§ 34.18 BACKGROUND CHECK POLICY.
   (A)   Purpose. The purpose of this policy is to require background checks on all Recreation Department employees and volunteer coaches in order to preserve the safety and well being of children served by the Recreation Department. Youth organizations that utilize Recreation Department facilities shall not permit individuals to work with children if they have demonstrated past conduct incompatible with services to our care of children.
   (B)   Implementation.
      (1)   The Recreation Department shall review individuals' employment/volunteer opportunities if they violate this policy. Violators may be barred from continued or future participation as volunteers in connection with any Recreation Department activities, and employees shall be subject to the disciplinary provisions applicable to village employees as set forth in the Code of Ordinances or as set forth in the applicable collective bargaining agreement.
      (2)   All organizations that sponsor or are in any way connected with youth activities desiring to use Recreation Department facilities shall submit releases authorizing the conduct of criminal background checks to the Recreation Department covering those adult participants or volunteers of such organizations specified below prior to utilizing facilities. Failure to submit a full and complete set of such releases to the Recreation Department will require the Recreation Department to revoke any and all facility usage agreements or to bar such organizations from using the facilities. All such usage agreements shall be deemed to incorporate this policy as if fully set forth therein. All organizations and their employees or volunteers must provide truthful and complete information on the release. In addition, all employment applicants for positions with the Recreation Department shall likewise be required to complete and submit a background check release form as a condition of the consideration of their applications by the Recreation Department.
      (3)   The Recreation Department, in cooperation with the Police Department, shall process all such background check releases for potential employees/volunteers to the Illinois State Police (Information and Technology Command Bureau of Identification) prior to offering any position to an employment applicant, or prior to allowing any organization or volunteer or employee thereof to utilize Recreation Department facilities. The release is to be used for and submitted by:
         (a)   All Recreation Department staff (part time and full time).
         (b)   All employees of organizations seeking to use Recreation Department facilities in connection with youth activities or programs.
         (c)   All volunteer head coaches or other volunteers having principal supervisory responsibility for an organization seeking to use Recreation Department facilities in connection with youth activities or programs.
         (d)   All volunteer committee and commission members of organizations seeking to use Recreation Department facilities in connection with youth activities or programs.
      (4)   After obtaining the background check information from the Illinois State Police, the Police Department or other law enforcement agency having jurisdiction, Division Heads will review the results of the check to determine whether the subject thereof is eligible for employment with or to participate as a volunteer in programs conducted upon Recreation Department facilities.
   (C)   Barrier crimes. No individuals shall be permitted to participate in or be employed at the Recreation Department if the results of the background check show that the person has ever been convicted of any of the following crimes, which shall hereinafter sometimes be referred to as "barrier crimes":
      (1)   Any offense defined and prohibited by Article 9 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 9-1 et seq.;
      (2)   Any offense defined and prohibited by Article 10 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 10-1 et seq.;
      (3)   Any offense defined and prohibited by Article 11 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 11-7 et seq.;
      (4)   Any offense defined and prohibited by Article 12 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 12-1 et seq.;
      (5)   Any offense defined and prohibited by the Criminal Code of 1961, ILCS 720, Act 5, §§ 1-1 et seq. as a "Class X felony";
      (6)   Any offense defined and prohibited by the Illinois Controlled Substances Act, ILCS 720, Act 570, §§ 100 et seq.;
      (7)   Any offense defined and prohibited by the Cannabis Control Act, ILCS 720, Act 550, §§ 1 et seq., excluding convictions of §§ 4(a), 4(b) and 5(a) of such Act, where the convictions are for the first such misdemeanor or felony offense committed by the individual in question;
      (8)   Any offense defined and prohibited by Article 18 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 18-1 et seq.;
      (9)   Any offense defined and prohibited by Article 19 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 19-1 et seq.;
      (10)   Any offense defined and prohibited by Article 20 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 20-1 et seq.;
      (11)   Any offense defined and prohibited by Article 20.5 of the Criminal Code of 1961, ILCS 720, Act 5, §§ 20.5-6.
   (D)   All other crimes. All pending charges for barrier crimes and convictions for other crimes revealed through the background check shall be reviewed on a case by case basis to determine if the individual poses a safety risk to children involved in the program.
   (E)   Confidentiality. All persons receiving background information regarding an individual shall maintain the confidentiality of such information in accordance with applicable law.
   (F)   Administration. The Director of the Recreation Department shall have the responsibility for administering and overseeing the implementation of this policy, and to prescribe the form and content of all forms and documents required from time to time in connection therewith.
(Ord. 0032-03, passed 4-16-03)