A Board of Recreation Commissioners is hereby established, which
shall consist of seven members and two alternate members, who shall
be designated Alternate Member No. 1 and Alternate Member No. 2, respectively.
All members and alternate members shall be citizens and residents
of the Borough of Wood-Ridge.
The Board of Recreation Commissioners may establish programs,
services and activities for the enjoyment of the citizens and residents
of the Borough and may charge a reasonable user fee for such programs,
services and activities regardless of the age of any participants.
[Added 6-17-2020 by Ord.
No. 2020-6]
A. Applicability. This section applies to criminal history background
checks of employees and volunteers involved with programs involving
minors.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BOROUGH-SPONSORED PROGRAMS
Any programs sponsored by the Borough which provide and utilize
Borough facilities and/or Borough property and/or are covered under
the Borough's insurance.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that 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 agency deemed necessary
by the contracted entity appointed by the Borough of Wood-Ridge to
obtain criminal history background information.
CRIMINAL HISTORY RECORD INFORMATION
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of New Jersey courts
and/or law enforcement agencies or other states' computerized repositories
containing criminal history record information consisting of identifiable
descriptions and notations of arrests, indictments or other formal
criminal charges, and any dispositions arising therefrom, including
convictions, dismissals, correctional supervision and release.
DEPARTMENT
The Borough of Wood-Ridge Police Department.
NONCRIMINAL JUSTICE PURPOSE
Any purpose, other than administration of criminal justice
or a criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a federal or
state statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
any law enforcement agency or other states' computerized repositories
for the dissemination of criminal history record information.
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established
pursuant to Title 15 of the New Jersey Revised Statutes, Title 15A
of the New Jersey Revised Statutes, or other law of this state, but
excluding public and nonpublic schools, and which provides recreational,
cultural, charitable, social or other activities or services for persons
younger than 18 years of age and is exempt from federal income taxes.
C. Requests for criminal background checks.
(1) The Borough requires that all employees and volunteers of a nonprofit
youth-serving organization request through the Department that the
contracted entity conduct a criminal history record background check
on each prospective and current employee or volunteer of the organization.
A criminal history record background check at the same level performed
by the same third-party independent agency contracted by the Borough
within one year of the date of application to serve as an employee
or volunteer of a nonprofit youth-serving organization shall be accepted
by the Borough as a valid criminal history record background check.
(2) The Borough shall facilitate a criminal history record background
check only upon receipt of the written consent from the prospective
or current employee or volunteer.
D. Conditions for disqualification from service.
(1) A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes or offenses:
(a)
In New Jersey, any crime or disorderly persons offense:
[1]
N.J.S.A. 2C:11, homicide: all offenses.
[2]
N.J.S.A. 2C:12, aggravated assault; endangering; threats: all
offenses.
[3]
N.J.S.A. 2C:13, kidnapping: all offenses.
[4]
N.J.S.A. 2C:14, sexual offenses: all offenses.
[5]
N.J.S.A. 2C:15, robbery: all offenses.
[6]
N.J.S.A. 2C:24, offenses against the family, children and incompetents:
all offenses.
[7]
N.J.S.A. 2C:35, controlled dangerous substances: all offenses 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
D(1)(a).
(2) For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a nonprofit youth-serving organization and/or the employee
or volunteer involved with Borough-sponsored programs involving minors,
the Borough shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
(3) The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough of Wood-Ridge. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Administrator that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection
H.
E. Submission and exchange of background information.
(1) Prospective or current employees and volunteers of nonprofit youth-serving
organizations and/or employees and volunteers of Borough-sponsored
programs involving minors shall submit their names, addresses, fingerprints
and written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the designated contracted entity, which shall coordinate
the background check. Thereafter, all subsequent background checks
shall be submitted to the designated contracted entity every three
years after the date of the initial check.
(2) The contracted entity shall act as a clearinghouse for the collection
and dissemination of information obtained as a result of conducting
criminal history record background checks pursuant to this section.
(3) The Borough may, in its discretion, engage the services of a qualified
entity to conduct the criminal history record background checks authorized
under this section.
F. Limitations on access and use.
(1) Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel in the nonprofit youth-serving organization and/or the Borough-sponsored
program involving minors, on a need-to-know basis, as authorized by
federal or state statute, rule or regulation, executive order, administrative
code, or local ordinance or resolution regarding obtaining and dissemination
of criminal history record information obtained under this section.
(2) Such persons or organizations shall limit their use of criminal history
record information solely to the authorized purpose for which it was
obtained, and criminal history record information furnished shall
not be disseminated to persons or organizations not authorized to
receive the records for authorized purposes. Use of this record shall
be limited solely to the authorized purpose for which it was given,
and it shall not be disseminated to any unauthorized persons. This
record shall be destroyed immediately after it has served its intended
and authorized purpose. Any person violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
G. Challenge to accuracy of report. If this criminal history record
may disqualify an applicant or existing employee or volunteer for
any purpose, the Borough shall provide the disqualified person with
an opportunity to challenge the accuracy of the information contained
in the criminal history record. The disqualified person shall be afforded
a reasonable period of time to challenge and correct this record.
A person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the record.
H. Appeal process.
(1) Criminal background check appeal process. If the criminal background
check disqualifies an employee or volunteer or denies the challenge
concerning the accuracy of a criminal history report, the employee
or volunteer may appeal that determination by filing a written notice
of appeal with the Clerk of the Borough of Wood-Ridge no later than
20 days after receiving the determination from the Borough Administrator.
Any appeal requested shall proceed before the Criminal Background
Check Appeal Panel.
(2) Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this section by the Borough Administrator, the
Borough of Wood-Ridge hereby creates a Criminal Background Check Appeal
Panel, which shall consist of three members: the Chief of Police,
Borough Administrator and Borough Attorney.
(3) Powers of Appeal Panel. The Criminal Background Check Appeal Panel
is granted and shall have and exercise, in addition to other powers
herein granted, all the powers necessary and appropriate to carry
out and execute the purposes of this section, including but not limited
to holding hearings and adjudicating appeals by employees and volunteers
dissatisfied with the determination of the criminal background check
concerning the disqualification of the employee or volunteer and/or
the accuracy of the criminal history record.