[[1]HISTORY: Adopted by the Board of Trustees of the Village
of Island Park as indicated in article histories. Amendments noted
where applicable.]
[1]
Editor's Note: Former Ch. 90, Background Checks, comprised
of Art. I, Events and Festivals on City Property, adopted 9-21-2005 by Ord. No.
76-2005, was repealed 6-16-2021 by Ord. No. 24-2021.
[Adopted 10-20-2021 by Ord. No. 46-2021]
As used in this article, the following terms shall have the
meanings indicated:
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 New Jersey State Bureau of Identification in
the Division of State Police.
The municipality of the City of Atlantic City, in the County
of Atlantic, State of New Jersey.
Any program sponsored by the municipality of Atlantic City,
including any municipal employees, volunteer organizations created
by the municipality, and all leagues, boards, committees and commissions
affiliated with, falling within the purview, or acting for or on behalf
of the municipality of Atlantic City and having contact with persons
under the age of 18 years.
Any youth program not sponsored by the municipality of Atlantic
City, but that utilizes municipal facilities or has affiliation with
a municipal-sponsored youth program and having contact with persons
under the age of 18 years.
Any program that allows for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting or athletic activities, passive recreation
groups, cultural programs, clubs or camps and trips or other activities
whereby some control and responsibility for children are assigned
to some person acting for or on behalf of a municipal-sponsored or
nonsponsored youth program, other than a parent or caregiver.
A.
Prior to any municipal-sponsored or nonsponsored youth program, club
or organization, being authorized to use municipal-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, volunteers, or similar
positions, must provide the municipal Chief of Police or designee
with findings of a criminal history background check obtained from
the State Bureau of Identification in the New Jersey State Police.
B.
All league officers and/or those individuals in charge of each program
are required to ensure compliance with this article for that league
or program. The leader of each program shall file an annual roster
of individuals that are required to participate in the background
check procedures of this article. The roster shall be on forms supplied
by the municipality 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 article and laws
regarding false swearing.
A.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the municipal Chief of Police or designee shall notify the applicant and the president or leader of the program of affirmative or negative results. The determination of the municipal Chief of Police or designee is based upon Subsection B(1) of this section.
B.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which could negatively impact the health, safety
and welfare of children, it is in the City's discretion to determine
whether said person shall not be qualified to participate in any capacity,
in any function held at any municipal-owned facility with persons
under the age of 18 years. Such offenses include, but are not limited
to:
(1)
In New Jersey, any of the following:
C.
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.
D.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
activities requiring background checks. In addition, refusal to comply
with this article by any individual falling within the scope of requirements
for nonsponsored youth programs will forfeit that individual's
ability to participate with the respective program. Refusal of a non-municipal-sponsored
youth program to subscribe to the requirements of this article shall
forfeit that program's ability to use municipal facilities.
E.
A criminal history shall not constitute an absolute bar for employment
in or participation in any position, program or event which by nature
and function of the position, program or event is diversionary and
requires or recommends the participation of individuals with a criminal
history. Individuals operating in such a capacity shall be assessed
on a case-by-case basis as to their suitability for employment or
participation under this article.
All municipal-sponsored and nonsponsored youth programs that
have individuals subject to this article shall supply background checks
for all of its participants prior to the individual being able to
participate at any function at a municipal-owned facility to the extent
covered by this article. Thereafter, every three years, a new background
check shall be submitted to the Chief of Police or designee.
Any person whose criminal history background check disqualifies
that person from employment or from volunteering may appeal their
disqualification.
A.
Appeal re: accuracy of record. A person may challenge the accuracy
of the criminal history record.
(1)
A challenge to the accuracy of the report shall be filed with the
municipal Chief of Police or other chief of law enforcement officer,
who shall coordinate the challenge with the New Jersey State Police.
B.
Appeal alleging rehabilitation. A person may claim to be rehabilitated.
(1)
No person may appeal a disqualification on the grounds of rehabilitation,
if the person has been disqualified because that person has been convicted
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)
Appeals Committee. An appeal based on rehabilitation shall be made
to an Appeals Committee as designated by the Business Administrator.
Any such appeal must be made within 30 days of receipt of notice of
disqualification.
(3)
Rehabilitation criteria. 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;
(d)
The date of the offense;
(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.
(4)
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 municipal Chief of Police or other chief law enforcement officer
of the municipality.
A.
Any and all criminal background checks supplied to the municipal
Chief of Police or designee shall be filed and maintained in a secure
and locked cabinet or room and shall not be available to the public.
The Chief of Police or designee 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.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose,
and thereafter shall be destroyed.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by federal or state
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history record information
obtained under this section.
C.
The review committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized person. Any person violating federal
or state regulations governing access to criminal history records
information may be subject to criminal and/or civil penalties.
A.
Failure to comply with this article may result in the municipality
withholding funding for the nonprofit youth-serving organization or
prohibiting the use of facilities.
B.
Any individual who has been advised, verbally or in writing, of their
disqualification to participate and continues to participate, upon
conviction thereof in a proceeding before a court of competent jurisdiction,
is subject to the following fines:
Should any provision of this article be inconsistent with the
provisions of any prior ordinances, the inconsistent provisions of
such prior ordinances are hereby repealed, but only to the extent
of any inconsistencies.
This article shall take effect upon passage and publication.
