Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 4-20-2006 by Ord. No. 2006-13. Amendments noted where applicable.]

§ 131-1 Definitions.

For purposes of this chapter, the following terms shall have the meanings indicated:
CRIMINAL HISTORY BACKGROUND CHECK
A review and determination as to whether a person has any prior criminal record according to a process approved by the Township and administered by a company specializing in the performance of such checks.
EMPLOYEE
An individual 18 years of age or older who receives compensation from the Township to perform services for a Marlboro youth program and has unsupervised direct access to minors. This definition includes applicants for a position as an employee.
MARLBORO YOUTH PROGRAM
Any program offering services for persons younger than 18 years of age, including but not limited to sports leagues, that are funded and/or administered, in whole or in part, by the Marlboro Recreation Commission.
QUALIFIED PARTICIPANT
An employee or volunteer who has completed a criminal history background check revealing no disqualifying convictions.[1]
UNSUPERVISED DIRECT ACCESS TO MINORS
The ability to have interaction with a person or persons who are younger than 18 years of age without the constant observation of the parent(s) or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement or a supervising qualified participant.
VOLUNTEER
A coach or assistant coach of a Marlboro youth program who does not receive compensation from the Township.
[1]
Editor's Note: The definition of "Review Committee," which immediately followed this definition, was repealed 10-19-2006 by Ord. No. 2006-34.

§ 131-2 Criminal history background check requirement; costs.

A. 
The Township requires that all employees and volunteers of a Marlboro youth program obtain a criminal history background check prior to providing services.
B. 
No prospective employee or volunteer of a Marlboro youth program will be permitted to commence services prior to the completion of the criminal history background check process and a determination that he or she is a qualified participant, except as set forth in Subsection C below.
C. 
A prospective employee or volunteer who has requested the necessary criminal history background check through the Superintendent of the Recreation Commission and who has provided all of the required information pursuant to § 131-3 may commence services to a Marlboro youth program under the direct supervision of a qualified participant pending the results of the criminal history background check.
D. 
An employee or volunteer required by this chapter to undergo a criminal history background check who refuses to consent to this procedure shall not participate in any Marlboro youth program.
E. 
The cost of conducting the criminal history background checks required under this chapter shall be paid by the Marlboro Recreation Commission from the fees paid by participants of the Marlboro youth programs.
F. 
The Superintendent of the Recreation Commission shall set forth policies and procedures to implement this chapter, which policies and procedures shall not be inconsistent with the terms of this chapter.

§ 131-3 Submission of information for criminal history background checks.

A. 
All employees and volunteers required to by this chapter to obtain a criminal history background check shall, pursuant to a procedure established by the Superintendent of the Recreation Commission, submit their name, address, date of birth, written consent and any other data deemed necessary by the Superintendent of the Recreation Commission to perform the criminal history background check. The Superintendent of the Recreation Commission shall coordinate the criminal history background check.
B. 
The Superintendent of the Recreation Commission is hereby authorized to exchange the information obtained pursuant to Subsection A of this section with the company performing the criminal history background checks.

§ 131-4 Exemption from criminal history background checks.

Any person who, through prior compliance with this chapter subsequent to its enactment, or who, by virtue of his or her occupation, was required by statute or otherwise to undergo a criminal history background check that is as comprehensive as the check required herein, as determined in the sole discretion of the Superintendent of the Recreation Commission, is exempt from the requirements of this chapter, unless three years have elapsed from the date of the most recent background check. The individual must provide proof of the date and results from the background check to the Superintendent of the Recreation Commission to be exempt from the requirements of this chapter.

§ 131-5 Continuing obligation.

Notwithstanding prior compliance with this chapter, no individual shall be permitted to continue as an employee or volunteer of a Marlboro youth program unless the latest criminal history background check on file with the Marlboro Recreation Commission was performed within the prior three-year period.

§ 131-6 Disqualification from service.

A. 
A person shall be disqualified from serving as an employee or volunteer of a Marlboro youth program if that person's criminal history background check reveals a record of conviction of any crime or disorderly offense:
(1) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (criminal homicide); N.J.S.A. 2C:12-1 et seq. (assault; reckless endangering; threats); N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses); N.J.S.A. 2C 14-1 et seq. (sexual offenses); or N.J.S.A. 2C:15-1 et seq. (robbery); or
(2) 
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.; or
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(4) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except for N.J.S.A. 2C:35-10(a)(4) (minimal amounts of marijuana or hashish); or
(5) 
Involving domestic violence as set forth in N.J.S.A. 2C:25-1 et seq.; or
[Added 10-19-2006 by Ord. No. 2006-34]
(6) 
Involving arson, criminal mischief and other property destruction as set forth in N.J.S.A. 2C:17-1 et seq.; or
[Added 10-19-2006 by Ord. No. 2006-34]
(7) 
Involving burglary and other criminal intrusion as set forth in N.J.S.A. 2C:18-1 et seq.; or
[Added 10-19-2006 by Ord. No. 2006-34]
(8) 
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 Subsections A(1) through (7).
[Amended 10-19-2006 by Ord. No. 2006-34]
B. 
In the event a charge is pending against a person, that person shall be temporarily disqualified from service pending the resolution of that charge. If such charge results in a conviction of a crime or disorderly persons offense described in Subsection A of this section that would disqualify the person from service, such person shall be deemed disqualified as of the date of conviction.
C. 
If a pending charge is for an offense that would serve to disqualify the person from service upon conviction, the person shall report the pending charge on the earliest of his submission to the criminal history background check or the date he learns of the charge. The individual shall also report the disposition of the charge immediately upon receiving notice of said disposition.
D. 
In the event the criminal history background check reveals that there may have been an offense by the potential employee or volunteer that cannot be confirmed or for which records cannot be obtained, the potential employee or volunteer will not be disqualified but will be required to appear before the Review Committee to present evidence regarding the alleged offense.

§ 131-7 Results; determination of disqualification.

[Amended 10-19-2006 by Ord. No. 2006-34]
If, following the completion of the criminal history background check, a disqualifying conviction exists as set forth in this chapter, then the Superintendent of the Recreation Commission shall notify the employee or volunteer in writing via certified and regular mail of that person's disqualification to serve with the Marlboro youth program. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the employee or volunteer is disqualified pursuant to this chapter. The written notice shall also state that the individual shall have the right to dispute inaccurate or incomplete information contained in the criminal history background check.

§ 131-8 Right to dispute.

[Admended 10-19-2006 by Ord. No. 2006-34]
Any current or prospective employee or volunteer shall have the right to dispute inaccurate or incomplete information contained in the criminal history background check, pursuant to a process approved by the Recreation Commission.

§ 131-9 Use of criminal history background check information.

Information obtained as a result of the criminal history background check shall not be disseminated to any other individual or entity in any form, except as necessary for litigation resulting from the determinations made pursuant to this chapter. The Recreation Commission shall adhere to all federal, state and local laws governing the confidentiality and/or access to criminal history record information.