals exhibiting inappropriate
emotional and physical abusive behavior; and
c.
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.
|
[Ord. #1376, S24-9]
a.
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.
b.
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.
[Ord. #1376, S24-10]
a.
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.
b.
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.
c.
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.
[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.