[Adopted 4-14-2016 by Ord. No. 2185]
Criminal history background checks shall be required for any
adult person with direct access to minors (under the age of 18) involved
in any youth serving recreation program within the Borough of North
Arlington.
For the purposes of this section, the following words and terms
shall have the following meaning:
A vendor which is authorized by the State of New Jersey to
conduct criminal history record background checks.
The Borough of North Arlington.
Youth recreation program involving the provisions of funding
or facilities, including maintenance of facilities, by the Borough.
A determination of whether a person has a criminal record
by cross-referencing that person's records with those on file
with the Federal Bureau of Investigation Identification Division and
the State Bureau of Identification in the Division of State Police.
The Borough of North Arlington Police Department.
Youth recreation program run directly by the Borough of North
Arlington Recreation Commission, including oversight, control and/or
fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Borough of North Arlington sponsored
or cosponsored youth sports program or league that has regular unsupervised
direct access to minors as a result of a minor's involvement
with the organization.
A youth sports program or league operated by the Borough
of North Arlington Recreation Commission which is either sponsored
or cosponsored by the Borough.
A corporation, association or other organization, including
those with nonprofit status, which provides recreation-related activities
or services for persons younger than 18 years of age in connection
with Borough of North Arlington sponsored or cosponsored youth sports
programs or leagues.
A.
The Borough requires that all employees and volunteers participating
in a youth recreation program request through the Department, the
State Bureau of Identification in the Division of State Police or
an authorized vendor, conduct a criminal history record background
check on each prospective and current employee or volunteer of the
organization. All applications must be completed prior to the employee
or volunteer being allowed to participate.
B.
The Department shall provide the prospective or current person a
paper application which will include case number and directions for
completion of the fingerprinting process.
C.
The individual applicant shall bear the costs associated with conducting
a criminal history background check, unless an agreement is made otherwise
with the Borough and the Recreation Commission.
D.
The Division of State Police or the authorized vendor shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 51-21 of this article. Any information received by the Department shall be confidential.
E.
Notwithstanding any provision herein to contrary, the Borough may
also contract with a youth-serving recreation organization and the
organization may conduct the criminal history background checks in
accordance with the provisions of this section.
An employee or volunteer may be disqualified from participating
in a youth recreation program if that person's criminal history
record 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 crimes
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 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) Subsection (a) of N.J.S.A. 2C:35-10, possession
of 50 grams or less of marijuana.
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 this section.
C.
This 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 within
the Borough.
D.
Nothing herein shall be construed to authorize an employee or volunteer
that is an excluded sex offender, as defined in section 1 of N.J.S.A.
2C:7-22, to participate in a youth recreation program.
E.
Disorderly persons convictions that occurred more than 10 years prior
to the date of the criminal background search shall not serve to disqualify
the individual involved, provided there have been no subsequent convictions
and provided the original violations did not involve children or minors.
F.
Refusal. Refusal by individuals required to submit to background
checks will result in the immediate dismissal of the individual from
any Borough-sponsored activities requiring backgrounds checks.
Prior to participating in a youth recreation program, a prospective
or current employee or volunteer shall submit his or her application
and written consent to the Department for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Department through the Chief of Police, who shall
cause the background check to be conducted, and refer the information
to the state police and FBI or the authorized vendor for the initial
check. Thereafter, all subsequent background checks shall be submitted
to the Chief of Police, who shall coordinate a background check every
two years after the date of the initial check. Notwithstanding any
provision herein to the contrary, the Borough may also contract with
a youth-serving recreation organization and the organization may conduct
the criminal history background checks in accordance with the provisions
of this section.
A.
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
members of the Department as authorized by federal or state statute,
rule or regulation, executive order, administrative code, local ordinance,
or resolution regarding obtaining and disseminating of criminal history
record information obtained under this section.
B.
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 or entities. Any person
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
A.
If a criminal history record may disqualify an employee or volunteer
for any purpose, the employee or volunteer shall be provided with
an opportunity to challenge the accuracy of the information contained
in the criminal history record. The employee or volunteer shall be
afforded a reasonable period of time to correct and complete this
record. A person is not presumed guilty of any charges or arrests
for which there are no final dispositions indicated on the record.
The Department shall coordinate between the employee or volunteer
and the Division of State Police or the authorized vendor any such
opportunity to challenge the accuracy of the information contained
in the criminal history record.
B.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Department pursuant to the provisions of this section.
If an employee or volunteer is convicted of a disqualifying crime or offense as specified in § 51-21 hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Borough Administrator of that fact. Such person shall be immediately disqualified from his or her position.
In the event the Department and the Director of Recreation determines
that an individual is disqualified from participating in Borough recreation
activities as a result of a crime or violation, the individual shall
be notified by the appropriate organization chairperson, and the individual
shall have a right to request a hearing before the Appeals Council,
which should consist of the appropriate organization chairperson,
the Borough of North Arlington Chief of Police or the Chief's
designee, the Director of Recreation and the Borough of North Arlington
Borough Administrator. Any such appeal must be made within 30 days
of receipt of the notice of disqualification. Such hearing shall not
be open to the public in order to protect the privacy interests of
the individual. At the time of the hearing, the individual shall be
prepared to present any witnesses or evidence in support of his or
her claim that the violation does not negatively impact his or her
ability to be involved with youth recreation programs. The Appeals
Council shall hear the evidence and testimony as presented by the
individual and shall have the opportunity to cross-examine or call
witnesses of its own. The hearing may be continued from time to time
in the event the Appeals Council determines additional information
or testimony is needed. Upon the conclusion of any hearings, the Borough
shall render its written decision within 30 days. Further appeal from
the Committee's decision may be made to any court of competent
jurisdiction.
Failure to comply with this section may result in the Borough
withholding funding for the program or league, and/or prohibiting
the use of Borough facilities.
