[Adopted 11-9-1992 by Ord. No. 656 (Ch. 3, Art. XXII, of the 1973 Code)]
[Amended 11-19-2001 by Ord. No. 791; 2-16-2010 by Ord. No. 939]
The Mayor, with the consent and approval of the majority of the members of the Borough Council, is authorized and empowered to appoint a Committee to be known as the "Shrewsbury Recreation Committee," to consist of 11 members, one of whom shall be a member of the Borough Council.
The Mayor and Council may also, in its discretion, appoint not more than five associate members, all to be under the age of 18 years, for a term of one year. Associate members may attend all public meetings of the Recreation Committee but shall have no vote on any action taken by the Committee.
The members of the Committee first appointed shall serve for the following terms: three members for one year, three members for two years and three members for three years. Members thereafter appointed shall serve for terms of three years, except that members appointed to fill vacancies shall be appointed to serve the remainder of the term of the original appointment. If the membership of the Committee is increased or decreased, members will be appointed to such terms as will provide, as nearly as possible, that the terms of the same number of members expire in any one year as expire in any other year.
The Committee shall from time to time advise and consult with the Mayor and Council as to the needs, requirements and program of the Borough with respect to public playgrounds, athletic fields, recreation centers and recreation facilities and shall from time to time, of its own motion or when required by the Mayor and Council, submit to the Mayor and Council such reports as may be required by the Mayor and Council. The Committee shall have no separate power to commit the Borough for any funds, bills, charges and expenses, but may, on or before the first day of November in each year, submit to the Mayor and Council a report as to what amounts the Committee deems necessary or advisable to be included in the budget for the year following for any of the purposes for which it is appointed. Such budget reports shall specify the purpose or purposes for which the expenditure of funds is advised or requested.
The Committee may also suggest to the Mayor and Council the appointment or designation of a person or persons to act as Supervisor of Recreation, who shall be properly qualified for the work for which his or her appointment has been requested.
The Committee may solicit, but only for and in the name of the Borough, funds and property, both real and personal, which it may deem advisable or necessary in furthering the purposes for which it is appointed. Any funds or property so solicited or offered for said purposes shall be accepted and received by resolution or other proper action of the Mayor and Council.
In order to provide the funds, in whole or in part, necessary to carry out its programs, the Committee may arrange and provide for the giving of exhibitions, plays, concerts, games and contests and may employ public parks, places, playgrounds or recreational facilities for the purpose of giving the same. The Committee may charge and collect a reasonable admission fee for each person entering such public place, playground or recreation place as a spectator during the time when the same is being used or employed for such purposes but shall not use or employ any such place for such purpose for a greater period than a ratio of one hour to every two hours in each day during which the public park, place, playground or recreation facilities are utilized nor more than 16 hours in any week, and when any such public facility is used for such purpose no admission fee shall be charged or collected from children under 12 years of age. The Committee may charge and collect a reasonable service charge from persons using, as participants, special areas and facilities, which require special maintenance and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part.
The Committee shall, after its creation, organize by electing one of its members President and such other officers as it may deem necessary and shall have the power to adopt bylaws, rules and regulations for the proper conduct of the work and business for the purposes for which it is created.
The Committee may from time to time recommend to the Mayor and Council the adoption of rules and regulations governing the operation and use of Borough parks and other recreation facilities but shall have no separate power to adopt and enforce any such rules and regulations.
The Mayor and Council may, by resolution, adopt rules and regulations governing the operation and use of Borough parks and other recreation facilities, and such rules and regulations shall be on file with the Borough Clerk and shall be issued upon request.
All rules and regulations governing the operation and use of Borough parks and other recreation facilities, as adopted by the Mayor and Council pursuant to § 9-19, shall be enforced by the Police Department of the Borough of Shrewsbury.
Any person, firm or corporation who shall violate any of the provisions of the rules and regulations governing the operation of parks as provided in Subsection A above, which shall be enforced by the Police Department of the Borough of Shrewsbury, shall be subject to the penalties set forth in Chapter 170 of the Code.
[Amended 5-15-2006 by Ord. No. 871]
[Added 6-20-2011 by Ord. No. 959]
Background checks required.
