[Added 7-19-2023 by Ord. No. 2023-14]
A. Recreation Advisory Committee will develop and recommend recreation
program goals, needs and improvements to the Township Committee Chairperson
or Township Liaison.
B. Recreation Advisory Committee will:
(1) Oversee and verify that all individual groups maintain their 501(c)(3)
tax exempt status and keep all required paperwork up to date.
(2) Verify that all individual groups have and are following their By-Laws.
All By-Laws must be received, reviewed and approved by Recreation
Advisory Committee.
(3) Oversee and verify that all criminal background checks and training
has been completed for all coaches and Advisory Board Members.
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.
[Amended 7-19-2023 by Ord. No. 2023-14]
A. Each representative and/or their designee 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 representatives 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
B. 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.
[Amended 7-19-2023 by Ord. No. 2023-14]
A. The Recreation Advisory Committee shall meet not later than January
31 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.
B. 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.
[Amended 7-19-2023 by Ord. No. 2023-14]
A. The Recreation Foreman and Events Manager shall serve as the Township
Committee's liaison to the Recreation Advisory Committee.
[Amended 7-19-2023 by Ord. No. 2023-14]
A. Any recognized recreational group who feels or believes it is aggrieved
by and 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's
Public Works Manager. 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.
B. The Department of Public Works Manager 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 it is practicable.
C. Any party may appeal the action of the Department of Public Works
Manager to the Township Administrator, within five days of the Department
of Public Work Manager's decision, in writing to the Township
Clerk.
D. 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.
E. Any party may appeal in the final instance the decision of the Township
Administrator to the Township Committee in the manner described above.
[Added 11-15-2012 by Ord.
No. O-2012-13; amended 12-15-2021 by Ord. No. 2021-29; 12-21-2022 by Ord. No. 2022-26]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CRIMINAL BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that person's name and certain personal
identifying information, such as date of birth, social security number,
etc., as needed, 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.
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.
B. Non-sponsored youth programs; criminal background checks required
for use of West Deptford Township facilities.
(1) 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, such club or organization must
certify to the West Deptford Township Recreation Director that 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 have passed a criminal background check performed
within three years of the start of use of the township-owned facility.
(2) 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 or individuals
involved in administering Township-sponsored youth programs.
(3) The cost of criminal background checks for individuals not administering
a township sponsored program shall be borne by the individual or program
with which they are participating.
(4) 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. Any person who knowingly certifies to criminal
background checks that are not accurate shall be in violation of this
section and laws regarding false swearing.
Any league, club, organization or team who fails to comply with
requirements of this section shall have its annual allotment withheld
for the year it is noncompliant and shall be denied access/use of
all Township facilities.
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C. Township-sponsored youth programs; criminal background checks.
(1) 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, for the purpose
of obtaining a criminal background check. Applications for criminal
background checks shall be processed by the West Deptford Township
Chief of Police.
(2) The individual applying for the background cheek shall authorize
the Chief of Police to be the recipient of the findings of the criminal
background check.
(3) Individuals involved in a West Deptford Township-sponsored youth
function, and who are required to undergo criminal 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 criminal background checks for
individuals qualified under this section.
D. Qualification.
(1) 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 criminal background check. Individuals
issued identification cards are required to display their card while
in performance of their duty involving youth programs.
E. Disqualification.
(1) Upon receipt of a completed criminal background check, 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 criminal 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 Chief of Police.
(2) 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:
(a)
In New Jersey, any crime or disorderly persons offense:
[1]
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]
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.;
[3]
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
[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 paragraph (4) of subsection a of N.J.S.A. 2C:35-10.
(b)
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 Subsection
E(2)(a) of this section.
(3) 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.
(4) Refusal by individuals required to submit to criminal background
checks will result in an immediate dismissal of the individual from
any Township-sponsored activities requiring criminal background checks.
(5) Failure to disclose criminal history shall be grounds for disqualification.
In addition, refusal to comply with this section by any individual
falling within the scope of requirements for non-sponsored youth programs
will forfeit those individuals ability to participate with the respective
program. Refusal of a non-Township sponsored youth program to subscribe
to the requirements of this section shall forfeit that programs ability
to use municipal facilities.
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F. Appeal procedure.
(1) Any person whose criminal 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
record;
(b)
A person may claim to be rehabilitated;
(c)
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.
(2) 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 criminal background check vender.
(3) 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 Township Administrator. Any such appeal must
be made within 30 days of receipt of the notice of disqualification.
(4) In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals Committee shall consider the following factors:
(a)
The nature and responsibility of the position which 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;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(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 recommendation
of those who have had the person under their supervision.
(5) 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.
G. Frequency of criminal background checks.
(1) All non-sponsored youth programs that have individuals subject to
this section shall certify to the completion of criminal 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
certification of criminal background check shall be submitted to the
Public Works Manager or designee.
(2) All township-sponsored youth programs that have individuals subject
to this section shall direct those individuals to the Chief of Police
for criminal 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 criminal background check shall
be submitted to the Chief of Police.
H. Township employment. In the event of a negative determination arising
from a criminal 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.
I. 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.
J. Effective date. This section shall take effect on January 1, 2023.