[Adopted by the Township Committee of the Township of Lumberton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2010 by Ord. No. 2010-9-011[1]]
The purpose of this article is to provide for the safety of
children engaged in activities sponsored by youth organizations by
taking steps to provide for the reasonable assurance that volunteers
for youth organizations have been subject to a criminal history record
background check.
As used in this article, the following terms shall have the
meanings indicated:
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/or the New Jersey State Bureau of Identification in the Division
of State Police.
A committee comprised of the Chief of Police (or the Chief's
designee), the Township Administrator (or the Administrator's designee)
and one Township resident appointed to the Review Committee by the
Township Committee.
[Amended 7-25-2019 by Ord. No. 2019-04]
Any adult individual, of the age of 18 years or older, who
volunteers his/her time as a coach, leader, instructor or the like
for a youth organization.
Any organized programs with participants that are Lumberton
residents under the age of 18 that: 1) are sponsored by the Township
of Lumberton; 2) receive Township assistance for their programs and/or
services; or 3) utilize Township facilities, including buildings and/or
fields of play, on a regular or recurring basis.
[Amended 7-25-2019 by Ord. No. 2019-04]
A.
Mandatory background check. All individuals seeking to volunteer
for youth programs shall be required to submit to a mandatory background
check. This requirement shall apply to new volunteers as well as existing
volunteers, and the requirement may not be waived by the Recreation
Commission or any other entity. Certified teachers who are currently
teaching may gain exemption by providing a copy of a school district
processed background check to the Recreation Department.
B.
Process. All volunteers shall be required to submit to a background check, which shall be conducted by Sagem Morpho, Inc., a private entity under contract to the New Jersey State Police Department. The results of the background check will be submitted to the Review Committee and the Review Committee shall maintain the results as confidential. If the background check reveals that the volunteer is currently charged with or has been previously convicted of homicide, assault, endangering, threats, kidnapping, sexual offenses, robbery, theft, offenses against the family, children and incompetents, or possession, use, and/or distribution of a controlled dangerous substance 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; or such act that the Review Committee determines are grounds for disqualification, then the volunteer shall be deemed to have failed the background check and shall not be permitted to volunteer in any way for a youth program.
C.
Notification of failed background check. If an individual desiring
to be a volunteer for a youth program fails the background check,
the individual shall be notified of the failure in writing via certified
and regular mail, with the reasons for the rejection stated therein,
by the Review Committee. The individual shall further be advised in
writing of his or her right to an appeal before the Review Committee,
which hearing must be requested within 20 days of the receipt of the
notice.
D.
Appeal hearing. If an appeal hearing is requested by the individual
pursuant to this section, at the hearing, the Review Committee shall
first state the reasons for the denial on the record, and the individual
shall thereafter be permitted to state his or her reasons as to why
they should still be permitted to be a volunteer. The Review Committee
shall thereafter render a decision on the individual's appeal and
may either permit the individual to be a volunteer or reject the individual's
appeal. The appeal may be granted or denied in the sole discretion
of the Review Committee.
(1)
Among the factors to be considered by the Review Committee when considering
an appeal include, but are not limited to:
(a)
Whether the results of the background check were accurate;
(b)
The nature and responsibility of the position for which the
individual would hold or has held;
(c)
The nature and seriousness of the crime or offense;
(d)
The circumstances under which the crime or offense occurred;
(e)
The date of the crime or offense;
(f)
The age of the individual when the crime or offense was committed;
(g)
Whether the crime or offense was an isolated or repeated incident;
(h)
Any social conditions which may have contributed to the crime
or offense;
(i)
Any evidence of rehabilitation, including good conduct in the
community, counseling or psychiatric treatment received, and the acquisition
of additional academic or vocational education and prior participation
in youth organizations; and
(j)
The recommendation of those who have had experience with the
individual.
(2)
The Review Committee's decision shall, within 10 days after the hearing,
be reduced to writing by the Review Committee and mailed certified
and regular mail to the individual. A hearing under this section may
be conducted in executive session pursuant to the provisions of the
Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
E.
Recreation Department obligations. All youth program officers or
leaders are required to make all reasonable efforts to comply with
the requirements of this article. It is the responsibility of the
youth program volunteer to coordinate with Sagem Morpho, Inc., and
the Recreation Department to ensure background checks are being administered
in compliance with this article. The Township shall bear the costs
associated with conducting the background checks.
[Amended 7-25-2019 by Ord. No. 2019-04]
(1)
Each youth program, through a designated officer or leader, shall
compile an annual roster of volunteers that are required to participate
in the background check procedures of this article. The youth programs
shall sign the roster certifying the accuracy and completeness of
the roster and volunteers' names. The youth program shall maintain
records, including the names of all volunteers and the date of their
last background check. These records shall be disclosed annually to
the Review Committee to ensure that all volunteers are current with
regard to the background check requirements.
(2)
Each youth progam shall issue identification cards to all volunteers who have submitted to a background check, and the identification cards must be in the possession of the volunteer whenever he or she is participating in any youth program activities. If an identification card is issued to a volunteer who is allowed to participate under the interim status provision of § 98-4B, and that volunteer later is deemed to have failed the background check, the youth program shall immediately revoke and confiscate the volunteer's identification card.
A.
Written consent. Each person seeking to participate in a youth program
as a volunteer shall execute a written consent in favor of both the
youth program and the Township of Lumberton, its agents, servants
and employees, authorizing said investigation, releasing the Township,
and its agents, servants and employees, from any liability arising
from same, and holding them harmless. Failure to submit to said investigation
will disqualify any such person from serving in the youth program.
[Amended 7-25-2019 by Ord. No. 2019-04]
B.
Interim status. When a person has submitted written consent, he/she
shall be provided interim status to engage in volunteering while awaiting
the results of the background check, provided the person certifies
that he/she has no reason to believe that he/she was found guilty
of a crime that would result in his/her disqualification from service
as a volunteer under the terms of this article. Interim status shall
be sufficient to volunteer only until such time that the results of
the background check are obtained.
A background check administered under the provisions of this
article shall be valid for three years. At the expiration of three
years, the volunteer must undergo a name check, but will not need
to submit to subsequent fingerprinting in order to continue to serve
as a volunteer.
A.
Limitation on access. Access to criminal history record information
for non-criminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township of Lumberton,
on a "need to know" basis, as authorized by federal or state statute,
rule or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this article.
[Amended 7-25-2019 by Ord. No. 2019-04]
B.
Limitation on use. The Township, the Review Committee and the recreation
organizations shall limit their use of criminal history record information
solely to the authorized purpose 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. Any
persons violating federal or state regulations governing access to
criminal history record information may be subject to criminal and/or
civil penalties. The results of background checks shall not be subject
to public disclosure and shall be retained only for a period of three
years.
[Amended 7-25-2019 by Ord. No. 2019-04]
C.
Township officials with access to the criminal history record information
shall be limited to the following: Solicitor, Clerk, and the Review
Committee and any other official specifically authorized by the Township
Committee, provided he/she is a confidential employee and the Township
Committee determines his/her involvement is necessary or useful in
carrying out the terms and intentions of this article.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.
