[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks and recreational areas — See Ch. 146.
[Adopted 5-11-2011 by Ord. No. 2011-12]
A.
The purpose of this article is to provide for the safety of children
engaged in activities sponsored by youth organizations by taking steps
to provide for the reasonable assurance that volunteers for youth
organizations have been subject to a criminal history record background
check.
B.
The focus of this article is to require volunteers for youth organizations
to obtain their background checks. As such, a youth organization and
an individual administering a youth organization's compliance
with this article will not be cited for failing to meet the requirements
of this article unless the failure was a result of gross negligence
or willful misconduct.
As used in this article, the following terms shall have the
meanings indicated:
The Chief of Police of the Chesterfield Township Police Department
or his designee. In the absence of a Chief of Police, the highest
ranking uniformed officer or his designee.
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file through the New Jersey State Police.
The State Police Force of New Jersey and, in particular,
the Volunteer Review Operations Program as that bureau is currently
named, or as may be amended by the State Police from time to time.
Any adult individual of the age of 18 years or older who
volunteers his time and acts as a coach, leader, instructor, trainer
or the like for a youth organization.
A.
Mandatory background check. All individuals seeking to volunteer
for youth organizations shall be required to submit to a mandatory
background check. This requirement shall apply to new volunteers as
well as existing volunteers, and the requirement may not be waived
by the youth organizations or any other entity. Certified teachers
who are currently teaching, law enforcement officers, or federal agents
who are authorized to carry a firearm, or others that already obtain
a similar background check may gain exemption by providing a copy
of their employer-processed background check to the youth organization
and the Township Clerk. Determination as to whether the background
check information provided is sufficient to meet the standards and
intent of this article shall be made by the Chief of Police.
B.
Process. All volunteers shall be required to submit to a background check, which shall be conducted by the State Police. The results of the background check will be submitted to the Chief of Police and the Chief of Police shall maintain the results as confidential. If the background check reveals that the volunteer is currently charged with or has been previously convicted of homicide, assault, endangering, threats, kidnapping, sexual offenses, robbery, theft, offenses against the family, children and incompetents, or possession, use, and/or distribution of a controlled dangerous substance 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; or such act that the Chief of Police determines is grounds for disqualification, then the volunteer shall be deemed to have failed the background check and shall not be permitted to volunteer in any way for a youth organization. The same process shall be utilized to periodic or annual name check verification for continued status as an active volunteer.
C.
Notification of failed background check. If an individual desiring
to be a volunteer for a youth organization fails the background check,
the individual shall be notified of the failure in writing via certified
and regular mail by the Chief of Police, with a copy to the Township
Clerk. The individual shall further be advised in writing of his or
her right to an appeal hearing before the Township Committee, which
hearing must be requested within 20 days of the receipt of the notice.
D.
Appeal hearing.
(1)
If an appeal hearing is requested by the individual pursuant to this
section, at the hearing the Chief of Police shall first state the
reasons for the denial on the record, and the individual shall thereafter
be permitted to state his or her reasons as to why they should still
be permitted to be a volunteer. The Township Committee shall thereafter
render a decision on the individual's appeal by majority vote
and may either permit the individual to be a volunteer or reject the
individual's appeal. The appeal may be granted or denied in the
sole discretion of the Township Committee.
(2)
The factors to be considered by the Township Committee when considering
and deciding an appeal include, but are not limited to:
(a)
Whether the results of the background check were accurate;
(b)
The nature and responsibility of the position for which the
individual would hold or has held;
(c)
The nature and seriousness of the crime or offense;
(d)
The circumstances under which the crime or offense occurred;
(e)
The date of the crime or offense;
(f)
The age of the individual when the crime or offense was committed;
(g)
Whether the crime or offense was an isolated or repeated incident;
(h)
Any social conditions which may have contributed to the crime
or offense;
(i)
Any evidence of rehabilitation, including good conduct in the
community, counseling or psychiatric treatment received, and the acquisition
of additional academic or vocational education and prior participation
in youth organizations; and
(j)
The recommendation of those who have had experience with the
individual.
(3)
Within
10 days after the hearing, the Township Committee's decision
shall be reduced to writing by the Township Committee or by the Clerk
or Solicitor on behalf of the Committee and mailed certified and regular
mail to the individual.
E.
Youth organization obligations.
(1)
All youth organization officers or leaders are required to make all
reasonable efforts to comply with the requirements of this article.
It is the responsibility of the youth organization to coordinate with
the Chief of Police to ensure background checks are being administered
in compliance with this article. Each youth organization shall bear
the costs associated with conducting the background checks if same
is not covered by grant from the Megan Kanka Foundation as well as
bear the cost for the annual name check confirmation.
(2)
The youth organization, through a designated officer or leader, shall
use its best efforts to compile a roster of volunteers that are required
to participate in the background check procedures of this article.
Said roster shall be provided to the Chief of Police 30 days prior
to the start of any sports season or 14 days after the close of registration
for the sport, whichever is sooner. The youth organization shall sign
the roster certifying to the best of the knowledge of the certifying
officer or leader of the youth organization the accuracy and completeness
of the roster and volunteers' names. The youth organization shall
maintain records including the names of all known volunteers and the
date of their last background check. These records shall be disclosed
upon request to the Chief of Police to help ensure that all volunteers
are current with regard to the background check requirements.
(3)
In the event that any youth organization already has a background
check policy and procedure in place, the Township may accept the results
from the administration of that policy, provided the policy and results
are disclosed to the Chief of Police and the Chief of Police is satisfied
that the policy and procedures are sufficient to satisfy the standards
and purpose of this article.
Each person seeking to participate in a youth organization as
a volunteer shall execute a written consent in favor of both the youth
organization and the Township of Chesterfield and their respective
agents, servants and employees, authorizing said investigation, releasing
the youth organization and the Township, and their respective agents,
servants and employees from any liability arising from same, and holding
them harmless, on forms to be provided by the Township. Failure to
submit to said investigation will disqualify any such person from
serving in the youth organization.
There shall be an initial background check performed for each
volunteer at the time of the adoption of this article and/or at the
time when the volunteer first participates in the organization. Thereafter,
the volunteer must undergo a name check on a periodic basis but no
less than once a year. The volunteer will not need to resubmit to
subsequent fingerprinting in order to continue to serve as a volunteer.
A.
Limitation on access. Access to criminal history record information
for noncriminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township of Chesterfield
and the applicable youth organization, 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 article.
B.
Limitation on use. The Township and the youth 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. Any persons
violating federal or state regulations governing access to criminal
history record information may be subject to criminal and/or civil
penalties. The results of background checks shall not be subject to
public disclosure and shall be retained pursuant to State records
retention schedules.
C.
Township officials with access to the criminal history record information
shall be limited to the following: Members of the Township Committee,
Solicitor, Clerk, Deputy Clerk, the Township Police Department and
any other official specifically authorized by the Township Committee,
provided they are a confidential employee and the Township Committee
determines their involvement is necessary or useful in carrying out
the terms and intentions of this article.
The Chief of Police is authorized to create or amend a standard
consent to background check form which shall be provided to each sports
organization for use in compliance with the requirements of this article.
Compliance with the requirements of this article shall be a
condition to the funding for any organization whose activities fall
within the parameters of this article.
Any person, firm, corporation, association or legal party whatsoever
who shall violate, or authorize or procure a violation, or cause to
be violated, any provision of this article shall, upon conviction
thereof, be punishable by a fine not less than $100 nor greater than
$1,000, a term of community service not greater than 90 days and/or
serve a term of imprisonment not greater than 90 days.
