[HISTORY: Adopted by the Borough Council of the Borough of
Eatontown 12-2-2009 by Ord. No. 20-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Eatontown, New Jersey.
Any facilities, including but not limited to any buildings
or structures, any parks, and any sports-related playing fields or
courts, owned by the Borough of Eatontown or by the Eatontown Board
of Education.
Land owned by the Borough of Eatontown or by the Eatontown
Board of Education.
Any youth programs which receive funding, in whole or in
part, by the Borough of Eatontown, including but not limited to any
and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Borough of Eatontown.
Persons younger than 18 years of age.
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 person providing services to the Borough, a Borough-sponsored
youth program, or to a nonsponsored youth program, as the case may
be, for monetary compensation and/or through an employment contract.
Any youth programs operating within the Borough of Eatontown
which are not Borough-sponsored youth programs, but which regularly
utilize Borough-owned facilities or municipally owned land.
The Borough Police Chief.
A person who has completed a criminal history record background
check within the past three years that has revealed no disqualifying
convictions and who has not been convicted of a disqualifying offense
since the date of the criminal history record background check.
Any person providing services to a Borough-sponsored youth
program or to a nonsponsored youth program without monetary compensation
from or an employment contract with such programs.
Any programs that allow for children's participation
in activities, including, but not limited to, sporting activities,
passive recreation groups, clubs or camp trips or any other activities
whereby some control and responsibility for children is assigned to
some person other than a parent or guardian.
A.
Prior to any nonsponsored youth program being authorized by the Borough
to utilize Borough-owned facilities or Borough-owned land, that nonsponsored
youth program must provide the Police Chief with the findings of a
criminal history record background check for each and every employee
or volunteer of such nonsponsored youth program who will provide services
to the nonsponsored youth program in or on the Borough-owned facilities
or Borough-owned land. Each employee or volunteer of the nonsponsored
youth program applying for the criminal history record background
check shall authorize the Chief of Police to be the recipient of the
affirmative or negative response from the Federal Bureau of Investigation,
Identification Division, and/or the New Jersey State Police based
upon the findings of the criminal history record background check.
B.
All officers of nonsponsored youth programs are responsible to ensure
that all of the employees and volunteers who will provide services
to nonsponsored youth programs in or on the Borough-owned facilities
or Borough-owned land comply with the requirements of this chapter.
The President of each nonsponsored youth program or his or her designated
representative shall file an annual roster of all of its employees
and volunteers who will provide services to the nonsponsored youth
program in or on the Borough-owned facilities or Borough-owned land
with the Borough's Recreation Department. Such roster shall include
information as to whether each listed employee or volunteer has completed
a criminal history record background check and the date of such background
check. The roster shall be on a form supplied by the Borough's
Recreation Department and shall contain a certification as to the
accuracy and completeness of the roster. Any person who knowingly
certifies a roster that excludes employees and volunteers who perform
services for the nonsponsored youth program in or on the Borough-owned
facilities or Borough-owned land or who provides knowingly false information
regarding the status of such employee's or volunteer's criminal
history record background check shall be in violation of this chapter
and laws regarding false swearing. The nonsponsored youth program
shall be responsible to ensure that only those employees or volunteers
of the nonsponsored youth program who were listed on the roster and
who successfully completed their criminal history record background
check provide services on behalf of the nonsponsored youth program
in or on the Borough-owned facilities or Borough-owned land and shall
prohibit employees and volunteers who fail to comply with the requirements
of this chapter from performing such services.
A.
Prior to participating in a Borough-sponsored youth program, individuals
wishing to act as employees or volunteers for a Borough-sponsored
youth program must submit an application on forms supplied by the
Borough's Recreation Department for the purpose of obtaining
a criminal history record background check from the State Bureau of
Identification in the Federal Bureau of Investigation, Identification
Division, and the New Jersey State Police. Applications for criminal
history record background checks shall be submitted to the Borough's
Recreation Department. The person applying for the criminal history
record background check shall authorize the Chief of Police to be
the recipient of the affirmative or negative response from the Federal
Bureau of Investigation, Identification Division, or State Police
based upon the findings of the criminal history record background
check.
B.
