[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 10-8-1969 by Ord. No. 628 (Ch. 6, Art. 5,
of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 323.
[Amended 2-8-2011 by Ord. No. 11-01]
Pursuant to the provisions of N.J.S.A. 40:12-1
and N.J.S.A. 40:12-1.1, there is hereby established a Board of Recreation
Commissioners to consist of seven regular members and two alternate
members, all of whom shall be residents of the Borough.
[Amended 2-8-2011 by Ord. No. 11-01]
The Mayor shall appoint all regular members
of the Board of Recreation Commissioners in the manner provided by
law for the appointment of Borough officers. Alternate members shall
be appointed by the governing body.
[Amended 2-8-2011 by Ord. No. 11-01]
A.
All regular members of the Board of Recreation Commissioners
shall be appointed for periods of five years, and until their successors
are duly appointed and qualified; provided, however, that in the case
of the initial appointment of members of the Commission, the initial
terms shall be for periods of one, two, three, four and five years,
respectively.
B.
Vacancies occurring in the regular membership of the
Board shall be filled by the Mayor.
C.
Alternate
members shall be designated at the time of the appointment as "Alternate
No. 1" and "Alternate No. 2." The length of the terms of the alternate
members shall be the same as the length of the terms of the regular
members of the Board of Recreation Commissioners. Terms of the alternate
members shall be staggered by the appointment of one of the alternates
for an initial term that is a year less than a regular term. A vacancy
occurring otherwise than by expiration of term shall be filled by
the governing body for the unexpired term only.
(1)
No
alternate member shall be permitted to act on any matter in which
the alternate has either directly or indirectly any personal or financial
interest. An alternate member may, after public hearing if he or she
requests one, be removed by the governing body for cause.
(2)
Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member
of the Board of Recreation Commissioners. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
Subject to the general authority of the governing
body, the Board of Recreation Commissioners shall have the following
powers and duties:
A.
To supervise and regulate all parks, playgrounds and
recreational areas belonging to the Borough and to assume responsibility
for the maintenance thereof.
B.
To establish, supervise and regulate the recreation
program to meet the recreational needs of the residents of the Borough.
C.
To assume administrative responsibility for the bandshell
owned by the Borough; to arrange for and supervise all programs relating
thereto.
D.
To promulgate, adopt and approve such rules and regulations
as the Board of Recreation Commissioners shall deem necessary to carry
out its purposes and objects.
E.
To recommend to the governing body the appointment
of such personnel as may be required to carry out the responsibilities
of the Board of Recreation Commissioners.
F.
To recommend to the governing body a budget for the
operation of the Board of Recreation Commissioners for each calendar
year.
G.
Such powers and authority, in addition, as are provided
pursuant to N.J.S.A. 40:12-1 through 40:12-19, inclusive,[1] except that the Board of Recreation Commissioners shall
not have the authority to acquire lands for public playgrounds and
recreation places without the prior authorization of the governing
body.
[Amended 11-24-1992 by Ord. No. 92-23]
[1]
Editor's Note: N.J.S.A. 40:12-17 through 40:12-19
were repealed by L. 1997, c. 24, § 12.
The Board of Recreation Commissioners shall
have the power to appoint from among its members a Chairman, who shall
be the presiding officer, and such additional officers as the Board
may desire, whose terms shall expire on December 31 in the year of
appointment or who shall serve until their successors are elected
and qualified.
[Added 2-26-2008 by Ord. No. 08-2]
A.
CRIMINAL HISTORY BACKGROUND CHECK
DEPARTMENT
RECREATION DEPARTMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 10-9-2018 by Ord. No.
18-27]
A determination as to whether a person has a criminal record
by cross-referencing a person's name, date of birth, social security
number and/or fingerprints with those on file with the Federal Bureau
of Investigation, New Jersey State Police and any other agency maintaining
criminal records.
The Paramus Police Department.
All programs operated by or under the direction of the Paramus
Recreation Commission and having contact with individuals under the
age of 18 years.
B.
Criminal history background checks.
[Amended 10-9-2018 by Ord. No.