The Shrewsbury Recreation Committee, a nonprofit youth-serving organization, as defined by state law, N.J.S.A. 15A:3A-1, shall require all employees and volunteers of that organization who have regular, unsupervised contact with minors to obtain a criminal history background check.
The Borough shall bear the costs associated with conducting the background check, in accordance with fees established by the State Bureau of Identification and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d).
Conditions under which a person shall be disqualified from service. A person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
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.
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.
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
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.
Submission, exchange of background information.
Each employee or volunteer shall submit his or her application and consent for a criminal history background check to the Borough Administrator. The Borough Administrator shall coordinate the background checks with the New Jersey State Police, in accordance with the requirements of N.J.S.A. 15A:3A-1 et seq.
Once an accurately completed application and consent for a criminal background check is received by the Borough Administrator, the employee or volunteer will be given the necessary documents to get his or her fingerprints taken by an authorized state agency (Sagem Morpho, Inc.). The employee or volunteer is responsible for making and keeping the necessary appointment for fingerprints to be taken. The Borough will seek restitution from any employee or volunteer for any fees charged by Sagem Morpho, Inc., for appointments canceled and not rescheduled within the time frame established by Sagem Morpho, Inc.
The State Police Bureau of Identification shall inform the Borough Administrator whether the employee's or volunteer's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection B of this section. The Borough Administrator is not given any personal information on the individual's record, only that the individual is, or is not, recommended to coach or work. The results of the background check will only be shared with the Recreation Committee Chairperson, unless an appeal is made, thus involving the members of the Appeals Council
If the background check disqualifies the individual from employment or volunteering, he or she shall be so notified by the Borough Administrator. The details in the background check that result in a negative determination by the State Police are only available to the employee or volunteer upon making a formal request to the State Bureau of Investigation. It will then be up to the individual to obtain a copy of this record and provide it to the Borough Administrator for appeal consideration.
Successful background checks shall be reported to the Recreation Committee Chairman, who shall maintain a list of all individuals who are qualified to serve as employees or volunteers with nonprofit youth-serving organizations by virtue of their having successfully completed the background check.
A successful background check remains valid for three years.
After the initial three-year period all Recreation Program employees, coaches, and other volunteers shall undergo a N.J. State Police "name check" background check as a renewal process. The employee or volunteer shall only be required to provide his or her name, address, DOB and signature on a form authorizing the Borough of Shrewsbury to receive the background results. The Borough of Shrewsbury shall process the form and pay all costs.
[Added 6-1-2015 by Ord. No. 1013]
Access to criminal history record information shall be limited in accordance with law, including, N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.
[Amended 6-1-2015 by Ord. No. 1013]
Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.
A person may challenge the accuracy of the criminal history record.
A person may claim to be rehabilitated.
No person may appeal a disqualification on the grounds of rehabilitation, if the person has been rejected because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity 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.
A challenge to the accuracy of the report shall be filed with the Shrewsbury Borough Chief of Police, who shall coordinate the challenge with the New Jersey State Police.
An appeal based on rehabilitation shall be made to the Appeals Council, which shall consist of the Recreation Committee Chairperson, the Shrewsbury Borough Chief of Police, or the Chief's designee, and the Shrewsbury Borough Administrator. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
In determining whether a person has affirmatively demonstrated rehabilitation, the Appeals Council shall consider the following factors:
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
The nature and seriousness of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated incident;
Any social conditions which may have contributed to the offense; and
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.
If the Appeals Council 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 Recreation Committee.
Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to the members of the Appeals Committee, 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 subsection. The records shall be exempt from public disclosure under Common Law or N.J.S.A 47:1A-1 et seq.
The Appeals Committee shall limit its use of criminal history record information solely to the authorized person 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. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
Failure to comply with this section may result in the Borough withholding funding for the nonprofit youth-serving organization, prohibiting the use of facilities, or withholding funding for facility maintenance.
Unless it is reauthorized by the Borough Council, this section shall expire on December 31, 2014.
In the event that any portion of this section is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of this section actually adjudged to be invalid, and the remaining portions of this section shall be deemed severable therefrom and shall not be affected.
This section shall take effect June 20, 2011.