[HISTORY: Adopted by the Township Council
of the Township of Byram 9-5-2006 by Ord. No. 19-2006. Amendments noted
where applicable.]
GENERAL REFERENCES
Massage, bodywork and somatic therapy establishments — See Ch. 264.
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/or fingerprints with those
on file with the Federal Bureau of Investigation, Identification Division,
and/or the State Bureau of Identification of the New Jersey State
Police.
Township provision of funding or facilities, including maintenance
of facilities.
A three member committee consisting of one member selected
by the Recreation Committee, one member selected by the Chief of Police
and one member selected by the Township Manager. The committee shall
be charged with the review of all appeals from any employee or volunteer
whose criminal history background check reveals a disqualifying conviction.
[Amended 8-14-2012 by Ord. No. 8-2012]
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Byram Township-sponsored or cosponsored
sports program, league or other program who has regular unsupervised
direct access to minors as a result of his or her involvement with
the organization.
A corporation, association or other organization, including
those with nonprofit status and which provides recreational, cultural,
charitable, or other activities or services for persons younger than
18 years of age, in connection with Byram Township-sponsored or cosponsored
programs, using Byram Township facilities or facilities maintained
by the Township.
[Amended 8-14-2012 by Ord. No. 8-2012]
A.
The Township of Byram requires that all employees
and volunteers of a nonprofit youth-serving organization request through
the state-approved background check vendor that the Federal Bureau
of Investigation, Identification Division and/or the State Bureau
of Identification in the Division of State Police conduct a criminal
history record background check on each prospective and current employee
or volunteer of the organization. There shall be a thirty-day grace
period for each new employee or volunteer of the youth-serving organization
to make application for this criminal history record background check.
All employees and volunteers for youth-serving organizations must
have their fingerprinting and applications completed by the end of
the thirty-day grace period.
[Amended 8-14-2012 by Ord. No. 8-2012]
B.
The Township shall conduct a criminal history record
background check only upon receipt of written consent for the check
from the prospective or current person with direct unsupervised access
to minors. Individuals setting up their own appointments for the fingerprinting
process shall be deemed to have provided consent.
[Amended 8-14-2012 by Ord. No. 8-2012]
C.
The Division of State Police shall inform the Byram Township Parks and Recreation Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 116-3 of this chapter. Any information received by the Byram Township Parks and Recreation Department shall be confidential.
D.
Any person who, by virtue of his or her occupation,
is required by statute to undergo 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 requirement hereunder until three years
have elapsed since the most current background check.
E.
The organization shall bear the costs associated with
conducting a criminal history record background check for its members
in accordance with the fees established by the State Bureau of Identification
in the Division of State Police and in accordance with N.J.S.A. 15A:3A-2,
Subsection d.
F.
The Township shall bear the costs associated with
conducting the criminal history record background checks for employees.
A person may be disqualified from serving as
an employee or volunteer of a nonprofit youth-serving organization
if that person's criminal history record background check reveals
a record of conviction of any of the following crimes and offenses:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
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, 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.
(2)
Against 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.
(3)
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes;
(4)
Involving any controlled dangerous substance or controlled
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.
B.
In any other state or jurisdiction, conduct which,
if committed in New Jersey, would constitute any of the crimes or
disorderly persons described in this section.
A.
Prospective or current employees or volunteers of
nonprofit youth-serving recreation organizations shall submit their
names, addresses, and written consent to the organization for the
criminal history record background check to be performed. The organization
shall submit this documentation to the Recreation Director or his/her
designee who, in coordination with the president or head of the organization,
shall coordinate the fingerprinting process for the background check
and refer the information to the State Police and the FBI for the
initial check.
[Amended 8-14-2012 by Ord. No. 8-2012]
B.
The Byram Township Parks and Recreation Department
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 chapter.
C.
The Township may, in its discretion, engage the services
of a third party independent agency to conduct the criminal history
record background checks authorized under this chapter.
D.
The Recreation Director or his/her designee and the
president or head of the organization shall coordinate a criminal
history record background check every five years after the initial
check.
[Amended 8-14-2012 by Ord. No. 8-2012]
A.
Access to criminal history record information for
non-criminal-justice purposes, including licensing and employment,
is restricted to the Director of the Department of Parks and Recreation
and any member of the Review Committee pursuant to this chapter 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 chapter.
B.
The Director of Recreation and any member of the Review
Committee pursuant to this chapter shall limit their use of criminal
history record information. The information 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. Any person violating
federal or state regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
A.
