[Ord. No. 2015-02]
Pursuant to P.L. 2003, c. 199 (N.J.S.A. 40:48-1.4), the Township
Administrator or his/her designee is authorized to request a criminal
history background check of any person for an official governmental
purpose including without limitation, employment, licensing, the procurement
of services, and leadership roles in any youth program.
[Ord. No. 2015-02]
Any person 18 years of age or older at the time of commencement
of a leadership role in any youth activity regardless of the capacity
(whether a volunteer director, coach, or an employee) for any program
that is (a) organized by the Township of Springfield; (b) sponsored
by the Springfield Recreation Department or Springfield Community
Pool; or (c) considered an independent youth recreation sports club
by the Township of Springfield, and that utilizes Township facilities,
must undergo a mandatory background record check. Each person shall
file an application for the criminal background check with the State
Police via its authorized vendor, submit to fingerprinting, and bear
any and all costs involved with obtaining the criminal background
check unless reimbursed by the Township of Springfield or a youth
recreation sports club.
[Ord. No. 2015-02]
The records which the Township Administrator or his/her designee is authorized to request and receive from an employee or volunteer shall be the criminal history record information from the Federal Bureau of Investigation, Identification Section, and the State Police Bureau of Identification; provided, however, that in the case of youth program volunteers and employees, neither the entity coordinating the program, if the Township should employ such, nor the Township shall receive a copy of the detailed criminal record but will, instead receive from the State Police notification that the background check revealed information which would serve to disqualify the person who may then file an appeal pursuant to Section 24-10 hereof.
[Ord. No. 2015-02]
Pursuant to the provisions of N.J.S.A. 15A:3A-3, a person may
be disqualified from serving as an employee or volunteer of a youth-serving
organization if that person's criminal history record background
check reveals a conviction of any of the following crimes and offenses:
a.Â
In New Jersey, any crime or disorderly persons offense:
1.Â
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.;
2.Â
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.;
b.Â
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 paragraph a of this subsection.
[Ord. No. 2015-02]
In order to obtain detailed criminal history record information,
the Township Administrator or his/her designee shall request that
the prospective employee or volunteer submit the required application,
fee, and fingerprint data to the State Bureau of Identification via
its authorized vendor. The State Bureau of Identification shall receive
all criminal history record information from the Federal Bureau of
Investigation, and shall disseminate that information directly to
the applicant.
[Ord. No. 2015-02]
Any person who has undergone a background check that meets the
same standards as those conducted by the State Police, through its
authorized vendor, who can provide proof of the background check and
results, is exempt from the requirements contained herein, until three
years have elapsed since the most current background check, so long
as the most current background check is within six months from the
date of their application in a comparable background check program
and further provided that it meets the threshold standards of the
program utilized by the Township of Springfield.
[Ord. No. 2015-02]
Each person who is required to submit to a background check
in accordance with this chapter must submit to a new criminal background
record check every three years if the person wishes to continue as
a volunteer or employee with the youth programs within the Township.
Background record checks subsequent to the initial one may or may
not involve fingerprinting.
[Ord. No. 2015-02]
Any celebrity guests will be allowed to participate in youth
programs within the Township as long as they are under the supervision
of an approved background check participant. Further, this section
does not apply to volunteers and employees of teams and/or organizations
that are not based in the Township of Springfield.
[Ord. No. 2015-02]
The Chief of Police or his designated representative shall work
with the Township Administrator, the Director of Recreation, or any
other organization in administering this program.
[Ord. No. 2015-02]
a.Â
Any person who feels that he or she has been erroneously or wrongly
prohibited from participation in any activities covered by this section
may appeal to both the Township Administrator and the Director of
Recreation, in the case of volunteer and paid participation in youth
programs; or to the Township Administrator in all other cases. The
decision of the Township Administrator and/or the Director of Recreation,
as the case may be, shall be final.
b.Â
A person may challenge the accuracy of the criminal history record. The challenge shall be filed with the Township Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in Section 24-3, to obtain a detailed criminal history check for the appeals process. The challenge may be coordinated with the Chief of Police.
c.Â
A person may claim to be rehabilitated. The claim shall be filed with the Township Administrator, or his/her designee, who may request that the applicant follow the procedure outlined in Section 24-3, to obtain a detailed criminal history check for the appeals process. The claim may be coordinated with the Chief of Police. In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered: (a) The nature and responsibility of the position that the convicted person would hold, or has held, as the case may be; (b) The nature and seriousness of the offense; (c) The circumstances under which the offense occurred; (d) The date of the offense; (e) The age of the person when the offense was committed; (f) Whether the offense was an isolated or repeated one; (g) Any social conditions that may have contributed to the offense; (h) Any other 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 recommendations of those who have had the person under their supervision. If it has been determined by an Appeals Committee (which Committee shall consist of the Chief of Police, the Director of Recreation and/or the Township Administrator, and the Township Attorney), that the disqualified person has been successfully rehabilitated, the person shall be included on the list of qualified employees and volunteers.
d.Â
No person may appeal a disqualification on the ground of rehabilitation if the person has been rejected because that person has been convicted, adjudicated delinquent, or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to section (1) of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) of paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
[Ord. No. 2015-02]
a.Â
Failure to comply with this chapter may result in the Township withholding
funding for the youth-serving organization, prohibiting the use of
facilities, withholding funding for facility maintenance, or expulsion
from all coaching and employment opportunities.
b.Â
Any individual who has been advised, verbally or in writing, of his/her
disqualification to participate and continues to participate, may
be subject to a fine of not less than $250 and not more than $2,000.
Each continuing violation shall constitute a separate offense. (N.J.S.A.
40:49-5)
[Ord. No. 2015-02]
a.Â
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.
b.Â
The results of any and all criminal background checks supplied to
the Township of Springfield shall be filed and maintained in a secure
cabinet or room, and shall not be made available to the public. Appropriate
steps must be taken 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,
and thereafter shall be destroyed.
c.Â
Criminal history record information shall be limited in use solely
by the individual(s) for which it was obtained, and shall not be disseminated
to persons or organizations not authorized to receive the records.
This information shall be limited solely to the authorized purpose
for which it was given and it shall not be disseminated to any unauthorized
persons. Any person violating federal or state regulations governing
access to criminal history records information may be subject to criminal
and/or civil penalties.