[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-2012 by Ord. No. 2433-12]
Criminal history background checks for employees and volunteers
involved in recreation programs: The Borough Council of the Borough
of Roselle wishes to ensure that the Borough is providing the safest
possible recreation programs for its youth. N.J.S.A. 15A:3A-1 permits
nonprofit youth-serving organizations to request the State Police
to perform a criminal background check on current and prospective
employees or volunteers, in order to check the criminal histories
of those employees or volunteers who have direct contact with minors,
in order to eliminate those with convictions for certain crimes and
disqualify prospective employees and volunteers who have been convicted
of certain offenses. The Borough Council has determined that all employees
and volunteers of programs sponsored by the Borough of Roselle, or
cosponsored by the Borough in connection with the Department of Community
Services, who have regular, unsupervised access to minors involved
in such programs be required to submit to criminal background checks
at their own expense. The Borough would like all youth programs using
Borough facilities and all programs that are funded or supported by
the Borough, in whole or in part (including but not limited to baseball,
softball, soccer, football, lacrosse, etc.), be required to perform
criminal background checks as a condition of using Borough facilities.
A.
Any nonprofit youth-serving organization, as defined by state law
N.J.S.A. 15A:3A-1, including the Borough of Roselle Department of
Community Services, which operates a youth sports program that received
funding from the Borough or utilizes facilities owned or maintained
by the Borough of Roselle shall require all employees and volunteers
of that organization who have regular, unsupervised contact with minors
to obtain a criminal history background check.
B.
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.
C.
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.
D.
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 five years
has elapsed since the most current background check.
E.
Any person who is employed as a full-time staff member with the Borough of Roselle School District
shall be exempt from the requirements hereunder.
A.
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:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
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.
2C15-1 et seq., such as robbery.
(b)
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.
B.
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.
A.
Each employee or volunteer shall submit his or her application for
a criminal history background check, including fingerprints, to the
Recreation Director of the Department of Community Services. The Department
of Community Services shall coordinate the background checks with
the Borough of Roselle Police Department and the New Jersey State
Police, in accordance with the requirements of N.J.S.A. 15A:3A-1 et
seq.
B.
If the background check disqualifies the individual from employment
or volunteering, he or she shall be so notified by the Borough of
Roselle Police Chief, or the Chief's designee, and such information
shall be kept confidential by the Police Department.
C.
Successful background checks shall be reported to the Borough Business
Administrator, who 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 Business Administrator may share that list with
organizations who would like to know if a prospective employee or
volunteer has passed the background check.
D.
A successful background check remains valid for five years.
E.
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.
A.
Any person whose criminal history background check disqualifies that
person from employment or from volunteering, may appeal his or her
disqualification.
(1)
A person may challenge the accuracy of the criminal history record.
(2)
A person may claim to be rehabilitated.
(3)
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 paragraph (2) of subsection c, N.J.S.A. 2C:13-1;
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. 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 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.
B.
A challenge to the accuracy of the report shall be filed with the
Borough of Roselle Chief of Police, who shall coordinate the challenge
with the New Jersey State Police.
C.
An appeal based on rehabilitation shall be made to an Appeals Committee,
which shall consist of the Recreation Director, the Business Administrator,
the Roselle Chief of Police and the Mayor. Any such appeal must be
made within 30 days of receipt of the notice of disqualification.
D.
In determining whether a person has affirmatively demonstrated rehabilitation,
the Appeals 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.
(8)
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.
E.
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 Business Administrator.
A.
Failure to comply with this article may result in the Borough withholding
funding for the nonprofit youth-serving organization, prohibiting
the use of facilities, or withholding funding for facility maintenance.
B.
In the event that any portion of this article is found to be invalid
for any reason by any court of competent jurisdiction, such judgment
shall be limited in its effect only to that portion of the article
actually adjudged to be invalid, and the remaining portions of this
article shall be deemed severable therefrom and shall not be affected.
