[HISTORY: Adopted by the Township Committee of the Township
of Hamilton 12-21-2020 by Ord. No. 1941-2020. Amendments noted where applicable.]
As used in this article:
Chief Law Enforcement Officer of the Township of Hamilton
Police Department or his/her designee.
A determination of whether a person has a criminal record
by cross-referencing that person's name, fingerprints, social
security number and date of birth with those on file with the Federal
Bureau of Investigation, Identification (SBI) Division and the State
Bureau of Identification in the New Jersey State Police.
Information collected by criminal justice agencies concerning
persons and stored in the computerized databases of the New Jersey
State Police SBI Criminal History Information System, the National
Law Enforcement Telecommunications Systems or other state 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 Township of Hamilton Police Department.
An individual 16 years of age or older who receives compensation
from the Township or a youth program to perform services for a youth
program and has the potential for unsupervised direct access to youth.
The response provided by the Department of Law and Public
Safety, Division of State Police, to the request for a criminal history
background check pursuant to N.J.S.A. 15A:3a-1 et seq.
An employee or volunteer who has completed a criminal history
background check revealing no disqualifying information.
Any youth program which receives benefits, either directly
or indirectly, including but not limited to the provision of funding
or equipment from the Township.
Any program which, while not directly sponsored by the Township
with funding, the providing of equipment or other benefits, uses Township
facilities, including but not limited to sports fields and Township
buildings.
Any individual 16 years of age or older who, on an uncompensated
basis, performs services for a youth program and has the potential
for unsupervised direct access to youth.
The unit located within the State Bureau of Investigation
in the New Jersey State Police that is responsible for administering
criminal background checks for volunteers and employees for youth
programs as specified in this article.
Any individual under 18 years of age.
Any program which allows for participation in activities
or services by persons under 18 years of age, including, but not limited
to, sporting activities, passive recreation groups, clubs, camps,
field trips, cultural organizations, social groups and other activities
or services.
The cost of the background checks are to be borne by the volunteer
or employee or by the youth organization. The cost is the current
program fee as determined by the Volunteer Review Operation. Only
a qualified participant may serve as an employee or volunteer of a
Township-sponsored or Township-supported youth program.
A.
A person shall be disqualified from serving as an employee or volunteer
of a youth program if that person's criminal history record background
check reveals a record of conviction of any of the following crimes
or offenses:
(1)
N.J.S.A. 2C:11 Homicide: all offenses.
(2)
N.J.S.A. 2C:12 Assault; endangering; threats: all offenses.
(3)
N.J.S.A. 2C:13 Kidnapping: all offenses.
(4)
N.J.S.A. 2C:14 Sexual offenses: all offenses.
(5)
N.J.S.A. 2C:15 Robbery: all offenses.
(6)
N.J.S.A. 2C:20 Theft: all offenses.
(7)
N.J.S.A. 2C:24 Offenses against the family, children and incompetents:
all offenses.
(8)
N.J.S.A. 2C:35 Controlled dangerous substances: all offenses except
Paragraph (4) of Subsection a. of N.J.S.A. 2C:35-10.
B.
Conduct in any other state or jurisdiction which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection A of this section.
C.
Nothing herein shall be construed to authorize an excluded sex offender
as defined in N.J.S.A. 2C:7-22 to serve as an employee or volunteer
in a youth organization or any other entity from which the excluded
sex offender is otherwise statutorily disqualified.
A.
The Township requires that all employees and volunteers of youth
programs, either sponsored by the Township or supported by the Township,
obtain a criminal history background check, and no person shall be
permitted to act as an employee or volunteer of a youth program, either
Township-sponsored or -supported, until the results of the criminal
history background check have been received and approved by the Chief
of Police or his/her designee.
B.
Any person who, through prior compliance with the background check
requirements of this article, must provide the written letter of approval,
dated within six months of the date of request. All others must complete
this article's criminal background check requirements.
C.
