(A) When requested by the city's Human Resources Director, or his or her designee in the Human Resources Department, the Asheboro Police Department is authorized to seek access to the North Carolina State Bureau of Investigation/Division of Criminal Information Network (SBI/DCIN) Criminal History Record Information in order to obtain a North Carolina state only background check on all persons who have received conditional offers of full-time, part-time, or seasonal employment with the City of Asheboro. The Asheboro Police Department's access to criminal history information and the sharing of this information with designated personnel in the Human Resources Department, and ultimately the City Manager, shall be governed by the access agreement prescribed by the SBI/DCIN and entered into by the city.
(B) When an inquiry of SBI/DCIN Criminal History Record Information conducted in accordance with division (A) of this section indicates that an individual has one or more pending criminal charges and/or has been convicted of or accepted responsibility for one or more felonious or misdemeanor criminal offenses, such information shall be forwarded to the Human Resources Director, or his or her designee, for evaluation. When evaluating the impact of this information on an individual's potential employment with the city, an individualized review of the entirety of the available information shall be undertaken before a final employment decision is made. At a minimum, this review will take into account the type of crime(s) of which the individual has been charged or was convicted/accepted responsibility, the frequency of violations and/or any pattern of offenses, the time that has elapsed since the date(s) of any conviction(s)/ disposition(s), the applicant's age at the time of any conviction(s)/disposition(s), and the impact, if any, of the past criminal conduct or pending charges of criminal conduct on the ability of the applicant to perform the essential job functions of the position for which he or she has applied in a manner consistent with the maintenance of the public trust and confidence that is essential to the city's effective delivery of municipal services.
(C) Prior to seeking final approval from the city manager to act on the basis of criminal history record information obtained pursuant to the authorization found in division (A) of this section, the Human Resources Director, or his or her designee, shall verify the existence of a record by obtaining either a certified public record or by submitting a fingerprint card of the individual to the Criminal Information and Identification Section of the SBI for verification that the criminal history record information belongs to the individual that is subject to a pending personnel decision. In order to facilitate the verification process, applicants for employment with the city shall, upon request and as part of the mandated application process, provide all of the identification information necessary to confirm that the criminal history information does in fact pertain to the applicant. The requested identification information may include, but is not limited to, the applicant's full name, documents such as a birth certificate or driver's license, and/or a completed applicant fingerprint card.
(D) The provisions of this section shall not be construed or interpreted in any manner that lessens or to any degree restricts the authority of the Asheboro Police Department, independent of this section, to access SBI/DCIN Criminal History Record Information as a criminal justice agency.
(Ord. 37 ORD 12-12, passed 12-6-12)