Law may require checks
of volunteers’ backgrounds
By kathy baratta
Staff Writer

HOWELL — An ordinance requiring fingerprinting and background checks of coaches or any volunteers working in township-sponsored youth activities and organizations is being developed.

The introduction of an ordinance outlining the parameters of the proposal was expected at Monday night’s meeting of the Township Council.

Fingerprinting of all individuals working under the auspices of the township’s programs would be performed by township police for a $36 fee. The actual background check and final determination would come from the New Jersey State Police, who do not release the nature of an individual’s conviction or specific charges but would instead submit an individual as either "recommended" or "not recommended."

Speaking about the proposal at a recent meeting, Councilman George Pettignano said he was in favor of adopting the ordinance when it was first suggested almost two years ago before disappearing from the council’s radar screen.

"I liked it then and I like it now," he said.

Mayor Timothy J. Konopka said, "The matter died because of serious objections from the public" over cost, an appeals process and possible confidentiality issues. The time has come, he agreed, to enact something that will "protect the kids."

Deputy Mayor Kimberly Alvarez said that as the mother of three children she, too, was in favor of mandating the fingerprinting and background checks, but wanted an ordinance that was fine-tuned regarding enforcement and an appeals process.

Alvarez noted that cases of mistaken identity have been known to occur just because an individual who may have committed a crime has the same name as an applicant for a volunteer position who has never been in trouble with law enforcement authorities.

She also noted there would be appeals made for many reasons, including by someone who may have committed a youthful indiscretion that upon closer scrutiny would be decided as worth overlooking if the time was taken to investigate the nature of the conviction.

Howell Director of Parks and Recreation Helene Schlegel, who was making a presentation in support of the ordinance, was accompanied by Tony Richardson, a local Little League administrator.

Schlegel and Richardson told the governing body that although no Howell child had ever reported being molested by a township volunteer, a municipal mandate for background checks was the responsible thing to do if all due diligence were being given to assuring this spotless record.

Immediate disqualifications of applicants from serving as a volunteer include convictions for sexual assault and illegal sexual contact, as well as felony crimes such as robbery and homicide.

"You can rehabilitate a murderer but you can’t rehabilitate a pedophile," Richardson told the mayor and council.

Schlegel said she didn’t find it hard to face a person who had been "not recommended."

"I don’t find that hard at all," she said. "What I would find hard is facing the mother of a child who had been molested."

All members of the governing body were in agreement that any appeals of the state police findings had to be dealt with on their individual merits by the individual sports organization.

According to Schlegel, an applicant who is disqualified would be given access to a full personal disclosure of the basis for his denial and would then have a course of appeal available if he wished to dispute the state police decision.

It was ultimately agreed by the entire council that the township’s responsibility lay in the development and passage of an ordinance mandating background checks. It would be up to the individual sports organizations as to its proper implementation.

It was decided that in the language of the ordinance which was scheduled for introduction at the March 4 meeting of the council, it will be stipulated that the appeals process will be handled by the individual sports organizations who will also develop their own standards and guidelines for appeals and fee fund-raising.

Schlegel also suggested that in developing the ordinance, municipal officials look to include the Howell Board of Education and its employees and volunteers under the ordinance if the school groups are to be allowed to use township facilities.