[HISTORY: Adopted by the Town Council of the Town of Belvidere 9-23-2019 by Ord. No. 2019-09. Amendments noted where applicable.]
This chapter shall be known as "Background Checks."
As used in this chapter, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record
by cross-referencing that person's name and relevant data 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.
All property owned or leased by the Town of Belvidere, including,
but not limited to, the Municipal Building, all parks, playgrounds,
open space and recreational fields, the Community Center, and the
Boy Scout Home.
Any youth programs sponsored or unsponsored by the Town of
Belvidere that utilize municipal facilities and having contact with
persons under the age of 18 years, including, but not limited to,
youth sports leagues, clubs and camps.
A.
Youth programs. Prior to any youth program being authorized to use
Town-owned facilities for functions participated in by children under
the age of 18 years, all adults 18 years of age or older who manage
or regularly assist in any way in the function or activity, must submit
to a criminal background check through the Town of Belvidere Chief
of Police or his designee. The Police Chief is authorized to exchange
data with and receive criminal history record information from the
State Bureau of Identification in the New Jersey State Police, in
accordance with N.J.S.A. 40:48-1.4.
B.
Fees. The municipality shall bare the cost of any fees associated
with obtaining a background check on volunteers for programs or functions.
C.
Confidentiality. The results of any criminal background check obtained
pursuant to this chapter shall remain confidential and shall not be
disseminated beyond the Chief of Police and the Mayor and Council.
Any individual who has submitted to a criminal background check shall
have the right to review the results of same.
A.
Any individual that refuses to submit to a criminal background check
as required by this chapter shall be barred from utilizing municipal
facilities as a participant with any such youth program.
B.
In the event a criminal background check reveals any prior convictions
for crimes involving children, including all crimes subject to Megan's
Law registration, said individual shall not be qualified to participate
in any capacity whatsoever with any youth program utilizing municipal
facilities.
C.
With respect to a criminal background check that reveals any record of conviction other than as set forth in Subsection B above, the Mayor and Council, in consultation with the Chief of Police, shall determine whether to disqualify an individual associated with the volunteer program in the sound discretion of the Mayor and Council. The Mayor and Council may consider all relevant information, including, but not limited to, the nature and responsibility of the position the individual would assume, the nature and seriousness of the offense and its date, the age of the individual when the offense was committed, whether the offense was isolated or part of a series of convictions, and the individual's record of community service and participation within the Town of Belvidere.
A.
All league officers or other individuals in charge of youth programs
shall submit an annual roster of individuals associated with each
youth program that is subject to this chapter. Each individual identified
by a youth program shall be approved to utilize municipal facilities
on an interim basis subject to receipt and review by the Chief of
Police of a criminal background check. A new criminal background check
shall be required by each such individual every five years. The Chief
of Police shall have the discretion to accept documentation of a passing
background check that is less than five years old in lieu of requiring
a new background check. He shall have the further discretion to require
a new background check at any time if there is reasonable cause to
believe that any individual has been convicted of a crime subsequent
to being processed for and successfully clearing a criminal background
check undertaken pursuant to this chapter.
B.
All persons required to submit to a criminal background check under
this chapter shall, upon successfully clearing the background check,
be issued by the Chief of Police an identification card confirming
their eligibility to volunteer, which said card shall be maintained
in the possession of all volunteers at all times while interacting
with youth at any municipal field or facility.
C.
Any person who has submitted to a criminal background check as part
of another profession, association or activity such as a public school
teacher, scout leader, etc., shall not be required to submit to a
background check under this chapter.
