[HISTORY: Adopted by the Township Council
of the Township of Brick 1-31-2006 by Ord. No. 1-06. Amendments noted where
applicable.]
A.
There is hereby established a requirement for criminal
history background checks of employees and volunteers involved with
Township-sponsored programs involving minors.
B.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
DEPARTMENT
REVIEW COMMITTEE or A COMMITTEE
SPONSORED
SUPERVISED
UNSUPERVISED
VOLUNTEER
As used in this chapter, the following words shall
have the following meanings:
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.
The Brick Township Police Department.
A three-member committee consisting of the Superintendent
of the Department of Recreation, the Township Business Administrator
and a member of the Township Council. The Committee shall be charged
with the review of all appeals by any employee or volunteer whose
criminal history background check reveals a disqualifying criminal
conviction.
Recreation run directly by the Brick Township Department
of Parks and Recreation, including oversight, control and/or fiscal
contribution.
[Amended 2-12-2008 by Ord. No. 6-08]
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Brick Township-sponsored sports
program or league who has regular unsupervised direct access to minors
as a result of their involvement with the organization.
C.
Requests for criminal background checks; costs.
(1)
The Township of Brick requires that all employees
and volunteers of Township-sponsored recreation programs request through
the Brick Township Police Division that the State Bureau of Identification
in the Division of State Police conduct a criminal history record
on such individual. There shall be a thirty-day grace period for each
new employee or volunteer to make application for this criminal history
record background check. All coaches must have their fingerprinting
and applications completed by the end of the thirty-day grace period.
(2)
The Township shall conduct a criminal history record
background check only upon receipt of the written consent for the
check from the prospective or current person with direct unsupervised
access to minors.
(3)
The Township of Brick shall bear the costs associated
with conducting a criminal history background check in accordance
with the fees established by the State Bureau of Identification in
the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d)
(4)
The Division of State Police shall inform the Brick
Township Police Department whether the person's criminal history record
background check reveals a conviction of a disqualifying crime or
offense specified in 2:40.1(c) of this ordinance. Any information
received by the Brick Township Police Department shall be confidential.
(5)
Any person who, by virtue of their occupation, is
required by the statute to undergo a federal and state criminal history
record background check similar in nature to the requirements contained
herein, and who can provide proof of the results of such background
check, is exempt from the requirement hereunder until two years have
elapsed since the most current background check.
D.
Conditions under which a person is disqualified from
service. A person may be disqualified from serving as an employee
or volunteer of a Township-sponsored recreation program if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
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.
(b)
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;
(c)
Involving theft as set forth in Chapter 20 of
Title 2C of the New Jersey Statutes;
(2)
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.
E.
Submission, exchange of background information.
(1)
Prospective or current employees or volunteers shall
submit their names, addresses, fingerprints and written consent to
the Department of Recreation for the criminal history record background
check to be performed. The Department of Recreation shall submit this
documentation to the Police Department through the Chief of Police,
who shall coordinate the background check and refer the information
to the State Police and FBI for the initial check. Thereafter, all
subsequent background checks shall be submitted to the Brick Township
Chief of Police, who shall coordinate a background check every two
years after the date of the initial check.
(2)
The Brick Township Police Department shall act as
a clearinghouse for the collection and dissemination of information
obtained as a result of conducting criminal history record background
checks pursuant to this chapter.
F.
Limitations on access and use of criminal history
record information.
(1)
Access to criminal history record information for
non-criminal 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, administrative
code, local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this chapter.
(2)
The 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.
G.
Challenge of accuracy of report.
(1)
If a criminal history record may disqualify an employee
or volunteer for any purpose, the Review Committee's determination
shall be provided to the employee or volunteer with an opportunity
to complete and 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 New Jersey State Police shall make the initial recommendation,
based solely on the New Jersey State Statutes, to the Police Department,
who shall provide information to the Review Committee. They shall
advise the Review Committee whether or not the volunteer is being
recommended. The Review Committee will receive a pre-printed form
on each individual submitted to the State Police for a background
check. One form will be for recommendation and the other will be for
rejection. If there is a rejection, the Review Committee may still
allow the employee or volunteer to participate. The New Jersey State
Police will make a recommendation based on the record only. It is
within the Review Committee's discretion to overturn the decision
of New Jersey State Police recommendation.
(2)
The Review Committee shall promptly notify a prospective
or current employee or volunteer whose criminal history background
check reveals a disqualifying conviction. The person shall have 30
days from the receipt of that notice to petition the Review Committee
for a review and cite reasons substantiating the review.
(3)
Notwithstanding the provisions of Subsection D of this section, no person shall be disqualified from serving as an employee or volunteer on the basis of any conviction disclosed by a criminal history record background check if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review 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 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)
The Review Committee shall promptly advise the Department
of Recreation, in writing, if a current or prospective employee or
volunteer whose criminal history record background check reveals a
disqualifying offense has affirmatively demonstrated rehabilitation
under this section.
(5)
This section shall not apply to persons who have 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.
(6)
When the Review Committee determines that the person
has affirmatively demonstrated rehabilitation under this Act, the
organization or Review Committee may file that written notification
with the Police Department.
(7)
The Police Department shall keep the written notification
on file for three years from the date it was issued.
(8)
A current or prospective employee or volunteer shall
not be required to submit to another criminal history record background
check if such written notification was issued within the past two
years.
(9)
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 Police Department pursuant to the provisions of this
chapter.
H.
Penalty. Failure to comply with this chapter may result
in the Township withholding funding for the program or league, prohibiting
the use of facilities, and/or prohibiting the use of facility maintenance.