18-27]
(1)
The Borough is hereby authorized to contract for or otherwise implement
a process to conduct criminal history background checks with respect
to all volunteers, coaches, assistant coaches and/or any other individuals
participating in any Borough Recreation Department activity who are
over the age of 18 years, which shall include all individuals acting
as a volunteer coach, assistant coach, or any other capacity in connection
with any Borough Recreation Department activity, or any individual
otherwise coming into contact with children in any capacity as a participant
in any activity sponsored by or performed under the auspices of the
Borough Recreation Department. The criminal history background check
shall be performed by such individuals or entity selected by the Borough
for purposes of conducting said background check and shall be performed
in compliance with state statutes and regulations.
(2)
Criminal history background checks as provided hereunder shall be
conducted on an annual basis. The Borough of Paramus will bear all
costs associated with conducting criminal history background checks.
(3)
No criminal history background check shall be performed unless authorized
by consent, in writing, by the individual for whom the criminal history
background check is to be made. Refusal by any person to consent to
a criminal history background check shall constitute a basis for the
immediate disqualification of that individual.
(4)
A person may be disqualified from participating in any Borough Recreation
Department activity as described above if that person's criminal
history background check reveals a record of conviction for any of
the following crimes or offenses:
(a)
Any crime or disorderly persons' offense arising under
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)
Any crime or disorderly persons' offense against the family,
children or incompetents, including those crimes and disorderly persons'
offenses set forth in N.J.S.A. 2C:24-1 et seq.
(c)
Any crime or disorderly persons offense involving theft as set
forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(5)
The Chief of Police may disqualify any person for any reason that
is identified on a criminal history background check, not just those
enumerated in the preceding paragraph, and including arrest, if, in
the Chief of Police's sole discretion, the Chief of Police determines
that the information presents good cause for disqualification after
providing the person with an opportunity to explain the information
and why it should not disqualify the person from coaching. Where the
Chief of Police determines that a person should be disqualified, the
Chief of Police shall communicate that determination in writing to
the person with a short and plain statement of the reason for disqualification
and inform the person that he or she has 20 days to provide a response
and explanation as to why the person should not be disqualified. The
Chief of Police may conduct interviews and review all necessary documentation
to reach a determination on disqualification and shall inform the
person of all information and evidence reviewed to reach a determination.
(6)
All criminal history record background checks shall
be performed in compliance with the provisions of N.J.S.A. 15A:3A-1
et seq. The initial determination as to whether a criminal record
background check discloses a conviction for a crime or disorderly
persons' offense that would disqualify a person from participating
in a Borough Recreation Department activity shall be made by the individual
or entity authorized by the Borough to perform criminal record background
checks. In the event such a determination is made, that determination
shall be communicated only to the Borough Administrator.
(7)
Access to criminal record information secured by the
individual or entity performing the criminal history record background
check is restricted to said individual or entity and shall only be
released to the Borough Administrator or the individual for whom the
criminal history record check has been performed.
(8)
If a criminal record background check results in a determination
that a person should be disqualified from participating in a Borough
Recreation Department activity, said person may appeal the determination
to the Superior Court of New Jersey, Bergen County Vicinage, within
45 days of such final written determination. The Chief of Police's
final written determination is binding unless overturned by the Superior
Court of New Jersey, Bergen County Vicinage (or such other court of
competent jurisdiction). The Board of Recreation Commissions and the
Mayor and Council of Paramus shall have no role in the Chief of Police's
final written determination.
C.
Privacy. Any information obtained by the individual
or entity authorized by the Borough to perform criminal history background
checks shall not be available or disclosed to the public. Any information
conveyed to the Borough Administrator or to the Appeal Panel shall
be exempt from disclosure pursuant to the New Jersey Right to Know
Law and shall be considered privileged and confidential information.
[Added 3-22-2011 by Ord. No. 11-05; amended 8-20-2013 by Ord. No.
13-27]
A.
COACH or COACHES
SPORTS ASSOCIATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any head coach, assistant coach or any other volunteer having contact with participants in the Recreation Department's programs and who has successfully completed the requirements listed in Subsection B, Requirements to participate.
An organization independent of the Recreation Commission
that exists for the furtherance of a particular sport in Paramus.
In order to be recognized as a particular sports' sports association,
each prospective sports association shall provide to the Recreation
Commission official minutes of the organization listing all officers
following the association's election of officers, which shall
be held not less than once per year. Recognition of a sports association
will expire at the end of each year, and may be approved at the Recreation
Commission's annual reorganization meeting, or sooner in the
event that a sport does not have a sports association. In the event
that there are multiple prospective sports associations for a particular
sport, the Recreation Commission, at its sole discretion, will select
the sports association.
