Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 10-8-1969 by Ord. No. 628 (Ch. 6, Art. 5, of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 323.
[Amended 2-8-2011 by Ord. No. 11-01]
Pursuant to the provisions of N.J.S.A. 40:12-1 and N.J.S.A. 40:12-1.1, there is hereby established a Board of Recreation Commissioners to consist of seven regular members and two alternate members, all of whom shall be residents of the Borough.
[Amended 2-8-2011 by Ord. No. 11-01]
The Mayor shall appoint all regular members of the Board of Recreation Commissioners in the manner provided by law for the appointment of Borough officers. Alternate members shall be appointed by the governing body.
[Amended 2-8-2011 by Ord. No. 11-01]
A. 
All regular members of the Board of Recreation Commissioners shall be appointed for periods of five years, and until their successors are duly appointed and qualified; provided, however, that in the case of the initial appointment of members of the Commission, the initial terms shall be for periods of one, two, three, four and five years, respectively.
B. 
Vacancies occurring in the regular membership of the Board shall be filled by the Mayor.
C. 
Alternate members shall be designated at the time of the appointment as "Alternate No. 1" and "Alternate No. 2." The length of the terms of the alternate members shall be the same as the length of the terms of the regular members of the Board of Recreation Commissioners. Terms of the alternate members shall be staggered by the appointment of one of the alternates for an initial term that is a year less than a regular term. A vacancy occurring otherwise than by expiration of term shall be filled by the governing body for the unexpired term only.
(1) 
No alternate member shall be permitted to act on any matter in which the alternate has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
(2) 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of the Board of Recreation Commissioners. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
Subject to the general authority of the governing body, the Board of Recreation Commissioners shall have the following powers and duties:
A. 
To supervise and regulate all parks, playgrounds and recreational areas belonging to the Borough and to assume responsibility for the maintenance thereof.
B. 
To establish, supervise and regulate the recreation program to meet the recreational needs of the residents of the Borough.
C. 
To assume administrative responsibility for the bandshell owned by the Borough; to arrange for and supervise all programs relating thereto.
D. 
To promulgate, adopt and approve such rules and regulations as the Board of Recreation Commissioners shall deem necessary to carry out its purposes and objects.
E. 
To recommend to the governing body the appointment of such personnel as may be required to carry out the responsibilities of the Board of Recreation Commissioners.
F. 
To recommend to the governing body a budget for the operation of the Board of Recreation Commissioners for each calendar year.
G. 
Such powers and authority, in addition, as are provided pursuant to N.J.S.A. 40:12-1 through 40:12-19, inclusive,[1] except that the Board of Recreation Commissioners shall not have the authority to acquire lands for public playgrounds and recreation places without the prior authorization of the governing body.
[Amended 11-24-1992 by Ord. No. 92-23]
[1]
Editor's Note: N.J.S.A. 40:12-17 through 40:12-19 were repealed by L. 1997, c. 24, §  12.
The Board of Recreation Commissioners shall have the power to appoint from among its members a Chairman, who shall be the presiding officer, and such additional officers as the Board may desire, whose terms shall expire on December 31 in the year of appointment or who shall serve until their successors are elected and qualified.
[Added 2-26-2008 by Ord. No. 08-2]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 10-9-2018 by Ord. No. 18-27]
CRIMINAL HISTORY BACKGROUND CHECK
A determination as to whether a person has a criminal record by cross-referencing a person's name, date of birth, social security number and/or fingerprints with those on file with the Federal Bureau of Investigation, New Jersey State Police and any other agency maintaining criminal records.
DEPARTMENT
The Paramus Police Department.
RECREATION DEPARTMENT
All programs operated by or under the direction of the Paramus Recreation Commission and having contact with individuals under the age of 18 years.
B. 
Criminal history background checks.
[Amended 10-9-2018 by Ord. No. 18-27]
(1) 
The Borough is hereby authorized to contract for or otherwise implement a process to conduct criminal history background checks with respect to all volunteers, coaches, assistant coaches and/or any other individuals participating in any Borough Recreation Department activity who are over the age of 18 years, which shall include all individuals acting as a volunteer coach, assistant coach, or any other capacity in connection with any Borough Recreation Department activity, or any individual otherwise coming into contact with children in any capacity as a participant in any activity sponsored by or performed under the auspices of the Borough Recreation Department. The criminal history background check shall be performed by such individuals or entity selected by the Borough for purposes of conducting said background check and shall be performed in compliance with state statutes and regulations.
