[HISTORY: Adopted by the Township Committee of the Township
of Raritan 11-6-2019 by Ord. No.
19-29 (Ch. 2.113 of the 2000 Code). Amendments noted
where applicable.]
There is hereby created the Department of Recreation (also referred
to as the "Recreation Department"). The Department shall provide for
recreational opportunities of the citizens of Raritan Township and
other persons who wish to participate under the ultimate direction
of the Township Committee.
There are hereby created the positions of Director and Co-Director
of the Department of Recreation.
A.
The Director
shall:
(1)
Administer all aspects of
the recreation function, according to the Township budget, personnel
and recreation policies and contracts or agreements.
(2)
Enforce the rules and regulations,
as adopted, governing use of recreational facilities.
(3)
Report to the Township Administrator
in all duties.
(4)
Recommend for appointment
and supervise all recreation program staff.
(5)
Coordinate or delegate to
subordinates all volunteer or community group efforts to provide recreational
programming as they relate to Township facilities or calendar.
B.
The Co-Director
shall assist the Director with all functions of the Recreation Department.
The Township Committee shall set forth the fees associated with
the programs of the Recreation Department, from time to time as it
sees fit, through the adoption of a resolution. Notwithstanding the
foregoing, the Director shall create and manage a program that would
permit the indigent to participate in the programs of the Recreation
Department for a lesser amount.
[Added 5-4-2021 by Ord. No. 21-14]
The Township requires that all employees and volunteers over
the age of 18 years, who have direct contact with minors and are involved
with Township-sponsored programs, submit to a criminal history record
background check (as defined herein). For the purpose of this chapter,
a background check is defined as the determination of whether a person
has a criminal record by cross-referencing that person's name
with those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
A.
Request for criminal background checks.
(1)
The Township shall conduct a criminal history record background check
only upon receipt of written consent to check from the prospective
or current employee or volunteer. Failure to submit to such background
check shall constitute grounds for disqualification of that individual
for such programs involving minors.
(2)
The Division of State Police shall inform the Township Police Department
whether the person's criminal history record background check
reveals a conviction of a disqualifying crime or offense as set forth
hereinbelow.
(3)
The Township shall bear the cost associated with conducting this
criminal history record background check for Recreation Department
personnel.
B.
Conditions under which a person is disqualified from service. A person
shall be disqualified from serving as an employee or volunteer involved
with Township-sponsored programs involving minors if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes or offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e., criminal
homicide; murder; manslaughter; death by vehicular homicide; aiding
suicide; leaving the scene of a motor vehicle accident); N.J.S.A.
2C:12-l et seq. (i.e., assault; endangering an injured victim; recklessly
endangering another person; terroristic threats; stalking; disarming
law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq.
(i.e., kidnapping; criminal restraint; interference with custody;
criminal coercion; enticing child into motor vehicle, structure or
isolated area); N.J.S.A. 2C:14-1 et seq. (i.e., sexual assault; criminal
sexual contact; lewdness; juveniles in need of supervision); N.J.S.A.
2C:15-1 et seq. (i.e., robbery; carjacking).
(b)
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. (i.e., bigamy; endangering the welfare of children; incompetent
persons; the elderly or disabled persons; willful nonsupport; unlawful
adoptions; employing a juvenile in the commission of a crime).
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes (i.e., including theft of real or personal property
in excess of $200; receiving stolen property; fencing; theft of services;
shoplifting; computer-related theft).
(d)
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.
(e)
Providing alcoholic beverages to minors.
(f)
Sexual offenses, including but not limited to child pornography,
pursuant to N.J.S.A. 2C:24-1 et seq.
(g)
Selling firearms or other weapons pursuant to N.J.S.A. 39-9.1.
(h)
Lewdness and obscenity toward children, pursuant to N.J.S.A.
2C:24-4.
C.
Interpreting background check information. For purposes of interpreting
the information recorded in a criminal history record to determine
the qualifications of the employee or volunteer involved with Township-sponsored
programs involving minors, the Township shall presume that the employee
or volunteer is innocent of any charges or arrests for which there
are no final dispositions on the record, except for charges or arrests
for sexual misconduct.
D.
Notification of disqualification. Notification of disqualification
based on the criminal history record background check shall be made
to the prospective or current employee or volunteer by the Chief of
Police of the Township of Raritan or his designee.
E.
Submissions; exchange of background check information.
(1)
Prospective and/or current employees and volunteers of Township-sponsored
programs involving minors shall submit the name, address, fingerprints
and written consent to the Township for the criminal history record
background check to be performed. The Township shall submit this documentation
to the Chief of Police of the Township of Raritan, or his designee,
who shall coordinate the background check.
(2)
The Police Department 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 Township may, in its discretion, engage the services of a third-party
independent agency to conduct the criminal history record background
checks authorized under this section.
F.
Limitations on access and use of criminal history record background
checks.
(1)
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel of the Township-sponsored program involving minors, on a
need-to-know basis, as authorized by federal or state statute, rule
or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this chapter.
(2)
Criminal history record information for any employee or volunteer
shall be utilized solely for the authorized purpose for which it was
obtained and shall not be disseminated to persons or organizations
not authorized to receive said records for such authorized purposes.
G.
Challenging accuracy of report.
(1)
If the criminal history record disqualifies a prospective or current
employee or volunteer, the Chief of Police or his designee shall provide
the disqualified person with an opportunity to challenge the accuracy
of the information contained in the criminal history record.
(2)
The disqualified person shall be afforded a reasonable period of
time to correct this record.
(3)
A person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the record.
H.
Continuing obligation to report. All Township employees and volunteers over the age of 18 years who have direct contact with minors and are involved with Township-sponsored programs shall have an ongoing obligation to report any future charges or arrests involving crimes or offenses set forth in Subsection B(1) herein to the Chief of Police and the Director of the Department of Recreation immediately following such charge or arrest.