B.
Requirements to participate. Any individual wishing to become a coach
must successfully complete the following prior to any interaction
with children in a Recreation Department program:
(1)
Intent to coach application. An intent to coach application for each
season must be submitted to the Recreation Department. The application
is available at the Recreation Office or on the Recreation Department
website and must be submitted prior to each season in order for the
applicant to be considered for appointment.
(2)
Rutgers S.A.F.E.T.Y. Program training. Prior to being approved as
a volunteer, each applicant shall submit evidence of completion of
the Rutgers S.A.F.E.T.Y. Program or equivalent training approved by
the Board of Recreation Commissioners.
(3)
Fingerprint and background check. All applicants shall submit to a criminal history background check as set forth in § 113-6 et seq.
(4)
Attain the age of 18.
C.
Nominations for appointments.
(1)
Head coaches. Any individual meeting the requirements to participate,
and who indicates on the intent to coach application that he or she
wishes to serve as a head coach, shall be considered nominated for
a head coach position.
(2)
Assistant coaches. Any individual meeting the requirements to participate,
and who indicates on the intent to coach application that he or she
wishes to serve as an assistant coach, shall be considered nominated
for an assistant coach position.
(3)
The Recreation Department shall establish procedures in order to
ensure that only those individuals who have met the requirements to
participate are presented to the Recreation Commission for consideration
for appointment.
D.
Appointments.
[Amended 10-9-2018 by Ord. No.
18-27]
(1)
All coach appointments are approved by the Recreation Commission.
(2)
Coaching appointments are effective for the current season only.
(3)
The Recreation Commission reserves the right to require interviews
for any coach appointment, even if there is only one nominee for a
position.
(4)
All coaches serve at the pleasure of the Recreation Commission and
can be removed at any time for any reason, including conduct unbecoming
a coach or representative of Paramus, or for no reason.
(5)
If multiple nominations are received for a head coach position, interviews
with nominated head coaches may be held prior to appointment of the
head coach.
(6)
When appointing a coach as a head coach, the Recreation Commission
may consider a sports association's written recommendation on
behalf of a particular nominee.
(7)
When appointing a coach as an assistant coach, the Recreation Commission
will permit head coaches to select their assistant coaches. Any selected
assistant coach must be approved by the Recreation Commission.
(8)
The number of assistant coaches will be determined by the head coach,
subject to adjustment by the Recreation Commission.
(9)
Until an appointment has been approved by the Recreation Commission,
individuals may not interact with participants in any coaching capacity.
This includes, but is not limited to, distribution of equipment and
roster information, assignment of fields, practicing, etc.
(10)
Upon appointment, head coaches and assistant coaches will be
listed for each sport on the Recreation Department's website.
E.
Interviews.
[Amended 10-9-2018 by Ord. No.
18-27]
(1)
Any interviews will be conducted by the Recreation Commission Committee
for the sport, which will make a recommendation to the Recreation
Commission.
(2)
For any interviews, the Recreation Commission Committee Chairperson
may invite up to two subject matter experts to participate, none of
whom shall be a Recreation Commissioner.
F.
Removal of coaches.
[Amended 10-9-2018 by Ord. No.
18-27]
(1)
Where the Recreation Commission determines that a coach should be
suspended or removed, the Recreation Commission shall communicate
that recommendation to the Borough Administrator and the reason, if
any, for the suspension or removal. The Borough Administrator shall
make the final determination on suspension or removal, but the Recreation
Commission retains all authority to suspend the coach pending final
determination of removal; unless otherwise stated, a Recreation Commission
recommendation of removal is an automatic suspension of the coach
pending final determination of the Borough Administrator. To reach
a final determination, the Borough Administrator shall provide the
coach with notice of the opportunity for a hearing and the opportunity
to respond to the suspension or removal. The hearing shall be held
within 30 days of the Recreation Commission's recommendation
for suspension or removal, and the Borough Administrator shall render
a final written determination within 15 days after the hearing, whenever
practicable.
(2)
The Borough Administrator's final determination of suspension
or removal may be appealed to the Superior Court of New Jersey, Bergen
County Vicinage, within 45 days of a final written determination (or
such other court of competent jurisdiction). The final determination
may not be appealed to the Mayor and Council of Paramus.
