[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-25-1997 by Ord. No. 97-2]
An Advisory Committee on Recreation of the Borough
of East Rutherford, not to exceed 12 members, is hereby established.
This Advisory Committee shall consist of three subcommittees: one
for local athletic programs, one for local children's programs and
one for combined Carlstadt and East Rutherford recreational programs.
All members appointed to the Advisory Committee shall be designated
to serve on a specific subcommittee at the time of appointment as
hereinafter set forth.
The Mayor shall appoint the members of the Advisory
Committee on Recreation with a subcommittee designation from among
the citizens and residents of the Borough of East Rutherford, including
the filling of vacancies. The members of the Advisory Committee shall
receive no compensation for their services and shall be appointed
for a term of one year.
A.
It shall be the duty of the Advisory Committee on
Recreation herein established to advise the Mayor and Council on the
use of all public lands and facilities in the borough for local athletic,
local children and combined East Rutherford and Carlstadt recreation
programs. The Mayor and Council shall make all final decisions for
same. The Advisory Committee shall have the power to make and adopt
suitable rules for the purpose of accomplishing its objectives, and
each subcommittee shall select a spokesperson/subcommittee chairperson
as it may deem advisable and necessary from its members.
B.
The Advisory Committee as a whole or subcommittees
separately, as the need may be, shall make and submit to the Mayor
and Council of the Borough of East Rutherford an annual written report
on or before the first day of January of each year, which shall contain
an itemized accounting of all activities, receipts, disbursements,
expenditures and number of employees for the year.
If so desired, the Mayor may appoint a Programs
Coordinator and/or secretary at a rate or compensation to be set at
the time of appointment for the determined appointment period.
[Adopted 11-14-2011 by Ord. No. 2011-14]
A.
BOROUGH-SPONSORED PROGRAM
CRIMINAL HISTORY RECORD BACKGROUND CHECK
CRIMINAL HISTORY RECORD INFORMATION
DEPARTMENT
NONCRIMINAL JUSTICE PURPOSE
REVIEW AUTHORITY OR AUTHORITY
VOLUNTEER
YOUTH SERVING RECREATION ORGANIZATION OR ORGANIZATION
Definitions. As used in this § 68-5, the following terms shall have the meanings set forth:
Any programs sponsored by the Borough which provide and utilize
Borough facilities and/or Borough property and/or are covered under
the Borough's insurance.
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, the State Bureau of Identification in the Division of the
State Police and any agency deemed necessary by the contracted entity
appointed by the Borough to obtain criminal history background information.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of New Jersey Courts
and/or Law Enforcement Agencies or other states' computerized
repositories containing criminal history record information consisting
of identifiable descriptions and notations of arrests, indictments,
or other formal criminal charges, and any dispositions arising therefrom,
including convictions, dismissals, correctional supervision and release.
The Borough of East Rutherford Police Department.
Any purpose, other than administration of criminal justice
or criminal justice purpose, including employment and licensing, for
which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a federal or
state statute, rule or regulations, executive order, administrative
code provision, local ordinance, resolution or by this section, to
any law enforcement agency or other states' computerized repositories
for the dissemination of criminal history record information.
The Chief of Police who shall be charged with the review
of all appeals by any volunteer whose criminal history background
check reveals a disqualifying criminal conviction.
Any person involved with an East Rutherford sponsored sports
program who has regular unsupervised direct access to minors as a
result of their involvement with the organization.
A corporation, association or other organization, including
those with nonprofit status and which provides recreational, cultural,
charitable, social or related activities or services for persons younger
than 18 years of age, but not including public and nonpublic schools.
B.
Criminal background checks; costs.
(1)
The Borough requires that all employees and volunteers of a youth-serving
recreation organization request, through the Department, that the
contracted entity conduct a criminal history record background check
on each prospective and current employee and volunteer of the organization.
A criminal history record background check at the same level performed
by the same third party independent agency contracted by the Borough
within one year of the date of application to serve as an employee
or volunteer of a nonprofit youth-serving organization shall be accepted
by the Borough as a valid criminal history record background check.
(2)
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for such check from the prospective
or current volunteer or employee.
(3)
The Borough shall bear the costs associated with conducting a criminal
history background record check.
C.
Conditions under which a person is disqualified from service.
(1)
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 that the person has been convicted
of any of the following crimes or offenses:
(a)
If convicted in New Jersey, any of the following crimes or disorderly
persons offenses:
[1]
2C:11 Homicide: all offenses.
[2]
2C:12 Aggravated Assault; Endangering; Threats: all offenses.
[3]
2C:13 Kidnapping: all offenses.
[4]
2C:14 Sexual Offenses: all offenses.
[5]
2C:15 Robbery: offenses.
[6]
2C:24 Offenses Against the Family, Children and Incompetents:
all offenses.
[7]
2C:35 Controlled Dangerous Substances: all offenses except for
a violation of Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
(2)
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer of a youth-servicing organization and/or the employee or
volunteer involved with Borough-sponsored programs involving minors,
the Borough shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record.
(3)
The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Recreation Director that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection F below.
D.
Submission, exchange of background information.
(1)
The Borough may, in its discretion, engage the services of a qualified
entity to conduct the criminal history record background checks authorized
under this section (the "contractual entity").
(2)
Prospective or current employees and volunteers of nonprofit youth-serving
organizations and/or employees and volunteers of Borough-sponsored
programs involving minors shall submit their name, address, fingerprints
and written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the designated contracted entity, which shall coordinate
the background check. Thereafter, all subsequent background checks
shall be submitted to the designated contracted entity every three
years after the date of the initial check.
(3)
The contracted entity shall act as a clearinghouse for the collection
and dissemination of information obtained as a result of conducting
criminal history record background checks pursuant to this section.
(4)
If a criminal history record may disqualify an applicant or an existing
employee or a volunteer for any purpose, the Borough shall provide
the employee or volunteer with an opportunity to challenge the accuracy
of the information contained in the criminal history record background
check. The potentially disqualified person shall be afforded a reasonable
period of time to challenge and correct the record.
E.
Limitations on access and use of criminal history record background
checks.
(1)
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to authorized
personnel on the youth-serving organization and/or the Borough-sponsored
program involving minors, 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 section.
(2)
Such persons or 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 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. This
record shall be destroyed immediately after it has served its intended
and authorized purpose. Any person violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties.
F.
Appeal process and Appeal Panel.
(1)
If the criminal background check disqualifies an employee or volunteer,
the employee or volunteer may appeal that determination by filing
a written notice of appeal with the Clerk of the Borough no later
than 20 days after receiving the determination from the Borough. Any
appeal requested shall proceed before the Criminal Background Check
Appeal Panel.
(2)
In order to monitor and supervise the enforcement of this section
by the Borough, the Borough hereby creates a Criminal Background Check
Appeal Panel, which shall consist of three members: the Chief of Police,
Recreation Director and Borough Prosecutor.
(3)
The Criminal Background Check Appeal Panel is granted and shall have
and exercise, in addition to other powers herein granted, all the
powers necessary and appropriate to carry out and execute the purposes
of this section, including but not limited to holding hearings and
adjudicating appeals by employees and volunteers dissatisfied with
the determination of the criminal background check concerning the
disqualification of the employee or volunteer and/or the accuracy
of the criminal history record.