If this criminal history record may disqualify an
employee or volunteer for any purpose, the Review Committee's determination
shall provide the employee or volunteer with an opportunity to complete
a challenge to the accuracy of the information contained in the criminal
history record. The employee or volunteer shall be afforded a reasonable
period of time to correct and complete this record. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record.
B.
The New Jersey State Police shall make the initial recommendation, based solely on the New Jersey State Statutes, to the Director of Recreation, who shall provide the information to the Review Committee. He/She shall advise the Review Committee whether or not the volunteer is being recommended. The Director of Recreation will receive a preprinted form on each individual submitted to the State Police for a background check. One form will be for recommendation and the other will be for rejection. If there is a rejection, the Review Committee may still allow the employee or volunteer to participate. The New Jersey State Police will make a recommendation based on the record only. It is within the Review Committee's discretion to overturn the decision of New Jersey State Police recommendation pursuant to Subsection E(1) through (8) below.
C.
The Review Committee shall be as follows:
(1)
One member of the Criminal History Record Background
Check Review Committee shall be selected by the Police Chief of the
Township of Byram.
(2)
One member of the Criminal History Record Background
Check Review Committee shall be selected by the Byram Township Manager.
(3)
One member of the Criminal History Record Background
Check Review Committee shall be selected by the Recreation Committee.
[Amended 8-14-2012 by Ord. No. 8-2012]
D.
The Review Committee shall promptly notify a prospective
or current employee or volunteer whose criminal history background
check reveals a disqualifying conviction. The person shall have 30
days from the receipt of that notice to petition the Review Committee
for a review and cite reasons substantiating the review.
E.
Notwithstanding the provision of Subsection D above, no person shall be disqualified from serving as an employee or volunteer of a youth-serving organization on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
(1)
The nature and responsibility of the position which
the convicted person would hold or has held, as the case may be;
(2)
The nature and seriousness of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person when the offense was committed;
(6)
Whether the offense was an isolated or repeated incident;
(7)
Any social conditions which may have contributed to
the offense; and
(8)
Any 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.
F.
The Review Committee shall promptly advise the organization
in writing if a current or prospective employee or volunteer whose
criminal history record background check reveals a disqualifying offense
has affirmatively demonstrated rehabilitation under this section.
G.
This section shall not apply to persons who have been
convicted, adjudicated delinquent or acquitted by reason of insanity
of aggravated sexual assault; sexual assault; aggravated criminal
sexual contact; kidnapping pursuant to Paragraph (2) of Subsection
c. of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging
in sexual conduct which would impair or debauch the morals of the
child pursuant to Subsection a. of N.J.S.A. 2C:24-4; endangering the
welfare of a child pursuant to Paragraph (4) of Subsection b. of N.J.S.A.
2C:24-4; luring or enticing pursuant to Section (1) of P.L. 2993,
c. 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A.
2C:14-3b, if a 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 Paragraph
(3) or Paragraph (4) of Subsection b. of N.J.S.A. 2C:34-1; or an attempt
to commit any of these enumerated offenses.
H.
When the Review Committee receives written notification
from the Parks and Recreation Department stating whether the criminal
history record background check of a current or prospective employee
or volunteer performed pursuant to the provision of N.J.S.A. 15A:3A-4
reveals a disqualifying offense or states that the person has affirmatively
demonstrated rehabilitation under this section, the Review Committee
may file that written notification with the Parks and Recreation Department.
I.
The Parks and Recreation Department shall keep the
written notification on file for a minimum of five years from the
date it was issued.
[Amended 8-14-2012 by Ord. No. 8-2012]
J.
The Review Committee may request the Parks and Recreation Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective employee or volunteer revealed a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this section. A current or prospective employee or volunteer shall not be required to submit to another criminal history record background check if such written notification was issued within the past three years. A current or prospective employee or volunteer who has been convicted of an offense previously listed in § 116-3 after submitting to a criminal background check may be required to reapply for his/her position and go through the criminal background check process prior to the five-year period.
[Amended 8-14-2012 by Ord. No. 8-2012]
K.
No person or entity shall be held liable in any civil
or criminal action brought by any party based on any written notification
on file with the Parks and Recreation Department pursuant to the provisions
of this chapter.
Failure to comply with this chapter may result
in the Township withholding funding for the program or league, prohibiting
the use of facilities and/or prohibiting the use of facility maintenance.
