[HISTORY: Adopted by the Township Council
of the Township of Medford 5-16-2023 by Ord. No. 2023-6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 58,
Criminal History Record Background Checks, adopted 12-9-2008 by Ord. No.
2008-33, as amended.
A.
The purpose of this chapter is to provide for the safety of children
engaged in activities sponsored by youth organizations by taking steps
to provide for the reasonable assurance that volunteers for youth
organizations and non-volunteers working with youth organizations
have been subject to a criminal history record background check.
B.
The focus of this chapter is to require volunteers and non-volunteers
for youth organizations to obtain required mandatory background checks.
As such, a youth organization and an individual administering a youth
organization's compliance with this chapter will not be cited
for failing to meet the requirements of this chapter unless the failure
was a result of gross negligence or willful misconduct.
As used in this chapter, 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, the New Jersey State Bureau of Identification in the Division
of State Police, and/or a private firm certified in the State of New
Jersey to conduct said background checks.
Any adult individual of the age of 18 years or older who
is employed by or compensated for his or her work in association with
a youth organization as a trainer.
A committee comprised of the Chief of Police (or his/her
designee), the Township Manager (or his/her designee) and one Township
resident appointed to the Review Committee by Township Council.
Any adult individual of the age of 18 years or older who
volunteers his or her time and acts as a coach, leader, instructor,
trainer or similar position for a youth organization.
A.
Mandatory background check. All individuals seeking to volunteer
for or serve as a non-volunteer for youth organizations shall be required
to submit to a mandatory background check. This requirement shall
apply to new volunteers and non-volunteers as well as existing volunteers
and non-volunteers, and the requirement may not be waived by the youth
organizations or any other entity. Certified teachers who are currently
teaching, law enforcement officers, federal agents who are authorized
to carry a firearm, military defense contractor employees, or others
who already obtain a similar background check may gain exemption by
providing a copy of proof of passing their employer-processed background
check to the youth organization and the Township Clerk. Determination
as to whether the background check information provided is sufficient
to meet the standards and intent of this chapter shall be made by
the Chief of Police or his/her designee.
B.
Process. All volunteers and non-volunteers shall be required to submit to a background check, which shall be conducted by the New Jersey State Police Bureau of Investigation, by a private firm certified in the State of New Jersey, or under the auspices of a national youth sports governing body meeting all criteria in the State of New Jersey to conduct said background checks. The results of the background check will be submitted to the youth organization, and the youth organization shall maintain the results as confidential. If the background check reveals that the volunteer or non-volunteer is currently charged with or has been previously convicted of any felony, any lessor crime involving force or threat of force, any lesser crime of a sexual nature or classified as a sex offense, any lessor crime involving controlled substances (not including paraphernalia or alcohol), any lesser crime involving cruelty to animals, and/or sex offender registrant under New Jersey's Megan's Law, and/or any lessor crime involving harm to a minor, including specific offenses as follows: 1) homicide, 2) assault, 3) endangering, threats, 4) kidnapping, 5) sexual offenses, 6) robbery, 7) theft, 8) offenses against the family, children and incompetents, or 9) possession, use, and/or distribution of a controlled dangerous substance 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, or such act that the Review Committee determines are grounds for disqualification, then the volunteer or non-volunteer shall be deemed to have failed the background check and shall not be permitted to be a volunteer or non-volunteer in any way for a youth organization.
C.
Notification of failed background check. If an individual desiring
to be a volunteer for or a non-volunteer associated with a youth organization
fails the background check, the individual shall be notified of the
failure in writing via certified and regular mail by the youth organization.
The individual shall further be advised in writing of his or her right
to an appeal hearing before the established Review Committee, which
hearing must be requested within 20 days of the receipt of the notice.
D.
Appeal hearing. If an appeal hearing is requested by the individual
pursuant to this section, at the hearing, the Review Committee shall
first state the reasons for the denial on the record, and the individual
shall thereafter be permitted to state his or her reasons as to why
he or she should still be permitted to be a volunteer or non-volunteer.
The Review Committee shall thereafter render a decision on the individual's
appeal by majority vote and may either permit the individual to be
a volunteer or non-volunteer or reject the individual's appeal.
