[Added 2-25-1991 by Ord. No. 6-1991]
There is hereby established the Department of
Recreation and Cultural Affairs, which shall be responsible for the
development and implementation of recreational and cultural activities
and programs throughout the City. The Department shall operate under
the Direction of the Director of Recreation and Cultural Affairs,
who shall be a City officer appointed by the Mayor and confirmed by
the City Council. The Director shall be qualified by education, experience
and training to perform the duties of this office.
The Director shall have the following duties
and responsibilities:
A.
Administer, supervise and direct the personnel and
work of this Department as set forth in this article.
B.
Periodically evaluate the programs of the Department
and determine the needs of the public relative to providing recreation
and cultural activities.
C.
Assume responsibility for the development and implementation
of programs and activities aimed at meeting the needs of the community.
D.
Implement programs developed by the Mayor and City
Council designed to promote recreational and cultural services.
E.
Maintain liaison with citizen groups interested in
participating in programs and activities promulgated by the Department.
F.
Maintain liaison with citizen programs interested
in participating in programs and activities promulgated by the department.
G.
Coordinate public and private agencies and use their
resources for programs and activities developed by the department.
H.
Coordinate public and private agencies and use their
resources for programs and activities developed by the department
and act as liaison to the East Orange Arts and Cultural Commission.
I.
Act as liaison to federal, state, county, local and
private sector agencies to ascertain the availability of funding for
arts and cultural programs within the City.
J.
Ascertain the cultural needs of the City and implement
programs to meet them.
K.
Act as an informal resource person for federal, state
and local arts organizations.
L.
Coordinate volunteer programs within the City for
arts and cultural activities.
M.
Assist local educational, cultural and charitable
institutions through cooperative programs to enhance membership, funding
and publicity.
N.
Develop programs to enhance ethnic, racial, historic
and social traditions germane to the citizens of East Orange.
O.
Periodically evaluate the programs of the Department
and determine the needs of the public relative to providing services
at the Civic Center.
P.
Assume responsibility for the development and implementation
of programs and activities aimed at meeting the needs of the community
at the Civic Center.
Q.
Implement programs developed by the Mayor and City
Council designed to promote the use of the Civic Center.
[Amended 4-13-2015 by Ord. No. 17-2015]
In the Department of Recreation and Cultural
Affairs shall be:
A.
In the Department of Recreation and Cultural Affairs
shall be the Division of Neighborhood Facilities, which shall be responsible
for the operation of the Fellowship Civic Center in the City of East
Orange.
(1)
The Director of the Department of Recreation and Cultural
Affairs shall have the following duties and responsibilities as it
pertains to the Division of Neighborhood Facilities:
(a)
Administer, supervise and direct the personnel and
work of this Division as set forth in this article.
(b)
Periodically evaluate the programs of the Division
and determine the needs of the public relative to providing services
at the Civic Center.
(c)
Assume responsibility for the development and implementation
of programs and activities aimed at meeting the needs of the community
at the Civic Center.
(d)
Implement programs developed by the Mayor and City
Council designed to promote the use of the Civic Center.
(e)
Maintain liaison with citizen groups interested in
participating in programs and activities promulgated by the Division.
(f)
Coordinate public and private agencies and use their
resources for programs and activities developed by the Division.
[Amended 2-25-2019 by Ord. No. 2-2019]
A.
The Department shall have additional personnel as may be provided
for by the budget and set forth in the Salary Ordinance of the City.
Said personnel shall be qualified by experience and training to perform
the duties assigned by the Director of Recreation and Cultural Affairs.
B.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
MUNICIPAL-SPONSORED YOUTH PROGRAMS
MUNICIPALITY/TOWNSHIP/BOROUGH/TOWN/CITY or MUNICIPAL
NONSPONSORED YOUTH PROGRAM
YOUTH PROGRAM
Definitions. As used in this section, 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.
