[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.
A.
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.
B.
The Director of Parks and Recreation shall coordinate
the criminal background checks and schedule the fingerprinting and
photographing through the Township Police Department.
C.
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:
(1)
Provide on-site representative to photograph and fingerprint
all volunteers and/or employees.
(2)
Collect, review for accuracy, and deliver all fingerprint
cards to the New Jersey State Police.
(3)
Notify the Recreation Department of the qualification
of each applicant based upon information received from the New Jersey
State Police.
(4)
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.
(5)
Issue and update rosters of all processed applicants
to the Recreation Department.
(6)
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:
A.
In New Jersey, any crime or disorderly persons offense:
(1)
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;
(2)
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.;
(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 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.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