All officers of Borough-sponsored youth programs are responsible
to ensure that all of its employees and volunteers who will provide
services to the Borough-sponsored youth programs comply with the requirements
of this chapter. The President of each Borough-sponsored youth program
or his or her designated representative shall file an annual roster
of all of its employees and volunteers who will provide services to
the Borough-sponsored youth program. Such roster shall include information
as to whether each listed employee or volunteer has completed a criminal
history record background check and the date of such background check.
The roster shall be on a form supplied by the Borough's Recreation
Department and shall contain a certification as to the accuracy and
completeness of the roster. Any person who knowingly certifies a roster
that excludes employees and volunteers who perform services for Borough-sponsored
youth programs or who provides knowingly false information regarding
the status of such employee or volunteer's criminal history record
background check shall be in violation of this chapter and laws regarding
false swearing. The Borough-sponsored youth program shall be responsible
to ensure that only those employees or volunteers of the Borough-sponsored
youth program who were listed on the roster and who successfully completed
their criminal history record background check provide services on
behalf of the Borough-sponsored youth program and shall prohibit employees
and volunteers who fail to comply with the requirements of this chapter
from performing such services.
A.
Borough employees and/or prospective Borough employees who have or
will have authority in some capacity over children without the constant
observation of the children's parents or guardians or without
the constant observation of a representative of law enforcement or
another qualified participant shall submit sufficient information
on forms supplied by the Mayor and/or his designee from the Federal
Bureau of Investigation, Identification Division, and the New Jersey
State Police, for the purpose of obtaining a criminal history record
background check with the Federal Bureau of Investigation, Identification
Division, and the New Jersey State Police. Applications for criminal
history record background checks for Borough employees and/or prospective
Borough employees shall be processed by the Chief of Police. The employee
and/or prospective employee shall authorize the Police Chief to be
the recipient of the affirmative or negative response from the Federal
Bureau of Investigation, Identification Division, or State Police
based upon the findings of the criminal history record background
check.
B.
In the event of a negative determination arising from the criminal
history record background check, eligibility for new employment and
continued employment shall be determined in accordance with applicable
law.
C.
Notwithstanding anything stated herein, the Borough shall be permitted
to perform criminal history record background checks on employees
and/or prospective employees not covered by this chapter in accordance
with applicable law.
A.
All persons subject to the provisions of this chapter must obtain
a criminal history record background check before performing any services
on behalf of a nonsponsored youth program, a Borough-sponsored youth
program, or the Borough. Any person who has completed a criminal history
record background check that reveals no disqualifying convictions
shall be designated as a qualified participant and may serve as an
employee or volunteer for Borough-sponsored youth programs and nonsponsored
youth programs or as a Borough employee having authority in some capacity
over children without the constant observation of the children's
parents or guardians or without the constant observation of a representative
of law enforcement or another qualified participant.
B.
Period of validity.
(1)
Once an applicant has successfully completed a criminal history record
background check and has been designated as a qualified participant,
such designation shall be a valid for a period of three years from
the date of the criminal history record background check; provided,
however, that
(a)
The qualified participant shall be immediately disqualified
from serving as an employee or volunteer for Borough-sponsored youth
programs and nonsponsored youth programs or from serving as a Borough
employee having authority in some capacity over children if he or
she is subsequently convicted of a disqualifying crime; and that
(b)
The qualified participant shall be immediately disqualified
from serving as an employee or volunteer for Borough-sponsored youth
programs and nonsponsored youth programs or from serving as a Borough
employee having authority in some capacity over children unless he
or she files, on an annual basis as established by the Borough, a
certification in a form provided by the Borough certifying that he
or she has not been convicted of a disqualifying crime at any time
after the date of his or her last criminal history record background
check.
(2)
Upon the expiration of the three-year period, applicants must reapply
for a new criminal history record background check in order to provide
the services described within this chapter.
C.
Every individual subject to this chapter has an ongoing responsibility
to notify the Borough and, where applicable, to also notify the nonsponsored
youth program or Borough-sponsored youth program of any changes in
his or her criminal history background immediately upon such change
taking place. Failure by any individual to report any change in his
or her criminal history background shall result in the disqualification
of such individual from further service regulated under this chapter
and may subject such individual to the penalties for continuing violations
set forth within this chapter.
