[HISTORY: Adopted by the Township Committee
of the Township of Hazlet as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 82.
[Adopted 2-16-2008 by Ord. No. 1449-08]
Criminal history background checks shall be required for any
person with unsupervised direct access to minors (under the age of
18) involved in any youth-serving recreation organization within the
Township of Hazlet.
For the purposes of this article, the following words and terms
shall have the following meanings:
A vendor which is authorized by the State of New Jersey to
conduct criminal history record background checks.
Township provision of funding or facilities, including maintenance
of facilities.
A determination of whether a person has a criminal record
by cross-referencing that person's records with those on file
with the Federal Bureau of Investigation Identification Division and
the State Bureau of Identification in the Division of State Police.
The Township of Hazlet Police Department.
Recreation run directly by the Township of Hazlet Recreation
Commission, including oversight, control and/or fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Township of Hazlet sponsored or
cosponsored youth sports program or league that has regular unsupervised
direct access to minors as a result of a minor's involvement
with the organization.
A corporation, association or other organization, including
those with nonprofit status, which provides recreation-related activities
or services for persons younger than 18 years of age in connection
with Township of Hazlet sponsored or cosponsored youth sports programs
or leagues.
A.
The Township requires that all employees and volunteers of a youth-serving
recreation organization request through the Department that the State
Bureau of Identification in the Division of State Police or an authorized
vendor conduct a criminal history record background check on each
prospective and current employee or volunteer of the organization.
There shall be a thirty-day grace period for each new employee or
volunteer of the youth-serving organization to make application for
this criminal history record background check. All coaches must have
their applications completed by the end of the thirty-day grace period.
B.
The Township shall conduct a criminal history record background check
only upon receipt of the written consent for the check from the prospective
or current person with direct unsupervised access to minors.
C.
The individual applicant shall bear the costs associated with conducting
a criminal history background check, unless an agreement is made otherwise
with the Township and the Recreation Commission.
D.
The Division of State Police or the authorized vendor shall inform
the Department whether the person's criminal history record background
check reveals a conviction of a disqualifying crime or offense specified
in § 34-4 of this article. Any information received by the Department
shall be confidential.
E.
Any person who, by virtue of his/her occupation, is required by statute
to undergo a federal and state criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder until two years have elapsed
since the most current background check.
F.
Notwithstanding any provision herein to the contrary, the Township
may also contract with a youth-serving recreation organization and
the organization may conduct the criminal history background checks
in accordance with the provisions of this article.
A person may be disqualified from serving as an employee or
volunteer of a youth-serving recreation organization if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes and offenses:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(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.,
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 Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10, possession
of 50 grams or less of marijuana.
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 this section.
C.
This 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 within
the Township.
D.
Disorderly persons convictions that occurred more than 10 years prior
to the date of the criminal background search shall not serve to disqualify
the individual involved, provided there have been no subsequent conversation
and provided the original violations did not involve children or minors.
E.
Refusal. Refusal by individuals required to submit to background
checks will result in the immediate dismissal of the individual from
any Township-sponsored activities requiring backgrounds checks.
A prospective or current employee or volunteer of youth-serving
recreation organizations shall submit his or her application and written
consent to the Department for the criminal history record background
check to be performed. The organization shall submit this documentation
to the Department through the Chief of Police, who shall cause the
background check to be conducted, and refer the information to the
State Police and FBI or the authorized vendor for the initial check.
Thereafter, all subsequent background checks shall be submitted to
the Chief of Police, who shall coordinate a background check every
two years after the date of the initial check. Notwithstanding any
provision herein to the contrary, the Township may also contract with
a youth-serving recreation organization and the organization may conduct
the criminal history background checks in accordance with the provisions
of this article.
A.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Department as authorized by federal or state statute,
rule or regulation, executive order, administrative code, local ordinance,
or resolution regarding obtaining and disseminating of criminal history
record information obtained under this article.
B.
Criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons or entities. Any person
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties.
A.
If a criminal history record may disqualify an employee or volunteer
for any purpose, the employee or volunteer shall be provided with
an opportunity to complete and challenge the accuracy of the information
contained in the criminal history record. The employee or volunteer
shall be afforded a reasonable period of time to correct and complete
this record. A person is not presumed guilty of any charges or arrests
for which there are no final dispositions indicated on the record.
The Department shall coordinate between the employee or volunteer
and the Division of State Police or the authorized vendor any such
opportunity to complete or challenge the accuracy of the information
contained in the criminal history record.
B.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Police Department pursuant to the provisions of this article.
If an employee or volunteer is convicted of a disqualifying crime or offense as specified in § 32-4 hereof after such person has cleared the required background check, such person must immediately (but no later than three days after such conviction) notify the Township Administrator of that fact. Such person shall be immediately disqualified from his or her position.
In the event the Township Recreation Commission determines that
an individual is disqualified from participating in Township recreation
activities as a result of a crime or violation, the individual shall
be notified by the Clerk, and the individual shall have a right to
request a hearing before the Township Committee. Such hearing shall
not be open to the public in order to protect the privacy interests
of the individual. At the time of the hearing, the individual shall
be prepared to present any witnesses or evidence in support of his
or her claim that the violation does not negatively impact his or
her ability to be involved with children's activities at Township-owned
facilities. The Committee shall hear the evidence and testimony as
presented by the individual and shall have the opportunity to cross-examine
or call witnesses of its own. The hearing may be continued from time
to time in the event the Committee determines additional information
or testimony is needed. Upon the conclusion of any hearings, the Township
shall render its written decision within 30 days. Further appeal from
the Committee's decision may be made to any court of competent
jurisdiction.
Failure to comply with this article may result in the Township
withholding funding for the program or league, and/or prohibiting
the use of Township facilities.