Any program sponsored by the City of East Orange, including
any municipal employees, volunteer organizations created by the municipality,
and all leagues, boards, committees and commissions affiliated with,
falling within the purview of, or acting for or on behalf of, the
City and having contact with persons under the age of 18 years.
The City of East Orange, in the County of Essex, State of
New Jersey.
Any youth program not sponsored by the City of East Orange,
but that utilizes municipal facilities or has affiliation with a municipal-sponsored
youth program and having contact with persons under the age of 18
years.
Any program that allows for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting or athletic activities, recreation groups,
clubs or camps and trips or other activities whereby some control
and responsibility for children is assigned to some person acting
for or on behalf of a municipal-sponsored youth program or nonsponsored
youth program, other than a parent or caregiver.
C.
Nonsponsored youth programs: criminal background checks required
for use of municipal facilities.
(1)
Prior to any club or organization not defined as a municipal-sponsored
youth program being authorized to use municipal-owned facilities for
functions participated in by children, all adults (those persons 18
years of age or older) in any way assisting in the function, including
but not limited to coaches, assistant coaches, or similar positions,
must provide the municipal Chief of Police or designee, or other chief
law enforcement officer of the municipality, with findings of a criminal
history background check obtained from the State Bureau of Identification
in the New Jersey State Police.
(2)
The submission of background check findings must be based upon a
check performed within three years of the start of use of the municipal-owned
facility. In the case of coaches performing duties as employees of
a school district, the policy of background checks adopted by the
individual school district shall be used to establish eligibility
for use of municipal-owned facilities. In all cases the background
check must comply with the provisions of any applicable laws regarding
same, but not less detailed than those performed by the municipality
for individuals involved in administering municipal-sponsored youth
programs. All fees for individuals administering a non-municipal-sponsored
program shall be borne by the individual or program with which they
are participating.
D.
Municipal-sponsored youth programs: background checks.
(1)
All adults (those persons 18 years of age or older), including but
not limited to present employees, coaches, assistant coaches, or similar
positions involved in educating, directing or supervising youth, and
in any way assisting in a municipal-sponsored function participated
in by children, shall submit sufficient information on forms supplied
by the municipal Police Department or other enforcement authority
from the New Jersey State Police, for the purpose of obtaining a criminal
history background check with the State Bureau of Identification in
the New Jersey State Police. Applications for background checks shall
be processed by the municipal Chief of Police or other chief law enforcement
authority of the municipality.
(2)
Based upon a memorandum of understanding to be executed between the
City of East Orange and the New Jersey State Police, the individual
applying for the background check shall authorize the municipal Chief
of Police or other chief law enforcement officer of the municipality
to be the recipient of the response from the State Police based upon
the findings of the background check. Individuals involved in a municipal-sponsored
youth function, and who are required to undergo background checks
based upon this section, shall not be responsible for the costs involved
with obtaining the criminal background check. The municipality shall
bear the costs for the background checks for individuals qualified
under this section.
(3)
All league officers and/or those individuals in charge of each recreation
program are required to ensure compliance with this section for that
league or program. The president or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures of this section. The roster shall
be on forms supplied by the municipality and shall contain a certification
as to the accuracy and completeness of the roster and individual names.
Any person who knowingly certifies a background check roster that
excludes an individual required to be checked shall be in violation
of this section and laws regarding false swearing.
E.
ID card. Individuals engaged in providing recreation opportunities
for, or on behalf of, the City shall be issued identification cards
with appropriate expirations based upon the date of their individual
background check. Individuals issued identification cards are required
to display their card while in performance of their duty involving
youth programs.
F.
Disqualification from employment and termination of employment.
(1)
Upon receipt of a completed background check conducted by the State
Bureau of Identification in the New Jersey State Police and/or the
Federal Bureau of Investigation, Identification Division, the municipal
Chief of Police or designee, or other chief law enforcement officer
of the municipality shall notify the applicant, the Law Department
and the appropriate director, administrator or department head of
affirmative or negative results.
