[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 6-8-2011 by Ord. No. 1291. Amendments noted where applicable.]
Any nonprofit youth-serving organization, as defined by state law, N.J.S.A. 15A:3A-1, which operates a youth sports program that receives funding from the Borough of Lindenwold, or utilizes facilities owned or maintained by the Borough of Lindenwold, shall require all employees and volunteers of that organization who have regular, unsupervised contact with minors to obtain a criminal history background check.
All such employees or volunteers shall file completed applications for the background check, including fingerprints, prior to their first day of service. No such employee or volunteer shall be permitted to serve the organization unless that person consents in writing to the background check. Until a background check is complete, employees and volunteers shall not have regular, unsupervised contact with any minor.
The employee or nonprofit youth-serving organization shall bear the costs associated with conducting the background check, in accordance with fees established by the State Bureau of Identification and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2d.
Any person who has undergone 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 requirements hereunder until three years have elapsed since the most current background check.
Thereafter, the Chief of Police of Borough of Lindenwold may, in his discretion, with a showing of good cause, order an additional background check of an employee or volunteer at any point, but in any case not more than once every three months.
Any person who is employed as a full-time staff member with the Borough of Lindenwold School District shall be exempt from the requirements hereunder.
A person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly persons offense:
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, and 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.
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.
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except N.J.S.A. 2C:35-10a(4).
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.
Each employee or volunteer shall submit his or her application for a criminal history background check, including fingerprints, to the Borough of Lindenwold Police Department and the New Jersey State Police, in accordance with the requirements of N.J.S.A. 15A:3A-1 et seq.
If the background check disqualifies the individual from employment or volunteering, he or she shall be so notified by the Borough of Lindenwold Chief of Police, or the Chief's designee, and such information shall be kept confidential by the Borough of Lindenwold Police Department.
Successful background checks shall be reported to the Borough of Lindenwold, which shall maintain a list of all individuals who are qualified to serve as employees or volunteers with nonprofit youth-serving organizations by virtue of their having successfully completed the background check. The Borough of Lindenwold may share that list with organizations who would like to know if a prospective employee or volunteer has passed the background check.
A successful background check remains valid for three years.
Access to criminal history record information shall be limited in accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.
Any person whose criminal history background check disqualifies that person from employment or from volunteering may appeal his or her disqualification.
A person may challenge the accuracy of the criminal history record.
A person may claim to be rehabilitated.
No person may appeal a disqualification on the grounds of rehabilitation 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 N.J.S.A. 2C:13-1c(2); endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to N.J.S.A. 2C:24-4a; endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4b(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 N.J.S.A. 2C:34-1b(3) or (4); or an attempt to commit any of these enumerated offenses.
A challenge to the accuracy of the report shall be filed with the Borough of Lindenwold Police Department Chief of Police, who shall coordinate the challenge with the New Jersey State Police.
An appeal based on rehabilitation shall be made to an appeals committee, which shall consist of the Borough of Lindenwold governing body, the Borough of Lindenwold Chief of Police, and the Borough of Lindenwold Administrator. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
In determining whether a person has affirmatively demonstrated rehabilitation, the appeals committee shall consider the following factors:
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
The nature and seriousness of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated incident;
Any social conditions which may have contributed to the offense; and
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.
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 Chairperson of Parks and Recreation.
[Amended 7-10-2013 by Ord. No. 1344]
Failure to comply with this chapter may result in the Borough withholding funding for the nonprofit youth-serving organization, prohibiting the use of facilities, or withholding funding for facility maintenance.
In the event that any employee and/or volunteer fails to appear at a scheduled appointment for a criminal background check, and fails to provide notice of cancellation within 48 hours of the scheduled appointment, and a missed appointment fee is incurred by the Borough of Lindenwold, as a result of the nonappearance, the volunteer and/or employee shall be required to reimburse the Borough of Lindenwold the sum of $45 per missed appointment. Such payment shall be due to the Borough of Lindenwold within 30 days of it being incurred by the Borough, and in the event it is not paid by the volunteer and/or employee, the fee shall be referred to the Municipal Court for collection and/or enforcement.