[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.]
[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; 2-20-2018 by Ord. No. 1732]
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.
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 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 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 policies applicable in programming and use of parks and
recreational facilities, provided that such rules and policies are
subject to the approval of the Mayor and Council.
(12)
Cause all programs and volunteers to be in compliance with background
checks and 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; 2-20-2018 by Ord. No. 1732]
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 up to 11 members and up to two alternate 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 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. The terms of the alternate
members shall be for two years, which terms shall be staggered. Alternate
members may participate in all matters but may not vote except in
the absence or disqualification of a regular member.
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 review and provide input
to the Recreation and Parks Director on rules and policies applicable
in programming and use of parks and recreational facilities, provided
that such rules and policies are subject to the approval of the Mayor
and Council.
(3)
The Recreation and Parks Committee shall schedule 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 coach, to ensure the promotion of a fair, safe and unbiased playing
and coaching environment.
(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; 7-16-2013 by Ord. No. 1570; 2-20-2018 by Ord. No. 1732]
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, bullying, harassment
and threats. Initiating or engaging in a fight, scuffle, aggressive
verbal argument, bullying, harassment, 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)
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.
(6)
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.
(7)
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.
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.
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.
AUTHORIZED VENDOR
COSPONSORED
CRIMINAL HISTORY RECORD BACKGROUND
DEPARTMENT
SPONSORED
SUPERVISED
UNSUPERVISED
VOLUNTEER
YOUTH-SERVING RECREATION ORGANIZATION or ORGANIZATION
Definitions. For the purposes of this section, the
following words and terms shall have the following meanings:
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]
Borough provision of funding or facilities, including maintenance
of facilities.
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]
The Borough of Franklin Lakes Police Department.
Recreation run directly by the Borough of Franklin Lakes
Recreation and Parks Department, including oversight, control and/or
fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
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.
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;
(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.