(2)
The positive or negative determination of the municipal Chief of Police or other chief law enforcement officer shall be based upon Subsection F(1). Details in the background check that result in a negative determination by the State Police shall not be afforded to the municipal Chief of Police and will only be made available to the applicant upon making a formal request to the State Bureau of Investigation.
(3)
In the event the criminal background check reveals any prior convictions
for crimes or offenses which may negatively impact the health, safety
and welfare of children, said applicant shall not be qualified to
be an employee or volunteer, in any capacity, for the City of East
Orange, with regards to any program or event that would include the
unsupervised or supervised interaction with persons under the age
of 18 years of age. An applicant's employment with the City shall
be immediately terminated, and said applicant shall be barred from
any and all future employment positions involving persons under the
age of 18 years old in the event that:
(a)
The applicant began employment for the City prior to the effective
date of this section and/or failed to submit to a criminal history
record background check prior to the start of his or her employment;
and
(b)
Said applicant receives a negative result from and/or fails
the required background check.
(4)
Those crimes or offenses that shall be deemed to negatively impact
the health, safety and welfare of children, thereby disqualifying
an applicant from employment within the City, shall include, but not
be limited to:
(a)
In New Jersey, any crime or disorderly persons offense:
[1]
Involving danger to the person, meaning those crimes and disorderly
persons offenses, including but not limited to criminal homicide (N.J.S.A.
2C:11-2 et seq.), assault (N.J.S.A. 2C:12-1 et seq.), threats (N.J.S.A.
2C:12-3), stalking (N.J.S.A. 2C:12-10 et seq.), kidnapping (N.J.S.A.
2C:13-1 et seq.), robbery (N.J.S.A. 2C:15-1 et seq.) and all offenses
enumerated in N.J.S.A. 2C:7-2 et seq. and N.J.S.A. 2C:14-1 et seq.
[2]
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-4
et seq., such as endangering the welfare of a child;
[3]
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
[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 the offense of possessing under 50 grams of marijuana as set
forth in N.J.S.A. 2C:35-10a(4).
[5]
Of the fourth degree or higher.
[6]
Requiring the applicant to register as a sex offender within
the meaning of N.J.S.A. 2C:7-2 et seq.
(b)
In any other state or jurisdiction, conduct which, if committed
in New Jersey, would constitute any of the crimes or disorderly persons
offenses described outlined in this section and/or any offense outlined
in N.J.S.A. 2C:7-2 et seq.
(5)
The list of crimes and violations contained in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
(6)
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any municipal-sponsored
activities or employment requiring background checks. In addition,
refusal to comply with this section by any individual falling within
the scope of requirements for nonsponsored youth programs will forfeit
that individual's ability to participate with the respective program.
Refusal of a non-municipal-sponsored youth program to subscribe to
the requirements of this section shall forfeit that program's ability
to use municipal facilities.
G.
Frequency of background checks.
(1)
All nonsponsored youth programs that have individuals subject to
this section shall supply background checks for all of their participants
prior to the individual being able to participate at any function
at a municipal-owned facility to the extent covered by this section.
Thereafter, every three years a new background check shall be submitted
to the Chief of Police, Municipal Administrator or Municipal Solicitor.
(2)
All municipal-sponsored youth programs that have individuals subject
to this section shall ensure the performance of criminal history record
background checks prior to the individual being able to participate
at any function sponsored by the City. Thereafter, every three years
a new background check shall be submitted to the municipal Chief of
Police or other chief law enforcement officer.
(3)
Individuals involved in municipal-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
for a background check. Interim approvals shall only be valid for
the period of time that it takes to receive background checks results.
Such interim approval shall not be valid for a period of time exceeding
45 days. Only one interim approval may be granted per individual.
During this interim approval the affected applicants shall not be
given unsupervised access to minors.
H.
Appeals.