(2) 
Criminal history background checks as provided hereunder shall be conducted on an annual basis. The Borough of Paramus will bear all costs associated with conducting criminal history background checks.
(3) 
No criminal history background check shall be performed unless authorized by consent, in writing, by the individual for whom the criminal history background check is to be made. Refusal by any person to consent to a criminal history background check shall constitute a basis for the immediate disqualification of that individual.
(4) 
A person may be disqualified from participating in any Borough Recreation Department activity as described above if that person's criminal history background check reveals a record of conviction for any of the following crimes or offenses:
(a) 
Any crime or disorderly persons' offense arising under N.J.S.A. 2C:11-1 et seq.; N.J.S.A. 2C:12-1 et seq.; N.J.S.A. 2C:13-1 et seq.; N.J.S.A. 2C:14-1 et seq.; or N.J.S.A. 2C:15-1 et seq.
(b) 
Any crime or disorderly persons' offense against the family, children or incompetents, including those crimes and disorderly persons' offenses set forth in N.J.S.A. 2C:24-1 et seq.
(c) 
Any crime or disorderly persons offense involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(d) 
Any crime or disorderly persons offense 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.
(5) 
The Chief of Police may disqualify any person for any reason that is identified on a criminal history background check, not just those enumerated in the preceding paragraph, and including arrest, if, in the Chief of Police's sole discretion, the Chief of Police determines that the information presents good cause for disqualification after providing the person with an opportunity to explain the information and why it should not disqualify the person from coaching. Where the Chief of Police determines that a person should be disqualified, the Chief of Police shall communicate that determination in writing to the person with a short and plain statement of the reason for disqualification and inform the person that he or she has 20 days to provide a response and explanation as to why the person should not be disqualified. The Chief of Police may conduct interviews and review all necessary documentation to reach a determination on disqualification and shall inform the person of all information and evidence reviewed to reach a determination.
(6) 
All criminal history record background checks shall be performed in compliance with the provisions of N.J.S.A. 15A:3A-1 et seq. The initial determination as to whether a criminal record background check discloses a conviction for a crime or disorderly persons' offense that would disqualify a person from participating in a Borough Recreation Department activity shall be made by the individual or entity authorized by the Borough to perform criminal record background checks. In the event such a determination is made, that determination shall be communicated only to the Borough Administrator.
(7) 
Access to criminal record information secured by the individual or entity performing the criminal history record background check is restricted to said individual or entity and shall only be released to the Borough Administrator or the individual for whom the criminal history record check has been performed.
(8) 
If a criminal record background check results in a determination that a person should be disqualified from participating in a Borough Recreation Department activity, said person may appeal the determination to the Superior Court of New Jersey, Bergen County Vicinage, within 45 days of such final written determination. The Chief of Police's final written determination is binding unless overturned by the Superior Court of New Jersey, Bergen County Vicinage (or such other court of competent jurisdiction). The Board of Recreation Commissions and the Mayor and Council of Paramus shall have no role in the Chief of Police's final written determination.
C. 
Privacy. Any information obtained by the individual or entity authorized by the Borough to perform criminal history background checks shall not be available or disclosed to the public. Any information conveyed to the Borough Administrator or to the Appeal Panel shall be exempt from disclosure pursuant to the New Jersey Right to Know Law and shall be considered privileged and confidential information.
[Added 3-22-2011 by Ord. No. 11-05; amended 8-20-2013 by Ord. No. 13-27]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COACH or COACHES
Any head coach, assistant coach or any other volunteer having contact with participants in the Recreation Department's programs and who has successfully completed the requirements listed in Subsection B, Requirements to participate.
SPORTS ASSOCIATION
An organization independent of the Recreation Commission that exists for the furtherance of a particular sport in Paramus. In order to be recognized as a particular sports' sports association, each prospective sports association shall provide to the Recreation Commission official minutes of the organization listing all officers following the association's election of officers, which shall be held not less than once per year. Recognition of a sports association will expire at the end of each year, and may be approved at the Recreation Commission's annual reorganization meeting, or sooner in the event that a sport does not have a sports association. In the event that there are multiple prospective sports associations for a particular sport, the Recreation Commission, at its sole discretion, will select the sports association.
