BY TALI ISRAELI
Staff Writer
Criminal background checks may be required for Marlboro Recreation Department volunteers and employees.
In an effort to ensure the safety of youngsters, the Township Council introduced an ordinance on April 6 that, if adopted, would require certain volunteers and employees of the Marlboro Recreation Commission to submit to a criminal history background check.
The participants would include all coaches, assistant coaches and seasonal employees with direct unsupervised access to minors. These individuals would be required to undergo a background check every three years during their service to the recreation department.
The ordinance is scheduled for a public hearing and possible vote for adoption on April 20. If adopted, township officials expect the law to go into effect for the fall sports season.
According to the law, the Marlboro Recreation Commission will cover the costs of conducting the criminal background checks through fees paid by participants of the Marlboro youth programs.
The disqualification criteria for an individual providing services to the recreation department includes a conviction of the following crimes or disorderly offenses:
+ A crime involving danger to a person including criminal homicide, assault, reckless endangering, threats, sexual offenses, or kidnapping;
+ A crime against a family, children or incompetents;
+ A crime involving theft;
+ A crime involving any controlled dangerous substances;
+ Crimes in any other state, that if conducted in New Jersey, would constitute any of the crimes or disorderly offenses described in the above crimes.
If an individual is disqualified for any reason, the superintendent of the recreation commission will notify the current or prospective employee or volunteer in writing. That individual may file an appeal within 10 days of receipt of the written notice.
According to the proposed law, a review committee consisting of no more than six members will review the appeals filed. The members of the committee will include the superintendent of the recreation commission, the chairperson of the recreation commission, the mayor or his designee and two or three volunteers.
The ordinance states that the grounds for appeal include:
+ The background check produced inaccurate or incomplete information;
+ The age of the individual at the time of the offense, crime or conviction;
+ The nature and circumstances underlying the conviction indicate that the individual does not presently pose a threat;
+ The conviction arose out of an isolated incident;
+ Since the conviction, the individual has taken significant steps toward rehabilitation, including counseling, treatment, schooling, vocational training and successful completion of a court ordered program;
+ An individual with supervisory responsibilities over the appealing party gives a recommendation on his behalf.
Within three days of the hearing, the committee will review the appeal and come to a decision. The superintendent of the recreation commission will notify the individual of the decision within five days.
At the April 6 council meeting, Councilman Joseph Pernice said he believes background checks are necessary. He said municipal officials need to do their due diligence to ensure that the coaches and employees who work with children can be trusted.
Pernice said this ordinance was drafted with careful consideration for what type of checks would be conducted, who would conduct the checks, what criteria would be grounds for disqualification or appeals, and what the process would cost.
Township Attorney Andrew Bayer noted that the ordinance was patterned after a law that has already been adopted in Manalapan and after state statute regulations for nonprofit organizations involving youngsters.
According to Business Administrator Judith Tiernan, the cost to participants of the Marlboro youth programs would most likely be a few dollars per child.
Council President Patti Morelli said she believes requiring background checks would act as a deterrent for those individuals who would not want their history known to the public; therefore, she said it would provide a greater protection to the township’s youth.