(A) When requested by the city's Cultural and Recreation Services Director, or his or her designee in the Cultural and Recreation Services Division, 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 applied to work as volunteer coaches with children in the youth sports program administered by the city's Cultural and Recreation Services Division. The Asheboro Police Department's access to criminal history information and the sharing of this information with designated personnel in the Cultural and Recreation Services Division, 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 seeking appointment as a volunteer youth sports program coach 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 Cultural and Recreation Services Director, or his or her designee in the Cultural and Recreation Services Division, for evaluation. When evaluating the impact of this information on an individual's suitability to work with children as a volunteer coach, an individualized review of the entirety of the available information shall be undertaken before a final 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 potential volunteer coach's past criminal conduct or pending charges of criminal conduct on the ability of the city to offer a safe, high quality youth sports program in which the broadest possible range of parents and guardians will have confidence.
(C) Prior to making a final decision, which may ultimately be appealed to the City Manager, to prohibit an individual from serving as a volunteer coach because of information found in the criminal history record information obtained pursuant to division (A) of this section, the Cultural and Recreation Services 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 attempting to volunteer as a youth sports program coach. In order to facilitate the verification process, applicants seeking to volunteer as coaches in the youth sports program shall, upon request and as a mandated part of the 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)