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Public Notice - ORDINANCE AMENDING ORDINANCE 1-1989
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TOWNSHIP OF WEEHAWKEN HUDSON COUNTY, NEW JERSEY AN ORDINANCE AMENDING ORDINANCE #1-1989, CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEEHAWKEN, 1987, ADDING REQUIREMENTS FOR BACKGROUND CHECKS OF EMPLOYEES AND VOLUNTEERS FOR TOWNSHIP SPONSORED YOUTH PROGRAMS O R D I N A N C E # 04 - 2008 WHEREAS, the Township Council of the Township of Weehawken recognizes the need to protect our children by requiring Township Sponsored Youth Programs to obtain criminal background checks of their current and prospective employees and volunteers, NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Weehawken, County of Hudson and State of New Jersey as follows: Section 1. Chapter 3 of the Revised General Ordinances of the Township of Weehawken, 1987, is hereby amended to add a new section requiring Township Sponsored Youth Programs to obtain criminal background checks on their current and prospective employees and volunteers as follows: Section 3-19.1. Definitions. For purposes of this Ordinance, the following words and phrases shall have the meanings set forth below: (a) CRIMINAL HISTORY RECORD BACKGROUND CHECK - a determination of whether a person has a criminal record by cross referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police. b. DEPARTMENT - the Weehawken Police Department. c. REVIEW COMMITTEE - three (3) member committee consisting of the Director of Recreation, the Director of Public Safety and the Township Manager or his designee which is hereby charged with the review and determination of challenges to the completeness or accuracy of the records provided by the State Bureau of Investigation as the result of a criminal history background check, and of any appeals from disqualification hereunder. d. TOWNSHIP SPONSORED YOUTH PROGRAM - any activity provided by one or more persons or by a corporation, association or other organization affiliated with the Township for persons under 18 years of age, including, but not limited to, sports, passive or active recreation, cultural, social, charitable, camping and other trips. Section 3-19.2. Criminal History Background Check Required. a. All Township Sponsored Youth Programs shall request, through the Department, on forms supplied by the Department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the program. The Department shall inform the Weehawken Township Manager whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in section 3-19.3 of this Ordinance. b. Every prospective or current employee and volunteer of a Township sponsored Youth Program shall submit his name, address, fingerprints and written consent to the Department for the criminal history record background check required to be performed by Subsection a. hereof. c. Criminal history background checks shall be requested for each prospective and current employee or volunteer every two years. d. Prospective or current employees and volunteers of Township Sponsored Youth Programs who have complied with Subsection b. hereof may be given an interim approval to provide activities defined in Section 3-19.1d. Such approval shall be valid only for the period of time that it takes to receive the results of the criminal history record background check but in no event for a period exceeding forty-five (45) days. e. The Township of Weehawken shall bear the costs associated with conducting the criminal history background checks. f. All prospective or current employees and volunteers of Township sponsored Youth Programs who have not been disqualified from serving under the terms of this Ordinance shall be issued identification cards by the Township of Weehawken with appropriate expirations based upon the dates of individual background checks. Such persons are required to display the cards whenever providing or participating in activities defined in Section 3-19.1d. Section 3-19.3. Disqualification from service as employee or volunteer. Unless otherwise determined by the Review Committee, a person shall be disqualified from serving as an employee or volunteer of a Township sponsored Youth Program if that person's criminal history record background check reveals a record of conviction of any of the following crimes and 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. 2C:11 1, et seq., N.J.S. 2C:12 1, et seq., N.J.S. 2C:13 1, et seq., N.J.S. 2C:14 1, et seq. or N.J.S. 2C:15 1, et seq.; (2) against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S. 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. 2C:35 10. 