[HISTORY: Adopted by the Township Committee of the Township of Freehold 2-28-2006
by Ord. No. O-06-9. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any program, including but not limited to nonprofit youth-serving
organizations as defined below, which receives benefits, either directly or
indirectly, including to 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 of Freehold.
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.
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.
A three-member committee consisting of the Director of Parks and
Recreation or designee, Township Administrator or designee and Chief of Police
or designee. The Committee shall be charged with the review of all appeals
of any Township employee or volunteer whose criminal history background check
reveals a disqualifying criminal conviction.
Recreation programs run directly by the Freehold Township Department
of Parks and Recreation, 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.
All full-time, part-time and seasonal employees of the Freehold Township
Department of Parks and Recreation.
Any person 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.
The unit located within the State Bureau of Identification that is
responsible for administering criminal background checks for volunteer coaches
as specified in this chapter.
A.
The Township of Freehold requires that all volunteer
coaches of nonprofit youth-serving organizations involved in sponsored or
cosponsored programs request through the Freehold Township Department of Parks
and Recreation that the State Bureau of Identification and the Federal Bureau
of Investigation ("FBI") conduct a criminal history record background on each
prospective and current volunteer 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 volunteer
coach until the results of the background checks have been received and reviewed
by the Director of Parks and Recreation.
B.
The Township shall conduct a criminal history record
background check only upon receipt of the written consent for a check from
the prospective or current volunteer coach.
C.
Any prospective or current volunteer 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 shall bear the costs associated with conducting
criminal history record background checks for prospective or current volunteer
coaches for Township-sponsored programs, and all other nonprofit youth-serving
organizations shall bear the costs for conducting checks for prospective or
current volunteer coaches participating in cosponsored programs in accordance
with the regulations established by the VRO.
E.
The Director of the Freehold Township Department of Parks
and Recreation may set forth policies and procedures which shall not be inconsistent
with this chapter.
F.
The VRO shall advise the Director of Parks and Recreation
of the eligibility of the prospective or current volunteer coach under the
law. Any information received by the Director of Parks and Recreation 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 volunteer
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 volunteer 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 Director
of Parks and Recreation, who shall coordinate the background check and refer
the information to the State Bureau of Investigation for the background check.
The Director of Parks and Recreation or designee shall be responsible for
obtaining the above information for all prospective and current volunteer
coaches for all nonprofit youth-serving organizations, both sponsored and
cosponsored programs. Thereafter, all information required for subsequent
background checks shall be submitted to the Freehold Township Department of
Parks and Recreation, who shall coordinate criminal background checks every
24 to 36 months, not to exceed 36 months after the date of the initial check.
B.
The Freehold Township Department of Parks and Recreation
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.
A.
Access to criminal history record information for noncriminal
justice purposes, including licensing and employment, is restricted to the
members of the 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 chapter.
B.
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.
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 Director of Parks and
Recreation with a letter of recommendation or nonrecommendation for each individual
for whom the VRO completed a background check.
B.
The Director of Parks and Recreation shall promptly notify
a prospective or current volunteer 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 volunteer 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 Director of Parks and Recreation to petition the 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 volunteer coach if they affirmatively
demonstrate rehabilitation to the Review Committee. In determining whether
a person has affirmatively demonstrated clear and convincing evidence of rehabilitation,
the 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 volunteer coach will lie in
the sole discretion of the Review Committee.
E.
The Review Committee shall promptly advise the prospective
or current volunteer coach whether he or she is qualified to serve as a volunteer
coach.
F.
When the Director of Parks and Recreation receives a
letter of nonrecommendation from the VRO, the Director of Parks and Recreation
may file that letter with the Freehold Township Police Department.
G.
The Freehold Township Police Department shall keep the
written notification on file for three years from the date it was issued.
H.
The Director of Parks and Recreation may request the
Freehold Township 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 volunteer coach reveals a disqualifying
offense or stating that the person has affirmatively demonstrated rehabilitation
under this act.
