(a) In order to protect the citizens of the village, and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for regular full and part time positions in the village government. Employment with the town may be denied for those persons convicted of any crime against a person, or crimes against property where intent is an element, or any drug or gambling related offense.
(b) The village manager, or designee, shall conduct an investigation of any final candidate for a permanent full-time or part-time position with the village government and it shall be a precondition of employment that an applicant for such a position shall upon request, provide fingerprints and all other necessary personal identification including a birth certificate, social security number and drives license, if available, so that the village manager or designee, may cause a thorough search to be made of local sand state criminal records to determine if the applicant has a history of criminal convictions or the crimes enumerated above by the use of the division of criminal information network (DCI).
(c) The department of public safety shall provide the findings from the use of the DCI to the village manager or designee, provided that all necessary agreements with the State Bureau of Investigations Divisions of Criminal Information have been executed.
(d) An evaluation of any crime for purpose of employment will take into account the nature and the circumstances of the offense and the time frame of the offense as it relates to the essential job functions for the position applied.
(e) If this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provision or applications of the ordinance which can be given separate effect and to that end the provisions of this section are declared to be severable.
(f) Prior to denial or termination of employment based upon criminal history record inquiry (CHRI) received from the criminal justice agency, the department of public safety shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the CIIS section for verification that the CHRI record belongs to the individual.
(g) Any ordinance or any part of an ordinance in conflict with this section, to the extent of such conflict, is hereby repealed.
(h) This section is adopted in the interest of the public health, safety and general welfare of the inhabitants of the village pursuant to G.S. 160A et seq., and shall be in full force and effect from and after its adoption.
(Ord. No. 2006-1201, 12-15-2006; Ord. No. 2013-0501, 5-17-2013)
Editors Note: No. 2006-1201, adopted Dec. 15, 2006, did not specifically amend the Code. Hence, inclusion as § 2-61 was at the discretion of the editor.