Borough of Franklin Lakes, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 12-10-2003 by Ord. No. 1270; amended in its entirety 4-11-2007 by Ord. No. 1365. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 247.
Parks and public lands — See Ch. 356.
[Amended 2-20-2013 by Ord. No. 1561]
There hereby is created a Recreation and Parks Department in the Borough of Franklin Lakes. The Recreation and Parks Department shall have as its purpose to maintain, promote and facilitate the use of Borough-owned parks and recreational facilities and to provide passive and active recreational programs, including, but not limited to, athletics and related physical programs, special needs programs and programs for seniors and families.
[Amended 2-20-2013 by Ord. No. 1561]
A. 
Creation of position. There hereby is created the position of the Recreation and Parks Director.
B. 
Appointment; term. The Recreation and Parks Director shall be nominated by the Mayor and appointed with the advice and consent of Council, and the term of office of the Director shall be at the pleasure of the Mayor and Council. Any vacancy in this office shall be filled by appointment of the Mayor and Council.
C. 
Compensation. The Recreation and Parks Director shall receive a salary established by the Mayor and Council in the Annual Salary Ordinance.
D. 
Duties. The Recreation and Parks Director shall supervise and administer all recreation and park activities and facilities. The Director shall be supervised by the Borough Administrator and shall be advised by the Recreation and Parks Committee. The duties of the Director shall include:
(1) 
Prepare and, after consultation with and approval of the Recreation and Parks Committee, submit an annual department budget, subject to the approval of the Mayor and Council.
(2) 
Operate and promote the Borough's recreational and park programs.
(3) 
Promote a safe environment for recreation and park programs and facilities.
(4) 
Manage and inspect all recreational facilities.
(5) 
Manage, inspect and maintain/order all recreational equipment and services.
(6) 
Inform residents of all recreational programs.
(7) 
Recommend and screen all potential program directors, league directors and coaches for approval by the Recreation and Parks Committee, to ensure the promotion of a fair, safe and unbiased playing and coaching environment.
(8) 
Supervise all recreation and parks employees.
(9) 
Supervise all program directors, league directors, coaches and other volunteers.
(10) 
Prepare agendas and minutes of all meetings of the Recreation and Parks Committee.
(11) 
With the advice of the Recreation and Parks Committee, establish rules and regulations applicable in programming and use of parks and recreational facilities, provided that such rules and regulations are subject to the approval of the Mayor and Council.
(12) 
Cause all programs and volunteers to be in compliance with background checks or credential programs, as may be in effect by Borough ordinance from time to time.
(13) 
At each regular monthly meeting of the Recreation and Parks Committee, report to the Committee the status of recreation programming and park facilities and such other matters as the Committee may request.
(14) 
Ensure compliance with the Recreation and Parks Code of Conduct by effectively communicating and by enforcing the code as appropriate.
[Amended 2-20-2013 by Ord. No. 1561]
A. 
Creation. There hereby is created a Recreation and Parks Committee in the Borough of Franklin Lakes.
B. 
Composition; terms of office. The Recreation and Parks Committee shall consist of 11 members, all of whom shall be required to be residents of the Borough of Franklin Lakes. Appointments to the Committee shall be made by the Mayor with the advice and consent of the Council. The terms of office of the initial Committee shall be staggered, with three members being appointed for three years, four members being appointed for two years and four members appointed for one year, retroactive to January 1, 2007. Thereafter, the terms shall be for three years. In the event a vacancy occurs on the Committee, the term shall be filled for the unexpired term in the same manner as the original appointment. No member can serve more than two full consecutive terms. A member's position on the Committee may be deemed vacated by the Mayor and Council if such member fails to attend three consecutive regular monthly meetings of the Committee. All members of the Committee shall attend and become certified through the Rutgers University Athletic Safety Program.
C. 
Organization.
(1) 
The Recreation and Parks Committee shall annually elect a Chairman, Vice Chairman and such other offices as the Committee may deem necessary. The term of office shall be one year. No officer may serve in the same position for more than two years.
(2) 
The Recreation and Parks Committee shall adopt bylaws for its administration and establish rules and regulations for its activities; provided, however, that such bylaws, rules, and regulations shall be subject to the approval of the Mayor and Council.
