[HISTORY: Adopted by the Township Committee of the Township of West Deptford 3-16-1989 by Ord. No. 89-6. Amendments noted where applicable.]
[Editor's Note: Former Ch. 56, Recreation Commissioners, Board of, adopted 6-18-1970 as Section 2:7-2 of the General Ordinances, as amended, was repealed 3-16-1989 by Ord. No. 89-5.]
There shall be established in West Deptford Township a Recreation Advisory Committee consisting of the following: one representative from each recognized, nonprofit recreational group as recognized by the Township Committee and three at-large members to be appointed by the Township Committee.
A "recognized group" is defined as a West Deptford-based nonprofit, [Internal Revenue Code 501(c)(3)] recreational or cultural organization, group or club. Said recreational or cultural group shall have 70% of its participants either residing in West Deptford Township and/or employed by a West Deptford Township-based employer.
The Township Committee, in the exercise of its discretion and when special circumstances exist and the public interest and general welfare of the community warrant the same, may change, modify, waive, alter or amend the percentage of participants requirements as defined herein above.
The terms of office for each representative to the Recreation Advisory Committee from each recognized, nonprofit recreational group shall be one year, commencing January 1 and ending December 31. The terms of office for the at-large representatives appointed by the Township Committee shall be staggered and shall be as follows: at the time of first appointment, one representative shall serve for one year, one representative shall serve for two years, and one representative shall serve for three years. At the expiration of these respective terms of office and thereafter, each at-large representative shall be appointed for a term of three years. Said terms commencing on January 1.
Each representative to the Recreation Advisory Committee shall be appointed by the recognized group as herein above defined. Each recognized group shall notify the Township Clerk, in writing, not later than December 15 of its representative to serve for the succeeding year on the Recreation Advisory Committee. That person so designated by said group shall be that group's sole representative to the Recreation Advisory Committee.
In the event of death, incapacity, illness or resignation of the designated representative to the Recreation Advisory Committee, the affected group shall have the right to designate another representative who shall serve the unexpired term of the person replaced.
The Recreation Advisory Committee shall meet not later than January 15 to hold a reorganization meeting wherein the time, date and place for the regular meetings of the Recreation Advisory Committee for that calendar year shall be established. The Recreation Advisory Committee shall meet at least four times in said year.
Also at said reorganization meeting, a Chairperson, Vice Chairperson and Secretary shall be elected, who along with two other members of the Recreation Advisory Committee shall constitute the Executive Committee of the Recreation Advisory Committee.
The Recreation Director appointed by the Township Committee shall serve as the Township Committee's liaison to the Recreation Advisory Committee.
The Recreation Advisory Committee, through its Executive Committee, shall have authority to develop a schedule for use of township recreational facilities and recommend said schedule to the Township Recreation Director. In addition, the Recreation Advisory Committee through the Executive Committee, shall also develop and recommend recreational programs and goals to the Recreation Director.
Any recognized recreational group who feels or believes it is aggrieved by any of the actions of the Recreation Advisory Committee shall have the right to appeal any of the Recreation Advisory Committee's actions and/or recommendations in the first instance to the Township Recreation Director. Said appeal shall be filed not later than five days from the date of any action or recommendation taken by the Recreation Advisory Committee and shall be in writing to the Township Clerk.
The Recreation Director shall thereafter set this matter down for a hearing and consider the testimony of all witnesses and other evidence to be presented and at the conclusion of which he shall render his decision as soon as is practicable.
Any party may appeal the action of the Recreation Director to the Township Administrator, within five days of the Recreation Director's decision, in writing to the Township Clerk.
The Township Administrator shall set this matter down for hearing and, after considering the testimony of witnesses and other evidence to be presented, shall as soon as is practicable render a decision thereon.
Any party may appeal in the final instance the decision of the Township Administrator to the Township Committee in the manner described above.
In the event that any recognized group desires to appeal any action, recommendation and/or decision of the Recreation Director, then said appeal will be made to the Township Administrator in the first instance in the manner as outlined above. The second and final appeal, if any, from the Township Administrator's decision and or recommendation, shall be to the Township Committee in the same manner as described above.
[Added 11-15-2012 by Ord. No. O-2012-13]
As used in this section, the following terms shall have the meanings indicated:
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- 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 Federal Bureau of Investigation, Identification Division and/or the NJ State Bureau of Identification in the Division of State Police.
- NON-SPONSORED YOUTH PROGRAMS
- Any youth programs not sponsored by the Township of West Deptford, but that utilize municipal facilities or have affiliation with a township-sponsored youth program and having contact with persons under the age of 18 years. This includes any and all leagues, boards and commissions, groups or clubs that receive an annual allotment from the Township of West Deptford and having contact with persons under the age of 18 years.
- TOWNSHIP-SPONSORED YOUTH PROGRAMS
- Any programs sponsored by the Township of West Deptford, including but not limited to the Summer Recreation Program.