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 subsection a of this section. Section 3-19.4. Dissemination. a. The criminal history record information obtained pursuant to this Ordinance shall be used solely for the purpose described in this Ordinance and will not be disseminated to persons for unauthorized purposes. The information and a Notice of Disqualification shall be provided promptly to a person who is subject to disqualification hereunder as a result of the matters revealed in the background check, along with notice of his right to challenge the correctness or completeness of the record and/or to request that he not be disqualified based upon his rehabilitation, pursuant to Section 3-19.5. Such notice shall also advise that those rights must be exercised, if at all, by filing a detailed written challenge or appeal with the Department within 30 days of receiving such notice. In the event such a challenge or appeal is filed, a copy thereof, along with the background information shall be provided promptly to the Review Committee by the Department. If no such challenge or appeal is filed, the information shall be maintained in a secure place in Department headquarters and shall not be available to the public. The results shall be exempt from public disclosure under the common law, the New Jersey Right to Know Law, the New Jersey Open Public Records Act or any similar law now or hereafter in effect. Section 3-19.5. Challenges to Correctness or Completeness of Records; Appeals. a. Any person who receives Notice of Disqualification may request that the Review Committee review the disqualification. The request shall be in writing, delivered to the Department within thirty (30) days of receipt of the Notice of Disqualification and shall include any information to correct or complete the record and/or affirmatively demonstrate rehabilitation in accordance with Subsection b. hereof. The Review Committee may request that the person appear before the Review Committee to present the aforementioned information and to discuss claims of rehabilitation. b. In determining whether a person has affirmatively demonstrated rehabilitation in order to qualify to participate in any Township sponsored Youth Program, the Review Committee may consider the following: 1. Nature and seriousness of the offense or crime; 2. Date of the offense or crime; 3. Age of person when the offense or crime was committed; 4. Whether the offense or crime was a firsttime offense or crime; 5. Evidence of rehabilitation, including but not limited to, good conduct in prison or in the community; counseling or psychiatric treatment; continuing education; successful participation in correctional work-release programs; the written recommendations of those who have had the person under their supervision. 6. Any other evidence of rehabilitation or other relevant matters. c. The Review Committee will not presume guilt for any arrests pending court action or unresolved charges indicated on records received from the State Bureau of Investigation. d. Thereafter, the Review Committee shall determine whether or not the person has adequately demonstrated rehabilitation, or whether the completed or corrected record warrants disqualification hereunder, as appropriate, and it shall promptly notify the Department, the subject person and the Program Director, in writing, of its decision and whether or not the person shall be qualified as an employee or volunteer of a Township sponsored Youth Program. e. Notwithstanding anything in this ordinance that may be construed to the contrary, Section 3-19.5 challenges and appeals shall not be available to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A. 2C:1.3-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.A. 2C:244; luring or enticing pursuant to 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 the 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. Section 2. Inconsistent Ordinances Repealed. All other ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed, to the extent of such inconsistency. Section 3. Severability. If any portion of this ordinance or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be deemed severed from, and shall not impair the validity or enforceability of, the balance of this ordinance. Section 4. Gender and Number. As used in this ordinance, wherever necessary or appropriate, one gender shall be deemed to include and mean either of the other two, and the singular number shall include the plural and vice versa. Section 5. Paragraph Headings. The paragraph headings appearing in this ordinance are inserted only as a matter of convenience and are neither a part of the substantive provisions, nor in any way define, limit or describe the scope or intent of this ordinance. Section 6. Effective date. This ordinance shall take effect upon final adoption and publication according to law. TOWNSHIP OF WEEHAWKEN HUDSON COUNTY, NJ Notice is hereby given that the following proposed ordinance has been introduced on first reading at a meeting of the Township Council of the Township of Weehawken held on February 13,2008 and will be further considered for final passage at a meeting of the Township Council to be held on Wednesday, April 30, 2008 at the Municipal Building, Council Chambers, 400 Park Avenue, Weehawken, New Jersey at 7:00 P.M. Or as soon thereafter as the matter can be reached, at which time and place all persons interested will be given the opportunity to be heard concerning this ordinance. Copies of these Ordinances in full are posted in the Office of the Township Clerk, of the Township of Weehawken, and copies are available up to the time of said meeting to the general public of the Township of Weehawken requesting same. Rola Dahboul Township Clerk 04/22/08 |
Story date: 04/21/08
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