(3) 
The Recreation and Parks Committee shall hold meetings monthly or more frequently if required.
(4) 
The Recreation and Parks Committee may establish subcommittees, as necessary, to assist the Committee in meeting its needs.
D. 
Responsibilities. The responsibilities of the Recreation and Parks Committee shall include:
(1) 
Assist and advise the Recreation and Parks Director with respect to policies and programs, the development of new initiatives and the management and general supervision of existing programs.
(2) 
Provide recommendations with regard to overall quality and services offered by the Recreation and Parks Department.
(3) 
Assist the Recreation and Parks Director in preparation of the annual budget for the Recreation and Parks Department and review and approve such budget prior to its submission to Council.
(4) 
Provide long-term strategic planning for recreational programming and park capital needs.
(5) 
Screen, review and approve, if acceptable to the Committee, all individuals recommended by the Recreation and Parks Director for the positions of program director, league director and coach, to ensure the promotion of a fair, safe and unbiased playing and coaching environment.
(6) 
Establish annually the Code of Conduct Committee from its members as provided in § 107-4E.
(7) 
Provide guidance and general oversight for all of the Borough's recreational programs and use, including active and passive recreation and park facilities.
(8) 
Strive to maintain safe youth and adult programs which meet the needs of the community, including but not limited to athletics and related physical activities, special needs programs, and programs for seniors and families.
(9) 
Strive to maintain a safe environment for Borough residents to pursue their personal recreation.
(10) 
Promote volunteerism for recreation and park programs.
(11) 
Study such matters as may be referred to it by the Mayor and Council and report its findings and conclusions thereon in writing to the Mayor and Council.
(12) 
Ensure compliance with the Recreation and Parks Code of Conduct by effectively communicating and by enforcing the code as appropriate.
[Amended 2-20-2013 by Ord. No. 1561]
A. 
Enforcement. The Recreation and Parks Director ("Director"), an employee of the Borough, and the Code of Conduct Committee each are hereby directed to review all behavior at events at which teams or individuals participate under the auspices of the Franklin Lakes Recreation Department, including events outside the Borough of Franklin Lakes, and to make every effort to ensure that all behavior at said events complies with the Code of Conduct established by this section. Each of them is further authorized to take all steps necessary to enforce said code and to impose appropriate penalties, as described herein.
B. 
Compliance with Code of Conduct. Every participant, parent, guest, spectator, coach, or official attending or participating in any manner in any recreational activity, conducted under the auspices of the Franklin Lakes Recreation and Parks Department, shall comply with the Code of Conduct as described herein. The Code of Conduct will be applicable whether or not the event occurs within the Borough of Franklin Lakes, provided it is conducted under the auspices of the Franklin Lakes Recreation and Parks Department. Without limitation, the following conduct is prohibited and shall be considered a violation of the code:
(1) 
Fights, scuffles, aggressive verbal arguments, and threats. Initiating a fight, scuffle, aggressive verbal argument or any type of physical altercation or abuse, or threats of abuse, towards any participant, parent, guest, spectator, coach, or official.
(2) 
Interference with recreational activities. Interfering with recreational activities, including, but not limited to, entering the field of play, court, or rink, during any youth sporting event for the purpose of physically or verbally abusing or confronting coaches.
(3) 
Use of obscene or profane language. Using obscene or profane language, verbally abusing an official, player, or spectator, which abuse shall be deemed to include the use of obscene or profane language, or gestures, or racial, ethnic or sexual slurs.
(4) 
Throwing objects onto the field of play. Throwing or causing to be deposited any object onto the field of play, court, or rink.
(5) 
Bullying, harassment or other forms of aggressive behavior. Bullying, harassing, or exhibiting other forms of aggressive behavior.
(6) 
Aggressive physical contact with participants. Having aggressive physical contact with recreation participants, including, but not limited to, hitting, kicking, pushing or other forms of aggressive physical contact.
(7) 
All other detrimental behavior. Other behavior which may be determined by the Director or the Code of Conduct Committee to be inappropriate and detrimental to the youthful participants shall include, but not be limited to, encouraging youthful participants to engage in prohibited activity or inappropriate activity.