- YOUTH PROGRAMS
- Any programs that allow for participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, clubs or camps and trips or other activities whereby some control and responsibility for children is assigned to some person acting for or on behalf of the township other than a parent or caregiver.
Non-sponsored youth programs — criminal background checks — required for use of West Deptford Township facilities.
Prior to any club or organization, not defined as a township-sponsored youth program, being authorized to use township-owned facilities for functions participated in by children, all adults, those persons 18 years of age or older, in any way assisting in the function, including but not limited to coaches, assistant coaches, or similar positions, must provide the West Deptford Township Recreation Director with findings of a criminal background check obtained from the State Bureau of Identification in the New Jersey State Police. The submission of background check findings must be based upon a check performed within three years of the start of use of the township-owned facility.
In the case of coaches performing duties as employees of a school district, the policy of background checks adopted by the individual school district shall be used to establish eligibility for use of township-owned facilities. In all cases the background check must comply with the provisions of any applicable laws regarding same, but not less detailed than those performed by the township for individuals involved in administering township-sponsored youth programs.
The cost of background checks for individuals not administering a township-sponsored program shall be borne by the individual or program with which they are participating.
All league officers and/or those individuals in charge of each recreation program are required to ensure compliance with this section 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 cheek procedures of this section. The roster shall be on forms supplied by the Township of West Deptford 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 section and laws regarding false swearing.
Township-sponsored youth programs — background checks.
All adults, those persons 18 years of age or older, including but not limited to lifeguards, recreation counselors, or similar positions involved in educating, directing or supervising youth, and in any way assisting in a West Deptford Township-sponsored function participated in by children, shall submit sufficient information on forms supplied by the West Deptford Township Recreation Director from the New Jersey State Police, for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police. Applications for background checks shall be processed by the West Deptford Township Chief of Police.
Based upon a Memorandum of Understanding to be executed between the Township of West Deptford and the New Jersey State Police, the individual applying for the background cheek shall authorize the Chief of Police to be the recipient of the affirmative or negative response from the State Police based upon the findings of the background check.
Individuals involved in a West Deptford Township-sponsored youth function, and who are required to undergo background checks based upon this section, shall not be responsible for the costs involved with obtaining the criminal background check. The Township of West Deptford shall bear the costs for the background checks for individuals qualified under this section.
Individuals engaged in providing recreation opportunities for, or on behalf of, a sponsored or non-sponsored youth program shall be issued identification cards with appropriate expirations 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.
Upon receipt of a completed background cheek conducted by 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 recreation program of affirmative or negative results. The determination of the Chief of Police is based upon Subsection E(2) of this section. Details in the background check that result in a negative determination by the State Police are not afforded to the Recreation Director and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact 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 18 years held at any Township-owned facilities. Such offenses shall include, but not be limited to:
In New Jersey, any crime or disorderly persons offense:
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.;
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.;
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
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 individuals required to submit to background checks will result in an immediate dismissal of the individual from any township-sponsored activities requiring background checks.
Failure to disclose criminal history shall be grounds for disqualification.
Any person whose criminal history background check disqualifies that person from employment or from volunteering, may appeal his or her disqualification.
A person may challenge the accuracy of the criminal history record;
A person may claim to be rehabilitated;
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; 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) or paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
A challenge to the accuracy of the report shall be filed with the West Deptford Township Chief of Police, who shall coordinate the challenge with the New Jersey State Police.
An appeal based on rehabilitation shall be made to an Appeals Committee, which shall consist of the Township Solicitor, the West Deptford Township Chief of Police, and the West Deptford Administrator. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Committee shall 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 circumstances 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 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 recommendation of those who have had the person under their supervision.
If the Appeals Committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the Director of Parks and Recreation.
Frequency of background checks.
All non-sponsored youth programs that have individuals subject to this section shall supply background checks for all of its participants prior to the individual being able to participate at any function at a township-owned facility to the extent covered by this section. Thereafter, every two years a new background check shall be submitted to the Recreation Director.
All township-sponsored youth programs that have individuals subject to this section shall direct those individuals to the Chief of Police for background checks prior to the individual being able to participate at any function sponsored by the Township of West Deptford. Thereafter, every three years a new background check shall be submitted to the Chief of Police.
Individuals involved in township-sponsored youth programs who are required to undergo background checks shall be given an interim approval for participation only after submission to the Division of State Police for a background check. Interim approvals shall only be valid for the period of time that it takes to receive background checks results. Such interim approval shall not be valid for a period of time exceeding 45 days, Only one interim approval may be granted per individual.
In the event of a negative determination arising from a background check of a township employee subject to this section, eligibility for new employment and continued employment shall be determined in accordance with the policies and procedures with the Township of West Deptford.
Notwithstanding anything stated herein, the township 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.
Privacy. Any and all criminal background checks shall be supplied to the Chief of Police, filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The Chief of Police shall take appropriate steps 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.
Effective date. This section shall take effect on January 1, 2013.