There shall be a Board of Engineers within the Fire Department,
composed of the Chief, Deputy Chief and the Assistant Chiefs of the
Department, which shall hold regular monthly meetings with the Fire
Committee of the Council and advise with the Chief and Fire Committee
on the operation of the Department and the care of the equipment,
except as hereinafter specified.
[Amended 2-16-10 by Ord. No. 2321]
A.
A Board of Health has been established in the Borough of Somerville.
The Board is composed of seven (7) members, each of whose term is
three (3) years.
[Added 11-15-10 by Ord. No. 2334]
A Library Advisory Board is hereby established to act as liaison
between the Borough of Somerville and the Somerset County Library
Commission and to perform such other functions as shall from time
to time be appropriate for the continuation of a public library within
the Borough of Somerville. The membership and respective terms of
Public Library Board of Trustees shall be appointed to the initial
Library Advisory Board provided that thirty (30) days prior to the
effective date of establishment of the Somerville Library Advisory
Board, members of the Somerville Public Library Trustees accept the
position in writing. Each existing member that accepts the appointment
shall complete their initial term in accordance in which the members
were appointed to the Public Library Board of Trustees.
The Library Advisory Board shall consist of the Mayor or designated
alternate, the Borough's Superintendent of Schools or designated alternate,
and seven (7) resident members appointed by the Mayor with the advice
and consent of the Council. Following the completion of the original
terms each member appointed by the Mayor with the advice and consent
of the Council shall serve for a term of three (3) years and until
a successor is appointed and qualified. The Mayor or designee and
the School Board Superintendent designee shall serve one (1) year.
The Library Council shall adopt bylaws governing the conduct
of its business and shall hold an organizational meeting annually
in January of each year.
[Added 12-19-2016 by Ord. No. 2511; amended 6-6-2022 by Ord. No. 2673]
There is hereby established a Recreation Committee. The Committee
will be effective January 1, 2017.
[Amended 6-6-2022 by Ord. No. 2673]
A.
Said Committee shall consist of nine members.
B.
The Recreation Committee shall select annually a Chairperson and
a Vice Chairperson.
C.
The Committee Members shall meet monthly or as designated as per
the Chair.
D.
The meetings shall be public meetings and open to the public as per
the Open Public Meetings Act.
[Amended 6-6-2022 by Ord. No. 2673]
A.
The Committee Members shall be appointed on January 1, 2017 as follows:
B.
The Mayor shall appoint all Committee Members with consent of Borough
Council.
C.
The Committee members shall receive no compensation for their service.
D.
The length of the terms shall be for three years upon expiration
of the initial term period.
E.
If a member is absent for more than 60% of the annual meetings the
member shall be considered resigned unless provided a stay by the
Committee in cases of extraordinary circumstances.
[Amended 6-6-2022 by Ord. No. 2673]
The Borough shall through its budgeting process appropriate
funds for the function of recreation. The Department shall not incur
any expenses in excess of the amounts appropriated for the Department
in the Municipal Budget.
On December 31, 2016 the Recreation Commission will have remaining
funds in an account; said funds shall be used in the year of 2017
by the Department of Recreation as directed by the Recreation Committee,
if a balance of funds exist on December 31, 2017, said balance shall
remain in a trust account for use.
[Amended 6-6-2022 by Ord. No. 2673]
The Recreation Committee Members shall consult with, advise
and assist the Director of Recreation with planning, developing, implementing,
conducting programs, and providing policy decision making recommendations.
The Committee shall identify specific training and education requirements
to qualify to be a volunteer. (For example Rutgers Safety Certification)
[Amended 6-6-2022 by Ord. No. 2673]
A.
Background checks required.
(1)
Any nonprofit, youth serving organization, as defined by State law,
N.J.S.A. 15A:3A-1, including the Department of Recreation, which operates
a youth sports program that receives funding from Somerville Borough
or utilizes facilities owned or maintained by Department of Recreation
shall require all employees and volunteers of that organization who
have regular, unsupervised contact with minors to obtain a criminal
history background check.
(2)
All such employees or volunteers shall file completed applications
for the background check including fingerprints, prior to their first
day of service. No such employee or volunteer shall be permitted to
serve the organization unless that person consents in writing to the
background check, Until a background check is complete, employees
and volunteers shall not have regular, unsupervised contact with any
minor.
(3)
The employee or nonprofit youth-serving organization shall bear the
costs associated with conducting the background check, in accordance
with N.J.S.A. 15A:3A-2(d).
(4)
Any person who is employed as a full-time staff member with the Borough
of Somerville School District shall be exempt from the requirements
hereunder. And the Borough will accept backgrounds checks conducted
as part of employment and volunteerism from accredited organizations.
B.
Conditions under which a person shall be disqualified from service.
(1)
A person shall be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history background check reveals a record of conviction of any of
the following crimes and offenses:
(a)
In New Jersey, any crime or disorderly persons offense:
[1]
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1, et seq., such as
criminal homicide; N.J.S.A. 2C:12-1, et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1, et seq., such as
kidnapping; N.J.S.A. 2C:14-1, et seq., such as sexual assault; or,
N.J.S.A. 2C:15-1, et seq., such as robbery;
[2]
Against the family, children or incompetents, meaning those
criminal and disorderly persons offenses set forth in N.J.S.A. 2C:24-1,
et seq., such as endangering the welfare of a child;
[3]
Involving theft as set forth in Chapter 20 of Title 2C of the
State of New Jersey Statutes;
(2)
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 this section.
C.
Submissions, exchange of background information.
(1)
Each employee or volunteer shall submit his or her application for
a criminal history background check through the New Jersey State Police
Volunteer Review Operation (VRO) which requires fingerprint samples
be taken for all volunteers. The fingerprinting is arranged through
the designated agency conducting fingerprinting. The Director of Recreation
shall coordinate the background checks with the Somerville Police
Department and the New Jersey State Police, in accordance with the
requirements of N.J.S.A. 15A:3A-1 et seq.
(2)
If the background check disqualifies the individual from employment
or volunteering, he or she shall be so notified by the Recreation
Department and such information shall be kept confidential.
(3)
Successful background checks shall be reported to the Director of
Recreation, who shall maintain a list of all individuals who are qualified
to serve as employees or volunteers with nonprofit youth-serving organizations
by virtue of their having successfully completed the background check.
The Director of Recreation may share that list with organizations
who would like to know if a prospective employee or volunteer has
passed the background check.
(4)
A successful background check remains valid for the term in which
the employee and/or volunteer remains active, however the Recreation
Department may exercise its right to request a background check at
its discretion at any time during active service as an employee and/or
volunteer.
(5)
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.
D.
Appeal procedure.
(1)
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
(a)
A person may challenge the accuracy of the criminal history
check;
(b)
No person may appeal a disqualification on the grounds 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; 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. on 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) or paragraph (4) of subsection b. of N.J.S.A. 2C:34-1;
or an attempt to commit any of these enumerated offenses.
(2)
A challenge to the accuracy of the report shall be filed with the
Borough of Somerville Chief of Police, who shall coordinate the challenge
with the New Jersey State Police.
E.
Penalty.
(1)
Failure to comply with this section will result in the Recreation
Department prohibiting the use of facilities or withholding sponsorship
for the facility.
(2)
In the event that any portion of this section is found to be invalid
for any reason by any court of competent jurisdiction, such judgment
shall be limited in its effect only to that portion of the section
actually adjudged to be invalid, and the remaining portions of this
section shall be deemed severable there from and shall not be affected.