(8) 
Refusing to follow the order of officials. Parents, coaches, spectators, and all other parties at any recreation event must comply with the requests and demands of all field officials, including appointed league officials. Such authority shall include the authorization to direct any person or persons to immediately remove themselves from the premises.
C. 
Violations of Code of Conduct. Any and all allegations, claims, or charges regarding violations of the Code of Conduct may be presented to the Director or the Code of Conduct Committee. The Director or the Code of Conduct Committee may also initiate an investigation of conduct that may constitute a violation of the Code of Conduct. The Director may refer an alleged Code of Conduct violation to the Code of Conduct Committee for review. No complaint needs to be filed in order for the Director or the Code of Conduct Committee to take action. The Director and the Code of Conduct Committee shall keep a log of all complaints filed. Based on the severity of the Code of Conduct violation, the Director and the Code of Conduct Committee may ban or issue a suspension for a period to be determined by the Director or Code of Conduct Committee, in the sole discretion of the Director or Code of Conduct Committee, up to and including a permanent ban; except that any suspension issued by the Director in excess of three months requires the consent of the Code of Conduct Committee. The Director and the Code of Conduct Committee are authorized to establish an appropriate set of procedures through rules and regulations for the investigation, enforcement, and imposition of any appropriate penalties, provided that such rules and regulations are subject to approval of the Mayor and Council. Any individual who is subject to sanction pursuant to this § 107-4 shall not have the right to reserve the use of Borough park facilities for the purpose of programs or activities involving Borough youths until such sanction has expired or terminates.
D. 
Repeated violations. Any person suspended from recreation activities for a violation of any Code of Conduct provision for a period of one game or more shall be permanently banned for any second Code of Conduct violation.
[Amended 7-16-2013 by Ord. No. 1570]
E. 
The Code of Conduct Committee. The Code of Conduct Committee shall consist of five members of the Recreation and Parks Committee chosen annually by a majority vote of the full membership of the Recreation and Parks Committee. Each such member must have received certification in accordance with the Rutgers University safety orientation and training skills certification program for coaches.
F. 
Appeals from decisions related to the Code of Conduct.
(1) 
In the event the Director has imposed a penalty which includes suspension and a ban from attendance at recreation activities, the individual who has been suspended or banned may appeal such action to the Code of Conduct Committee. Any such individual must file a written notice with the Recreation and Parks Department within 10 days after receipt of written notice of suspension or ban.
(2) 
In the event that the Code of Conduct Committee has imposed a penalty which includes a suspension and ban from attendance at recreation activities for more than 12 months, the individual who has been suspended may appeal this decision to the Final Appeal Committee. Any individual suspended for more than three months, desiring to appeal the suspension to the Code of Conduct Committee, must file a written notice of appeal with the Recreation and Parks Department within 10 days after receipt of written notice of the suspension.
(3) 
A Final Appeal Committee shall be appointed whenever necessary to consider appeals from suspensions imposed by the Code of Conduct Committee for violations of the Code of Conduct which provides for a sanction of suspension greater than 12 months. The Final Appeal Committee shall consist of the Borough Administrator, a member of the Council who has been designated as the Recreation Liaison and the Chairman of the Recreation and Parks Committee. The Final Appeal Committee shall establish whatever procedures it deems appropriate for it to review the matter and shall be authorized to make a determination regarding the appropriateness of the penalty.
[Added 6-13-2007 by Ord. No. 1373; amended 9-18-2007 by Ord. No. 1381]
A. 
Criminal history background checks required. Criminal history background checks of any person with unsupervised direct access to minors involved in any youth-serving recreation organization shall be authorized and may be required as a condition of using the Borough of Franklin Lakes' facilities.
B. 
Definitions. For the purposes of this section, the following words and terms shall have the following meanings:
AUTHORIZED VENDOR
A vendor which is authorized by the State of New Jersey to conduct criminal history record background checks.
[Added 3-18-2008 by Ord. No. 1402]
COSPONSORED
Borough provision of funding or facilities, including maintenance of facilities.
CRIMINAL HISTORY RECORD BACKGROUND
A determination of whether a person has a criminal record by cross-referencing that person's records with those on file with the Federal Bureau of Investigation Identification Division and the State Bureau of Identification in the Division of State Police.
