(A)   This section, adopted by the Town Board of Commissioners, is to provide a policy and procedure for conducting criminal history checks through SBI/DCI on final applicants for employment with the town. This section is adopted pursuant to the authority vested in the town by the General Assembly of the state, in G.S. §§ 160A-11 and 160A-12.
   (B)   In order to protect the citizens of the town, 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 town.
   (C)   Subject to division (C)(3) below, 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.
      (1)   The Town Administrator, or designee, may conduct an investigation of any final candidate for a permanent full- or part-time position with the town, and it shall be precondition of employment that the applicant for the position shall, upon request, provide fingerprints and all other necessary personal identification including a birth certificate, Social Security number and driver’s license, if available, so that the Town Administrator, or designee may cause a thorough search to be made of local and state criminal records to determine if the applicant has a history of criminal convictions or the crimes enumerated above by use of the Division of Criminal Information Network (DCI).
      (2)   The Police Chief for the town shall provide the findings from the use of the DCI to the Town Administrator or designee, provided that all necessary agreements with the State Bureau of Investigation Division of Criminal Information have been executed.
      (3)   An evaluation of any crime for the purposes 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 or the positions applied.
      (4)   Prior to denial or termination of employment based upon criminal history recorded received for the Police Chief shall verify the existence of a record by either obtaining a certificated public record or by submitting a fingerprint card of the individual to the criminal information and identification section for the verification that the CHRI record belongs to the individual.
   (D)   If the ordinance or the application thereof to any circumstance is held invalid, that invalidity shall not affect other provisions 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.
(Ord. passed 7-2-2007)