Borough of Washington, NJ Article VIIIA Recreation Committee

[Added 9-20-2011 by Ord. No. 3-2011[1]; amended 9-1-2020 by Ord. No. 2020-12[2]]

[1] Editor's Note: This ordinance also repealed former Art. VIIIA, Board of Recreation Commissioners, added 2-24-1981 by Ord. No. 3-81, as amended 12-17-2002 by Ord. No. 33-2002.

[2] Editor's Note: This ordinance also dissolved the former Recreation Commission and revoked all authority and offices authorized by its existence. It also repealed former § § 3-55.1 through 3-55.9 which pertained to the Board of Recreation Commissioners.

§ 3-55.1 Committee created; title; membership; compensation; terms; vacancies.

A. Pursuant to the authority vested in the Committee of the Borough of Washington, there is hereby established a Recreation Committee to be known as the "Borough of Washington Recreation Committee" which shall consist of at least five members, but not more than nine members, as determined and appointed by the Mayor upon the advice and consent of the Borough Council, one of whom shall be a member of the Borough Council, and one of whom shall be a member of the Board of Education. All members of the Borough of Washington Recreation Committee shall be residents of the Borough of Washington. The members of said Recreation Committee shall serve without compensation.

B. The Recreation Committee shall annually designate one of the members to serve as Chairman and presiding officer of the Recreation Committee. The terms of office of the first Recreation Committee members shall be for one, two or three years, and thereafter, the terms of office of Recreation Committee members shall be for staggered three-year terms. The members of the Recreation Committee shall serve at the will of the Borough Council. Borough Council may remove any member of the Recreation Committee with or without cause, upon written notice and after a hearing at which the member shall be entitled to be heard in person by the Borough Council.

C. The Recreation Committee may adopt by-laws for its administration and establish rules and regulations for its activities; provided, however, that such by-laws, rules, and regulations shall be subject to the approval of the Borough Council.

D. A vacancy on the Recreation Committee occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

§ 3-55.2 Powers, and duties.

The Recreation Committee shall provide for recreational opportunities for the residents of the Borough of Washington. The Recreation Committee shall make nonbinding recommendations to the governing body as to community events, as well as with respect to enhancements and improvements to any Borough-owned property for recreational activities. These nonbinding recommendations may consist of fundraising, operations, crowd control, costs and other activities related to the management of community recreational events or projects. The Recreation Committee shall also perform the following functions:

A. In conjunction with and under the supervision of the Borough Manager, supervise methods and arrangements for the proper maintenance and care of the lands and improvements on the Borough recreation fields and parks and all structures thereon now or hereafter owned by the Borough.

B. Advise the Borough Manager in the coordination of programs, the development of new initiatives, and the management of existing programs.

C. Recommend to the Borough Council a schedule of fees and charges to be made for the use of playground or recreational places for utilizing facilities, use of purchase of equipment and uniforms, participating in organized sports and activities and for such other purposes as may be deemed reasonable and proper by the Borough Council.

D. Maintain communications with recreational organizations in order to coordinate the use of facilities and establish consistent policies and cooperation among various groups.

E. Develop guidelines for the recreational use of playgrounds and recreational facilities in the Borough, consistent with rules governing the use thereof as may be adopted from time to time by the Mayor and Borough Council.

F. Encourage and plan special entertainment activities for all the citizens of the Borough throughout the year.

G. Maintain communication with other municipal bodies to minimize duplication of efforts and to foster joint programs.

H. The Recreation Committee may make recommendations to the Borough Manager as to the establishment of any new staff positions it deems necessary for the successful operation of the Borough's recreation programs. The responsibility for the hiring of such employees shall be vested with the Borough Manager. Any such employees shall be under the immediate supervision of the Borough Manager.

I. The Recreation Committee shall in all respects operate in accordance with the administrative procedures and regulations of the Code of the Borough of Washington. However, the Recreation Committee and its members shall have no power to take any action on behalf of the Borough of Washington or to take any other action, other than what is set forth within this subsection.

J. The Recreation Committee shall also study such matters as may be referred to it by the Manager and/or Mayor and Borough Council and shall report its findings and conclusions thereon, in writing, to the governing body as soon as reasonably possible.

§ 3-55.3 Records, annual report; appropriation of funds.

A. The Recreation Committee shall keep records of its meetings and activities and shall make an annual report to the Borough Council.

B. In November of each year, the Recreation Committee and the Recreation Leader/Director shall prepare and submit to the Borough Manager a proposed budget for the Borough's recreation program.

C. In considering the recommendations made by the Recreation Committee, the Borough Council and/or Manager, as appropriate, shall have the full and complete authority and power to expend the monies raised and/or designated for recreational purposes.

§ 3-55.4 through § 3-55.9. (Reserved)

§ 3-55.10 Criminal history background checks of employees and volunteers involved in recreation programs.

[Added 9-4-2012 by Ord. No. 8-2012]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

APPEALS COMMITTEE

For recreation-related programs or events: a three-member committee consisting of the Recreation Director, Borough Manager, and Chief of Police or the Chief of Police's designee. The committee shall be charged with the review of all appeals of any recreation-related employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.

BOROUGH-SPONSORED YOUTH PROGRAMS

Any programs sponsored by the Borough of Washington, including any run by Borough employees in their official capacity, or by volunteer organizations created by the Borough, and all leagues, boards, committees and commissions falling within the purview of or acting for or on behalf of the Borough of Washington and having contact with persons under the age of 18 years.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

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.