(1)
Any person whose criminal history record background check disqualifies
that person from employment or from volunteering may appeal his or
her disqualification.
(2)
Appeal regarding accuracy of record. A person may challenge the accuracy
of the criminal history record. A challenge to the accuracy of the
report shall be filed with the municipal Chief of Police or other
chief law enforcement officer, who shall coordinate the challenge
with the New Jersey State Police.
(3)
Appeal alleging rehabilitation. A person may claim to be rehabilitated;
however:
(a)
No person may appeal a disqualification on the grounds of rehabilitation,
if convicted of a fourth degree offense or higher, if the person has
been disqualified because that person has been convicted, adjudicated
delinquent or acquitted by reason of insanity of aggravated sexual
assault; sexual assault; aggravated criminal sexual contact; kidnapping
pursuant to paragraph (2) of Subsection c of N.J.S.A. 2C:13-1; endangering
the welfare of a child by engaging in sexual conduct which would impair
or debauch the morals of the child pursuant to subsection a of N.J.S.A.
2C:24-4; endangering the welfare of a child pursuant to paragraph
(4) of Subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant
to Section 1 of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal sexual
contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping
pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A.
2C:13-3 if the victim is a minor and the offender is not the parent
of the victim; knowingly promoting prostitution of a child pursuant
to paragraph (3) of Subsection b of N.J.S.A. 2C:34-1; or an attempt
to commit any of these enumerated offenses.
(b)
An appeal based on rehabilitation shall be made to an Appeals
Committee, which shall consist of the Chief of Police, the president
or administrator of the municipal recreation program and Municipal
Attorney. Any such appeal must be made within 30 days of receipt of
the notice of disqualification.
(4)
Rehabilitation criteria. In determining whether a person has affirmatively
demonstrated rehabilitation, the Appeals Committee shall consider
the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be:
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Any other 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.
(5)
If the Appeals Committee determines that the disqualified person
has been successfully rehabilitated, it shall enter that person's
name on the list of qualified employees and volunteers maintained
by the municipal Chief of Police or other chief law enforcement officer
of the municipality.
I.
Privacy and confidentiality.
(1)
Any and all criminal background checks supplied to the municipal
Chief of Police or other chief law enforcement officer shall be filed
and maintained in a secure and locked cabinet or room and shall not
be available to the public. The Chief of Police or other chief law
enforcement officer of the municipality shall take appropriate steps
to safeguard such records. The records shall be exempt from public
disclosure under the common law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period of
time as is necessary to serve their intended and authorized purpose,
and thereafter shall be destroyed.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(2)
Access to criminal history record information for non-criminal-justice
purposes, including licensing and employment, is restricted to the
members of the review committee, as authorized by federal or state
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history record information
obtained under this section.
(3)
The review committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information 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
records information may be subject to criminal and/or civil penalties.
J.
Penalties.
(1)
Failure to comply with this section may result in the municipality
withholding funding for the nonprofit youth-serving organization,
prohibiting the use of facilities, or withholding funding for facility
maintenance.
[Added 3-26-2007 by Ord. No. 7-2007]
A.
There is hereby established the East Orange Golf Course
Advisory Committee. It consists of two members of City Council who
shall be appointed by the City Council Chairperson and five citizens
of East Orange, two of whom shall be appointed by resolution of City
Council, two of whom shall be appointed by the Mayor and one of whom
shall be appointed by resolution of the East Orange Board of Water
Commissioners. The term of office for each City Council member shall
be one year beginning January 1 and ending December 31 of each calendar
year. The term of office for each citizen member shall be two years
with the term beginning on the date of appointment. The Mayor and
City Council Chairperson shall be ex officio members of the Golf Course
Advisory Committee.
B.
The East Orange Golf Course Advisory Committee shall
review and study the management, operation and maintenance of the
golf course and make policy recommendations to the Mayor, City Council
and the Board of Water Commissioners.
