[HISTORY: Adopted by the Township Council of the Township of Marlboro 4-20-2006
by Ord. No. 2006-13. Amendments noted where
applicable.]
For purposes of this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
An employee or volunteer who has completed a criminal history background
check revealing no disqualifying convictions.[1]
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.
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followed this definition, was repealed 10-19-2006 by Ord.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.
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.
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.
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.
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.
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]
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.
[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.
[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.
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.