[Amended 3-18-2008 by Ord. No. 1402]
DEPARTMENT
The Borough of Franklin Lakes Police Department.
SPONSORED
Recreation run directly by the Borough of Franklin Lakes Recreation and Parks Department, including oversight, control and/or fiscal contribution.
SUPERVISED
To have the direction and oversight of the performance of others.
UNSUPERVISED
Not supervised or under constant observation.
VOLUNTEER
Any person involved with a Borough of Franklin Lakes sponsored or cosponsored sports program or league who has regular unsupervised direct access to minors as a result of a minor's involvement with the organization.
YOUTH-SERVING RECREATION ORGANIZATION or ORGANIZATION
A corporation, association or other organization, including those with nonprofit status, which provides recreation-related activities or services for persons younger than 18 years of age in connection with Borough of Franklin Lakes sponsored or cosponsored sports programs or leagues.
C. 
Requests for criminal background checks and costs.
[Amended 3-18-2008 by Ord. No. 1402; 10-15-2013 by Ord. No. 1574]
(1) 
The Borough requires that all employees and volunteers of a youth-serving recreation organization request through the Department that the State Bureau of Identification in the Division of State Police or an authorized vendor conduct a criminal history record background check on each prospective and current employee or volunteer of the organization. All employees and volunteers of youth-serving organizations and all recreation coaches shall have a satisfactory criminal history background check prior to the start of the activity for which the criminal history background check is required.
(2) 
The Borough 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 Borough shall bear the costs associated with conducting a criminal history background check.
(4) 
The Division of State Police or the authorized vendor shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection D of this section. Any information received by the Department shall be confidential.
(5) 
Any person who, by virtue of his/her occupation, is required by 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.
(6) 
Notwithstanding any provision herein to the contrary, the Borough may also contract with a youth-serving recreation organization and the organization may conduct the criminal history background checks in accordance with the provisions of this section.
[Added 5-20-2008 by Ord. No. 1415]
D. 
Conditions under which a person is disqualified from service. A person may be disqualified from serving as an employee or volunteer of a youth-serving recreation organization 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;
(d) 
Involving any controlled dangerous substance or controlled substance analog 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, possession of 50 grams or less of marijuana.
(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. A prospective or current employee or volunteer of youth-serving recreation organizations shall submit his or her application and written consent to the Department for the criminal history record background check to be performed. The organization shall submit this documentation to the Department through the Chief of Police, who shall cause the background check to be conducted, and refer the information to the State Police and FBI or the authorized vendor for the initial check. Thereafter, all subsequent background checks shall be submitted to the Chief of Police, who shall coordinate a background check every two years after the date of the initial check. Notwithstanding any provision herein to the contrary, the Borough may also contract with a youth-serving recreation organization and the organization may conduct the criminal history background checks in accordance with the provisions of this section.
[Amended 3-18-2008 by Ord. No. 1402; 5-20-2008 by Ord. No. 1415]
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 Department 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 section.
(2) 
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 or entities. 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.
[Amended 3-18-2008 by Ord. No. 1402]
(1) 
If a criminal history record may disqualify an employee or volunteer for any purpose, the employee or volunteer shall be provided 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 Department shall coordinate between the employee or volunteer and the Division of State Police or the authorized vendor any such opportunity to complete or challenge the accuracy of the information contained in the criminal history record.
(2) 
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 section.
H. 
Notification of subsequent disqualifying offense. If an employee or volunteer is convicted of a disqualifying crime or offense as specified in Subsection D hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Borough Administrator of that fact. Such person shall be immediately disqualified from his or her position.
I. 
Violations and penalties. Failure to comply with this section may result in the Borough withholding funding for the program or league, and/or prohibiting the use of Borough facilities.
[Added 7-16-2013 by Ord. No. 1570; amended 10-15-2013 by Ord. No. 1574]
All Program Directors and coaches shall attend and become certified through the Rutgers University Athletic Safety Program. There shall be a thirty-day grace period for each new Program Director and coach to obtain this safety certification. All coaches must be certified by the end of the thirty-day grace period.