B. 
Requirements to participate. Any individual wishing to become a coach must successfully complete the following prior to any interaction with children in a Recreation Department program:
(1) 
Intent to coach application. An intent to coach application for each season must be submitted to the Recreation Department. The application is available at the Recreation Office or on the Recreation Department website and must be submitted prior to each season in order for the applicant to be considered for appointment.
(2) 
Rutgers S.A.F.E.T.Y. Program training. Prior to being approved as a volunteer, each applicant shall submit evidence of completion of the Rutgers S.A.F.E.T.Y. Program or equivalent training approved by the Board of Recreation Commissioners.
(3) 
Fingerprint and background check. All applicants shall submit to a criminal history background check as set forth in § 113-6 et seq.
(4) 
Attain the age of 18.
C. 
Nominations for appointments.
(1) 
Head coaches. Any individual meeting the requirements to participate, and who indicates on the intent to coach application that he or she wishes to serve as a head coach, shall be considered nominated for a head coach position.
(2) 
Assistant coaches. Any individual meeting the requirements to participate, and who indicates on the intent to coach application that he or she wishes to serve as an assistant coach, shall be considered nominated for an assistant coach position.
(3) 
The Recreation Department shall establish procedures in order to ensure that only those individuals who have met the requirements to participate are presented to the Recreation Commission for consideration for appointment.
D. 
Appointments.
[Amended 10-9-2018 by Ord. No. 18-27]
(1) 
All coach appointments are approved by the Recreation Commission.
(2) 
Coaching appointments are effective for the current season only.
(3) 
The Recreation Commission reserves the right to require interviews for any coach appointment, even if there is only one nominee for a position.
(4) 
All coaches serve at the pleasure of the Recreation Commission and can be removed at any time for any reason, including conduct unbecoming a coach or representative of Paramus, or for no reason.
(5) 
If multiple nominations are received for a head coach position, interviews with nominated head coaches may be held prior to appointment of the head coach.
(6) 
When appointing a coach as a head coach, the Recreation Commission may consider a sports association's written recommendation on behalf of a particular nominee.
(7) 
When appointing a coach as an assistant coach, the Recreation Commission will permit head coaches to select their assistant coaches. Any selected assistant coach must be approved by the Recreation Commission.
(8) 
The number of assistant coaches will be determined by the head coach, subject to adjustment by the Recreation Commission.
(9) 
Until an appointment has been approved by the Recreation Commission, individuals may not interact with participants in any coaching capacity. This includes, but is not limited to, distribution of equipment and roster information, assignment of fields, practicing, etc.
(10) 
Upon appointment, head coaches and assistant coaches will be listed for each sport on the Recreation Department's website.
E. 
Interviews.
[Amended 10-9-2018 by Ord. No. 18-27]
(1) 
Any interviews will be conducted by the Recreation Commission Committee for the sport, which will make a recommendation to the Recreation Commission.
(2) 
For any interviews, the Recreation Commission Committee Chairperson may invite up to two subject matter experts to participate, none of whom shall be a Recreation Commissioner.
F. 
Removal of coaches.
[Amended 10-9-2018 by Ord. No. 18-27]
(1) 
Where the Recreation Commission determines that a coach should be suspended or removed, the Recreation Commission shall communicate that recommendation to the Borough Administrator and the reason, if any, for the suspension or removal. The Borough Administrator shall make the final determination on suspension or removal, but the Recreation Commission retains all authority to suspend the coach pending final determination of removal; unless otherwise stated, a Recreation Commission recommendation of removal is an automatic suspension of the coach pending final determination of the Borough Administrator. To reach a final determination, the Borough Administrator shall provide the coach with notice of the opportunity for a hearing and the opportunity to respond to the suspension or removal. The hearing shall be held within 30 days of the Recreation Commission's recommendation for suspension or removal, and the Borough Administrator shall render a final written determination within 15 days after the hearing, whenever practicable.
(2) 
The Borough Administrator's final determination of suspension or removal may be appealed to the Superior Court of New Jersey, Bergen County Vicinage, within 45 days of a final written determination (or such other court of competent jurisdiction). The final determination may not be appealed to the Mayor and Council of Paramus.