[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:
A determination of whether a person has a criminal record
by cross-referencing that person's name, social security number, address
trace and date of birth with those on file with national, state, and
county registries. Background check vendors will search two national
criminal databases and national sex offender registries, then also
perform a local jurisdiction criminal record check in the jurisdiction
or jurisdictions associated with the address history found with the
social security number and address trace.
[Amended 6-14-2023 by Ord. No. 18-2023]
A person who is or intends to be employed by and/or volunteers
to participate on behalf of a 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; 6-14-2023 by Ord. No. 18-2023]
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 consent to the check in order to be permitted
to participate in nonprofit youth organizations or activities as defined
herein. The criminal background check must be completed once every
three years by a current employee or volunteer of a nonprofit youth
organization.
[Amended 6-14-2023 by Ord. No. 18-2023]
The costs of the criminal history record background
check are to be borne by the applicant. The sponsored youth sports
organization and Parks and Recreation Department may establish its
own rules and procedures on whether or not applicants are reimbursed
for their background check in full or in part.
[Amended 6-14-2023 by Ord. No. 18-2023]
A.
All Township-endorsed, -sponsored, or -supported youth
organizations, programs or activities shall submit a list of names
and addresses of 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 oversee
the criminal background checks process and post and update the database
of approved volunteers for the Township.
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)
Perform the background check screen process as described
and notify the Recreation Department of the qualification of each
applicant based upon information received from the National Center
for Safety Initiatives.
(2)
Issue and update rosters of all processed applicants
to the Recreation Department.
(3)
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.
[Amended 6-14-2023 by Ord. No. 18-2023]
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 third-party agency to the applicant, and
the Director of Parks and Recreation and the Recreation Department
via email.
B.
No entity within the process will be privy to specific
contents of the applicant's criminal background other than the applicant
and Parks and Recreation Director. The applicant may obtain a copy
of the criminal history record directly from the background check
vendor.
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.
