[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-2007 by Ord. No. 46-2007]
As used in this article, the following terms shall have the meanings indicated:
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- 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 (SI) Division, and/or the State Bureau of Identification of the New Jersey State Police.
- CURRENT AND PROSPECTIVE EMPLOYEES OR VOLUNTEERS
- A person who is or intends to be employed by and/or volunteers to participate on behalf of a nonprofit youth organization.
- NONPROFIT YOUTH ORGANIZATION
- A nonprofit youth organization or program, excluding public and nonpublic schools, involving minors under 18 years of age that provides recreational, cultural, charitable, social or other activities or services that are endorsed or sponsored by the Township, receives funding from the Township or utilizes Township-owned facilities or parks.
[Amended 2-13-2013 by Ord. No. 2-2013]
Every current and prospective employee or volunteer of a nonprofit youth organization or activities shall submit to a criminal history background check upon request by the Director of Parks and Recreation. Each current and prospective employee or volunteer shall provide his or her written consent to the check in order to be permitted to participate in nonprofit youth organization or activities as defined herein. The criminal background check must be completed once every five years by a current employee or volunteer of a nonprofit youth organization.
The costs of the criminal history record background check are to be equally borne by the Township and the employee or volunteer seeking to participate on behalf of a nonprofit youth organization or program.
All Township-endorsed, sponsored, or supported youth organizations, programs or activities shall submit a list of names, addresses and a written consent form from all prospective and current employees and volunteers to the Director of Parks and Recreation of the Township of Egg Harbor.
The Director of Parks and Recreation shall coordinate the criminal background checks and schedule the fingerprinting and photographing through the Township Police Department.
The Township will engage the services of a third-party independent agency to conduct the criminal history record background checks authorized under this article to provide the following services:
Provide on-site representative to photograph and fingerprint all volunteers and/or employees.
Collect, review for accuracy, and deliver all fingerprint cards to the New Jersey State Police.
Notify the Recreation Department of the qualification of each applicant based upon information received from the New Jersey State Police.
Issue photograph identification cards for all volunteers and/or employees who have successfully passed the background record check through the Department of Parks and Recreation to the applicant.
Issue and update rosters of all processed applicants to the Recreation Department.
Secure and maintain at all times during the term of this contract general public liability insurance with a minimum limit of liability of $1,000,000, and workers' compensation, with coverages in amounts as required by New Jersey statutes. The agency shall provide the Township of Egg Harbor with a certificate of insurance evidencing the above coverage and limits of liability and provide a minimum of 10 days' advance written notice prior to any cancellation or alteration of any of the policies referred to in the certificate.
A person may be disqualified from serving as an employee or volunteer of an organization, program or activity if that person's criminal history record background check reveals a record of conviction of any of the following crimes or disorderly persons offenses:
In New Jersey, any crime or disorderly persons offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11, Homicide, N.J.S.A. 2C:12, Assault; Endangering; Threats, N.J.S.A. 2C:13, Kidnapping, N.J.S.A. 2C:14, Sexual Offenses, or N.J.S.A. 2C:15, 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.;
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 Paragraph (4) of Subsection a of N.J.S.A. 2C: 35-10, possession of 50 grams or less of marijuana.
If a person is determined to be disqualified from serving as an employee or volunteer of an organization, program or activity because the criminal history record background check reveals a record of conviction as listed above:
A copy of the notification of disqualification will be sent directly from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of State Police, or the third-party agency, to the applicant, the third-party provider, and the Director of Parks and Recreation and the Recreation Department.
No entity within the process will be privy to specific contents of the applicant's criminal background other than the applicant. The applicant may obtain a copy of the criminal history record directly from the New Jersey State Police.
In order to monitor and supervise the enforcement of this article as well as hear appeals, a Youth Protection Program Appeal Panel shall be established whose composition shall be the Chief of Police, Township Administrator, and the Director of Parks and Recreation, or their designated representatives, who shall serve without compensation.
All current and prospective employees or volunteers may appeal the disqualification determination by filling a written notice of appeal with the Director of Parks and Recreation.
All appeal requests shall proceed in a hearing no later than 45 days after receiving the notice of appeal before the Youth Protection Program Appeal Panel and a determination made no later than 20 days thereafter.
At the hearing the employee or volunteer shall have the right to appear and be heard, to be represented by an attorney, present witnesses in his or her own behalf, cross-examine opposing witnesses and have a permanent record made of the proceedings at his or her own expense.
The Youth Protection Program Appeal Panel may overturn a disqualification determination if the employee or volunteer is able to demonstrate by clear and convincing evidence that they have been sufficiently rehabilitated so as to make them eligible to serve the organization.