NONSPONSORED YOUTH PROGRAMS

Any youth programs not sponsored by the Borough of Washington but that utilize municipal facilities or have affiliation with a Borough-sponsored youth program and have contact with persons under the age of 18 years.

STATE BUREAU OF IDENTIFICATION

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.

VRO

Volunteer review operation; the unit located within the State Bureau of Identification that is responsible for administering criminal background checks as specified in this section.

YOUTH PROGRAMS

Any programs that allow for participation in activities by those persons under 18 years of age. Activities may include, but are not limited to, sporting activities, passive 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 the Borough other than a parent or caregiver.

B. Nonsponsored youth programs using Borough of Washington facilities.

(1) Prior to any club or organization not defined as a Borough-sponsored youth program, that has applied to use a Borough-owned facility, receiving authorization from the Borough to use Borough-owned facilities for programs, that are not one-time events, participated in by persons under the age of 18 years, those persons that are in supervisory positions, such as coaches, assistant coaches or similar positions, and who are 18 years of age or older must provide the Chief of Police or his/her designee with findings of a criminal background check obtained within the last three years from the State Bureau of Identification of 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 Borough-owned facility, first measured from the date of passage of this section. 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 Borough-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 Borough for individuals involved in administering Borough-sponsored youth programs. All fees for individuals not administering a Borough-sponsored program shall be borne by the individual or program with which they are participating.

C. Borough-sponsored youth programs.

(1) All persons 18 years of age or older, including, but not limited to, coaches, assistant coaches, or similar positions, involved in directing or supervising persons under the age of 18 years of age, for programs that are not one-time events, shall submit required information, on forms supplied by the Police. Department 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 Chief of Police.

(2) Based upon the memorandum of understanding executed between the Borough of Washington and the New Jersey State Police, the individual applying for the background check shall authorize the Washington Township Chief of Police to be the recipient of the response from the State Police based upon the findings of the background check. Individuals involved in a Borough of Washington Recreation Commission-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 Borough of Washington Recreation Commission shall bear the costs for the background checks for individuals qualified under this section. In the year 2012, funds will be used from the Meghan Kanka Foundation for costs associated with background checks.

(3) All individuals in charge of each recreation program are required to ensure compliance with this section for that league or program. The Recreation Director 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 Borough of Washington 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.

D. Disqualification.

(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 Washington Township Chief of Police or his/her designee shall notify the applicant and the Recreation Director of affirmative or negative results. The determination of the Washington Township Chief of Police is based upon Subsection D(2)(a) of this section. Details in the background check that result in a negative determination by the State Police will be afforded to the Chief of Police and are only available to the individual by contacting the VRO in writing. Individuals who receive a letter of nonrecommendation from the VRO will not be permitted to participate as a coach or volunteer in a cosponsored program or be employed by or appointed by the Borough pending correction of the criminal history record or the results of an appeal to the review committee.

(2) In the event the criminal background check reveals any prior convictions for crimes or offenses which negatively impact the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function for persons under the age of 18 years held at any Borough-owned facilities. Such offenses 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 set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.;

[2] Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;

[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 Paragraph (4) of subsection a of N.J.S.A. 2C:35-10.

[5] Any fourth-degree offense or higher. (This includes a wide range of offenses, including relatively minor shoplifting $200+ value, which will preclude participation.)

(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 in Subsection D(2)(a) of this section.

(3) 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.

(4) Refusal by individuals required to submit to background checks will result in an immediate dismissal of the individual from any Borough-sponsored activities 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-Borough-sponsored youth program to subscribe to the requirements of this section shall forfeit that program's ability to use municipal facilities.

E. 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 a Borough-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, Borough Manager or Recreation Director.

(2) Borough-sponsored youth programs.

(a) All Borough-sponsored youth programs that have individuals subject to this section shall direct those individuals to the Recreation Director for background checks prior to the individual being able to participate at a Borough-sponsored program, except as set forth in Subsection E(2)(b) below. Thereafter, every three years a new background check shall be submitted to the Chief of Police.

(b) Individuals involved in Borough-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.

F. Privacy. Any and all criminal background checks supplied to the Chief of Police 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 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.

[1] Editor's Note: See N.J.S.A. 47:1A-1 et seq.

G. Appeals.

(1) Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.

(a) A person may challenge the accuracy of the criminal history record.

(b) A person may claim to be rehabilitated. The nature and responsibility of the position which the convicted person would hold or has held, as the case may be, shall be considered by the appeals committee.

(c) 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 rejected 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) or Paragraph (4) of Subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.

(2) A challenge to the accuracy of the report shall be filed with the Washington Township Chief of Police, who shall coordinate the challenge with the New Jersey State Police.

(3) An appeal based on rehabilitation shall be made to an appeals committee, which shall consist of the Washington Township Chief of Police or his/her designee, the Borough Manager and the Recreation Director. Any such appeal must be made within 30 days of receipt of the notice of disqualification.

(4) 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 Chief of Police.

(6) In all instances, the final determination of whether an individual will be permitted to serve as a volunteer coach or be hired or appointed by the Borough will lie in the sole discretion of the appeals committee.

(7) Following its review, the appeals committee shall promptly advise the individual whether he or she is eligible to serve as a volunteer coach or be hired or appointed by the Borough.

H. In the event that any portion of this section is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the section actually adjudged to be invalid, and the remaining portions of this section shall be deemed severable therefrom and shall not be affected.