I.
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 Freehold Township Police Department pursuant to the provisions
of this chapter.
A.
The Township of Freehold requires that all prospective
and current Township employees, as defined in this chapter, submit to a criminal
history record background check in accordance with N.J.A.C. 13:59-1.1 et seq.
and with the procedures and guidelines adopted and set forth by the State
Bureau of Identification and the Freehold Township Director of Parks and Recreation.
B.
The Township shall conduct a criminal history record
background check only upon receipt of the written consent for check from the
prospective or current Township employee.
C.
Any prospective or current Township employee who refuses
to consent to the provisions of this chapter shall not be permitted to be
employed by the Township as an employee.
D.
The Township shall bear all costs associated with conducting
criminal history record background checks for prospective or current Township
employees.
E.
The Director of the Freehold Township Department of Parks
and Recreation may set forth policies and procedures which shall not be inconsistent
with this chapter.
F.
The Freehold Township Director of Parks and Recreation
will be responsible for providing information to prospective or current Township
employees covered by this chapter concerning the appropriate authority to
contact for the background check. That authority shall then conduct a criminal
history background check in accordance with state and federal guidelines.
G.
The authority conducting the background check shall forward
the results of each criminal background check to the Freehold Township Police
Department, which shall make a determination as to an individual's eligibility
to be employed as a Township employee in accordance with this chapter, pursuant
to the parameters outlined in N.J.S.A. 15A:3A-1 et seq. All information received
by the Freehold Township Police Department shall be and remain confidential.
H.
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 State Bureau
of Identification.
A.
A person may be disqualified from serving as a Township
employee 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.
Prospective or current Township employees shall submit their names,
addresses, fingerprints, written consent and any other necessary information
for the criminal history record background check to the agency designated
by the Township to conduct background checks. The Freehold Township Director
of Parks and Recreation shall be responsible for coordinating the background
checks with prospective or current Township employees. Thereafter, all subsequent
background checks shall be coordinated by the Freehold Township Police Department
every 24 to 36 months, not to exceed 36 months after the date of the initial
check.
A.
The Freehold 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.
A.
Access to criminal history record information for noncriminal
justice purposes, including 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.
B.
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.
A.
The authority conducting the background check shall forward
the results of its criminal history record background check to the Chief of
Police of the Freehold Township Police Department or his designee. The Chief
of Police or his designee shall then provide the Freehold Township Director
of Parks and Recreation with a determination as to whether to hire or retain
a prospective or current Township employee, as appropriate, in accordance
with the provisions of this chapter.
B.
The Director of Parks and Recreation shall promptly notify
a prospective or current Township employee who receives a nonhire recommendation
from the Chief of Police or his designee. Individuals who receive a nonhire
recommendation from the Police Chief or his designee will not be permitted
to be employed. Such individuals may obtain a copy of their criminal history
record by contacting the State Bureau of Investigation in writing. Such individuals
will have 30 days from the receipt of the official notice from the Director
of Parks and Recreation to petition the Review Committee for a review and
to cite reasons substantiating the review.
C.
Individuals who receive a nonhire recommendation from
the Police Chief or his designee may be permitted to be employed as a Township
employee if they affirmatively demonstrate rehabilitation to the Review Committee.
In determining whether a person has affirmatively demonstrated clear and convincing
evidence of rehabilitation, the Review Committee may consider the following
factors:
(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 work as a Township employee will lie in
the sole discretion of the Review Committee.
E.
The Review Committee shall promptly advise the prospective
or current Township employee whether he or she is qualified to be employed
as such.
F.
The Freehold Township Police Department shall keep the
results of criminal history record background checks on file for three years
from the date such results were received by the Department.
G.
The Director of Parks and Recreation may request the
Freehold Township 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 Township employee reveals a disqualifying
offense or stating that the person has affirmatively demonstrated a rehabilitation
under this act.
H.
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 Freehold Township Police Department to the provisions of
this chapter.