Notwithstanding prior compliance with the requirements of this article,
no individual shall be permitted to continue as an employee or volunteer
of a Township-sponsored or Township-supported youth program unless
the latest criminal history background check provided to the Department
of Community Services was performed within the preceding five-year
period.
A.
It is the responsibility of each youth organization and its management,
including officers, directors and coaches, to ensure that all individuals
who serve as employees or volunteers of such youth program submit
and obtain a criminal history background check and are approved by
the Chief of Police or his/her designee as a qualified participant.
Refusal or failure by any individual required to submit to such a
background check shall result in immediate dismissal from any Township-
sponsored youth program, and the refusal or failure of any Township-supported
youth program to comply with the requirements of this article shall
result in a denial of the use of Township facilities.
B.
Scope of services provided by the Township of Hamilton Police Department:
(1)
Maintain current lists of all employees and volunteers of youth organizations
subject to this article and verify compliance on a continual basis.
(2)
The Chief of Police or his/her designee shall be responsible for
the maintenance of all records generated as a result of this article.
All such information shall be deemed confidential and maintained in
a secure location. Such records shall only be retained for such period
of time as is necessary to ensure compliance with this article.
A.
The individual applying for the criminal history background check
shall authorize the Chief of Police or his/her designee to be the
recipient of the affirmative or negative response from the State Police
Bureau of Investigation. If appropriate, the Chief of Police or his/her
designee shall then proceed to process the individual's identification
card. If the individual wishes to obtain a copy of the criminal history
record itself, a request must be submitted to the New Jersey State
Police.
B.
If the individual believes that the result of the criminal history
background check is factually inaccurate or that the individual's
criminal history record is in some way factually inaccurate, the individual
must contact the New Jersey State Police directly.
C.
Neither the Chief of Police or his/her designee nor other individuals
in the Township government are privy to the specific contents of the
applicant's criminal history background check. However, the individual
employee or volunteer may obtain a copy of the actual criminal history
background check from the New Jersey State Police and may confidentially
provide it to the Chief of Police or his/her designee for the purposes
of an appeal pursuant to procedure listed below.
A.
If a disqualification notice from the State of New Jersey is received,
the volunteer or employee may obtain from the State Police a full
criminal history record and any dispute regarding the accuracy or
completeness of such record shall be directed to the State Police.
If, however, the individual disputes the appropriateness of the disqualification
notice on grounds other than the accuracy or completeness of the individual's
criminal history record, the individual may appeal the determination
by filing a written notice of appeal with the Chief of Police or his/her
designee no later than 20 days after receiving the determination.
Once an appeal notice is received by the Chief of Police or his/her
designee, a meeting with the Appeal Panel shall be scheduled.
B.
There is hereby established, pursuant to this article, an Appeal
Panel consisting of the Township Administrator, the Township Chief
of Police and the Director of Public Works. Each individual will serve
without compensation. The Township Administrator, the Chief of Police
and the Director of Public Works may select a designee to serve in
their place on the Appeal Panel; said designee must be an employee
of the Township and not a volunteer with Township youth organizations
as defined within. All Appeal Panel members shall serve without additional
compensation. A meeting of the Appeal Panel shall require at least
two of its members or designees to be present. Any decision of the
Appeal Panel shall require agreement by at least two members or their
designees.
C.
The Appeal Panel shall meet with the individual who has filed an
appeal and review such information and documentation as may be submitted
for consideration. The Appeal Panel may, in its discretion, consider
evidence of rehabilitation if documented to the Appeal Panel by clear
and convincing evidence.
D.
The Township Administrator shall preside at the appeal and, if deemed
appropriate, may take testimony under oath. Technical rules of evidence
shall not be applicable and a verbatim recording is not required.
E.
The determination of the Appeal Panel shall be final and not subject
to any further appeal. The Appeal Panel may, however, if deemed appropriate
by the Chief of Police or his/her designee, agree to reconsider a
denied appeal if the individual produces new or additional information.
F.
The Appeal Panel may establish such procedures as it deems appropriate
for the processing and hearing of appeals.