The appeal may be granted or denied in the sole discretion of the
Review Committee. The hearing may be conducted in executive session
pursuant to the provisions of the Open Public Meetings Act.[1]
(1)
The factors to be considered by the Review Committee when considering
and deciding an appeal include, but are not limited to:
(a)
Whether the results of the background check were accurate;
(b)
The nature and responsibility of the position for which the
individual would hold or has held;
(c)
The nature and seriousness of the crime or offense;
(d)
The circumstances under which the crime or offense occurred;
(e)
The date of the crime or offense;
(f)
The age of the individual when the crime or offense was committed;
(g)
Whether the crime or offense was an isolated or repeated incident;
(h)
Any social conditions which may have contributed to the crime
or offense;
(i)
Any evidence of rehabilitation, including good conduct in the
community, counseling or psychiatric treatment received, and the acquisition
of additional academic or vocational education and prior participation
in youth organizations; and
(j)
The recommendation of those who have had experience with the
individual.
(2)
Within 10 days after the hearing, the Review Committee's decision
shall be reduced to writing by the Review Committee and mailed by
certified and regular mail to the individual.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
E.
Youth organization obligations.
(1)
The youth organization, through a designated officer or leader, shall
use its best efforts to compile an annual roster of volunteers and
non-volunteers who are required to participate in the background check
procedures of this chapter. The youth organization shall sign the
roster certifying to the best of the knowledge of the certifying officer
or leader of the youth organization the accuracy and completeness
of the roster and volunteers' and non-volunteers' names.
The youth organization shall maintain records including the names
of all known volunteers and non-volunteers and the date of their last
background check. These records shall be disclosed upon request to
the Township Manager or his/her designee to help ensure that all volunteers
and non-volunteers are currently compliant with regard to the background
check requirements.
(2)
Identification cards shall be issued to all volunteers and non-volunteers who have submitted to and passed a background check, and the identification cards must be in the possession of the volunteer or non-volunteer whenever he or she is participating in any youth organization activities. If an identification card is issued to a volunteer or non-volunteer who is allowed to participate under the interim status provision of § 58-4B and that volunteer or non-volunteer later is deemed to have failed the background check, the youth organization shall immediately revoke and make reasonable efforts to confiscate the volunteer or non-volunteer's identification card.
(3)
In the event that any youth organization already has a background
check policy and procedure in place, the Township may accept the results
from the administration of that policy, provided the policy and results
are disclosed to the Review Committee and the Review Committee is
satisfied that the policy and procedures are sufficient to satisfy
the standards and purpose of this chapter.
F.
De minimis exception. In order to avoid excessive administrative
time and expense associated with irregular or de minimis use of Township
fields or facilities by a youth organization, a volunteer or non-volunteer
who uses Township fields or facilities three times or less per calendar
year does not need to undergo the background checks process set forth
in this chapter.
A.
Written consent. Each person seeking to participate in a youth organization
as a volunteer or non-volunteer shall execute a written consent in
favor of both the youth organization and the Township of Medford,
and their respective agents, servants and employees, authorizing said
investigation, releasing the youth organization and the Township,
and their respective agents, servants and employees, from any liability
arising from same, and holding them harmless, on forms to be provided
by the Township. Failure to submit to said investigation will disqualify
any such person from serving in the youth organization.
B.
Interim status. When a person has submitted written consent, he or
she shall have interim status to act as a coach, leader, instructor,
trainer or the like for a youth organization while awaiting the results
of the background check, provided that the person certifies that he
or she has no reason to believe that he or she was found guilty of
a crime that would result in his or her disqualification from service
as a volunteer of non-volunteer under the terms of this chapter. Interim
status shall be sufficient to act as a coach, leader, instructor,
trainer or the like for a youth organization only until such time
that the results of the background check are obtained.
A background check administered under the provisions of this
chapter shall be valid for no more than three years. At the expiration
of three years, the volunteer must undergo a name check, but will
not need to submit to subsequent fingerprinting in order to continue
to serve as a volunteer.
A.
Limitation on access. Access to criminal history record information
for noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township of Medford,
and the applicable youth organization, 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.
B.
Limitation on use. The Township, the Review Committee and the youth
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. Any
persons violating federal or state regulations governing access to
criminal history record information may be subject to criminal and/or
civil penalties. The results of background checks shall not be subject
to public disclosure and shall be retained only for a period of three
years.
C.
Authorized users: Township officials with access to the criminal
history record information shall be limited to the following: Solicitor,
Clerk, Deputy Clerk, the Review Committee and any other official specifically
authorized by the Township Manager, provided he or she is a confidential
employee and the Township Manager determines his or her involvement
is necessary or useful in carrying out the terms and intentions of
this chapter.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-16 governing general penalty provisions.
