[Adopted 12-10-2007 by Ord. No. 07-31]
The Township of Chatham (hereinafter "Township")
and the Borough of Chatham (hereinafter "Borough") have established
a joint recreation program. The Township and the Borough have determined
that it is in the best interest of the residents of the Township and
the Borough and the participants in the joint recreation program that
all volunteers and employees who wish to participate in the program
undergo criminal background checks prior to said participation. It
is the intention of the Township and the Borough to adopt similar
ordinances to accomplish this goal.
As used in this article, the following terms
shall have the meanings indicated:
A four-member committee consisting of the Township Administrator
or designee, the Borough Administrator or designee, and Chiefs of
Police or designees of the Township and the Borough, respectively.
The Committee shall be charged with the review of all appeals of any
Township or Borough employee or volunteer whose criminal history background
check reveals a disqualifying criminal conviction.
Any person, whether paid or volunteer, involved with coaching
or supervising participants in a nonprofit youth-serving organization,
whether the title is coach, manager or another title consistent with
these terms.
Any program, including but not limited to nonprofit youth-serving
organizations as defined below, which receives benefits, either directly
or indirectly, including but not limited to the provision of funding
and/or the provision of fields, facilities and/or equipment (and including
the maintenance of same), from the Township and/or the Borough.
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 the State Bureau of Identification in the Division of State Police.
All full-time, part-time and seasonal employees of the Chatham
Township Recreation Department or the Borough of Chatham Recreation
Department.
A corporation, association or other organization established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New
Jersey Statutes or other law of the state, but excluding public and
nonpublic schools, and which provides recreational, cultural, charitable,
social or other activities or services for persons younger than 18
years of age, and is exempt from federal income taxes.
Recreation programs run directly and jointly by the Township
and the Borough, including oversight, control and/or fiscal contribution.
The entity located within the New Jersey State Police responsible
for retrieving criminal background information on individuals as requested
by state, local or private entities.
The unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches as specified in this article.
A.
The Township and the Borough require that all coaches
of nonprofit youth-serving organizations involved in sponsored or
cosponsored programs request through the Township Recreation Department
or the Borough Recreation Department, as determined by the municipality
of residence, that the State Bureau of Identification and the Federal
Bureau of Investigation ("FBI") conduct a criminal history record
background check on each prospective and current coach of nonprofit
youth-serving organizations in accordance with N.J.A.C. 13:59-1.1
et seq. and with the procedures and guidelines adopted by the VRO.
No person will be permitted to act as a coach until the results of
the background checks have been received and reviewed by the Administrator
of the Township or the Administrator of the Borough, respectively.
B.
The Township and the Borough shall conduct a criminal
history record background check only upon receipt of the written consent
for a check from the prospective or current coach.
C.
Any prospective or current coach of a nonprofit youth-serving
organization who refuses to consent to this procedure shall not be
permitted to participate in any sponsored or cosponsored programs
involving nonprofit youth-serving organizations.
D.
The Township and the Borough Recreation program participant
fees shall bear the costs associated with conducting criminal history
record background checks for prospective or current coaches for sponsored
programs, and all other nonprofit youth-serving organizations shall
bear the costs for conducting such checks for prospective or current
coaches participating in cosponsored programs in accordance with the
regulations established by the VRO.
E.
The Administrator for the Township and the Administrator
for the Borough may set forth policies and procedures which shall
not be inconsistent with this article.
F.
The VRO shall advise both respective Administrators
of the eligibility of the prospective or current coach. Any information
received by the Administrators shall be confidential.
G.
Criminal history background checks will be performed
for individuals under the age of 18 in accordance with N.J.A.C. 13:59-1.1
et seq. and with the procedures and guidelines adopted by the VRO.
A.
A person may be disqualified from serving as a coach
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a disqualifying record in
accordance with the provisions of N.J.S.A. 15A:3A-1 et seq.
B.
In any other state or jurisdiction, conduct which,
if committed in New Jersey, would constitute a disqualifying record
in accordance with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds
for disqualification.
A.
Prospective or current coaches of nonprofit youth-serving
organizations for cosponsored programs shall submit their names, addresses,
fingerprints, written consent, and any other necessary information
to the organization for the criminal history record background check
to be performed. The organization shall submit this documentation
to the Administrators, who shall coordinate the background check and
refer the information to the State Bureau of Investigation for the
background check. The Administrators or their designees shall be responsible
for obtaining the above information for all prospective and current
coaches, for all nonprofit youth-serving organizations, both sponsored
and cosponsored programs. Thereafter, the Township and the Borough
shall conduct periodic background checks after the date of the initial
background check, but not less frequently than every 60 months.
[Amended 4-11-2011 by Ord. No. 11-05]
B.
The Administrator for the Township and the Administrator
for the Borough shall be responsible for the maintenance of all records
generated as a result of conducting criminal history record background
checks pursuant to this article.
A.
Access to criminal history record information for
noncriminal justice purposes, including licensing and employment,
is restricted to the members of the Chatham Review Committee, as authorized
by federal or state statute, rule or regulations, executive order,
administrative code, local ordinance or resolution regarding obtaining
and disseminating of criminal history record information obtained
under this article.
B.
The Chatham Review 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.
A.
The VRO shall make a recommendation based on the provisions
of N.J.S.A. 15A:3A-1 et seq. as to whether the prospective or current
volunteer coach is being recommended. The VRO will provide the Administrator
of the respective municipality with a letter of recommendation or
nonrecommendation for each individual for whom the VRO completed a
background check.
B.
The Administrator shall promptly notify a prospective
or current coach who receives a letter of nonrecommendation from the
VRO. Individuals who receive a letter of nonrecommendation from the
VRO will not be permitted to participate as a coach. Such individuals
may obtain a copy of their criminal history record by contacting the
VRO in writing. The individuals shall then have 30 days from the receipt
of notification from the Administrator to petition the Chatham Review
Committee for a review and to cite reasons substantiating the review.
C.
Individuals who receive a letter of nonrecommendation
from the VRO may be permitted to serve as a coach if they affirmatively
demonstrate rehabilitation to the Chatham Review Committee. In determining
whether a person has affirmatively demonstrated clear and convincing
evidence of rehabilitation, the Chatham Review Committee may consider
the following factors in conjunction with the provisions of N.J.S.A.
15A:3A-1 et seq.:
(1)
The nature and responsibility of the position which
the convicted person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstance under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to
the offense; and
(8)
Any 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.
D.
In all instances, the final determination of whether
an individual will be permitted to serve as a coach will lie in the
sole discretion of the Chatham Review Committee, whose vote must be
unanimous.
E.
The Chatham Review Committee shall promptly advise
the prospective or current coach whether he or she is qualified to
serve as a coach.
F.
When the Administrators receive a letter of nonrecommendation
from the VRO, the Administrators shall file that letter with the Police
Departments of Chatham Township and Chatham Borough.
G.
The Police Departments shall keep the written notification
on file for three years from the date it was issued.
H.
The Administrators may request the applicable Police
Department to review its files to determine if there is written notification
on file stating whether a criminal history record background check
of a current or prospective coach reveals a disqualifying offense
or stating that the person has affirmatively demonstrated rehabilitation
under this act.