A.
Upon receipt of a completed criminal history record 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 Chief of Police shall notify the applicant and the designated
representative of the Borough-sponsored youth program or the nonsponsored
youth program, as the case may be, of the positive or negative determination
as to the applicant. Upon receipt of a completed criminal history
record background check conducted by the State Bureau of Identification
in the New Jersey State Police and/or the Federal Bureau of Investigation,
Identification Division, as to a Borough employee or prospective Borough
employee, the Chief of Police shall notify the applicant of the positive
or negative determination as to the applicant.
B.
The determination of the Chief of Police is based upon section § 130-6C and D of this chapter. Details in the criminal history record background check that result in a negative determination by the State Police are not afforded to the Chief of Police and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
C.
In the event that the criminal history record background check reveals
any prior convictions for crimes or offenses which negatively affect
the health, safety and welfare of children, the subject of the criminal
history record background check shall not be designated as a qualified
participant and shall not be allowed to perform services for a nonsponsored
youth program, a Borough-sponsored youth program, or as a Borough
employee having authority in some capacity over children without the
constant observation of the children's parents or guardians or
without the constant observation of a representative of law enforcement
or a qualified participant. Such crimes or offenses shall include,
but not be limited to, the following:
(1)
Crimes or offenses 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; stalking;
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)
Crimes or offenses 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)
Crimes or offenses involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
D.
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.
E.
If an employee or volunteer of a nonsponsored youth program or a
Borough-sponsored youth program fails to submit to a criminal history
record background check or to comply with any of the other requirements
of this chapter, that employee or volunteer will be barred from performing
services on behalf of the nonsponsored youth program or Borough-sponsored
youth program. If a Borough employee or prospective Borough employee
fails to submit to a criminal history record background check when
required to do so by the Borough or fails to comply with any of the
other requirements of this chapter, the Borough employee and/or prospective
Borough employee may be subject to discipline or termination in accordance
with applicable law.
A.
The provisions of this chapter shall not apply to youth programs
using Borough-owned facilities or Borough-owned land on an annual
basis, such as, by way of example, fairs, carnivals, flea markets,
and similar events.
B.
The provisions of this chapter shall not apply to employees or volunteers
providing services to the Eatontown Board of Education.
A.
Access to criminal history record background checks for noncriminal
justice purposes, including licensing and employment, is restricted
to authorized personnel of the Borough-sponsored youth program, the
nonsponsored youth program, or the Borough, as the case may be, 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 chapter. Such records shall
be exempt from public disclosure under common law or N.J.S.A. 47:1A-1
et seq.
B.
Borough personnel shall limit their use of criminal history record
background check information solely to the authorized purpose for
which it was obtained, and criminal history record background check
information shall not be disseminated to persons or organizations
not authorized to receive the records for authorized purposes. The
records, in whatever form they exist, including electronically or
via computer, shall be destroyed immediately by the Borough after
they have served their intended and authorized purpose. Any person
violating federal or state regulations governing access to criminal
history record background check information may be subject to criminal
and/or civil penalties.
Other than as otherwise provided herein, the applicant and/or
the Borough-sponsored youth program or the nonsponsored youth program,
as the case may be, shall be responsible for all fees associated with
obtaining the criminal history record background check.
For a violation of any provision of this chapter, the maximum
penalty, upon conviction, shall be a fine not exceeding the amount
authorized in N.J.S.A. 40:49-5, imprisonment for a term not exceeding
the term authorized in N.J.S.A. 40:49-5, and/or a period of community
service not exceeding the period authorized in N.J.S.A. 40:49-5, or
such combination of punishments as the Judge may, in his or her discretion,
deem appropriate and/or just. Each day in which a violation of any
provision of this chapter occurs or exists shall constitute a separate
violation of this chapter. Each violation of this chapter that can
be deemed severable from any other violation shall be deemed a separate
violation.
This chapter shall take effect upon passage and publication
in accordance with applicable law.
Any ordinance provisions inconsistent with the provisions of
this chapter are repealed to the extent of such inconsistency.
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision,
or clause.
