§ 31.04 SBI DIVISION OF CRIMINAL INFORMATION SYSTEM.
   (A)   Applicants for appointment shall be selected on the basis of job-related qualification standards, ensuring equal employment opportunity for qualified applicants.
   (B)   Candidates for positions may be required to drive either a city-owned or personally-owned vehicle in the course of employment.
   (C)   In order to protect the citizens of the city 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. Subject to division (D)(3) of this section, employment with the city 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.
   (D)   The procedures for use of the State Bureau of Investigation's Division of Criminal Information system in this chapter are as follows:
      (1)   The Human Resources Director, or designee, shall conduct an investigation of any final candidate for a city position. It shall be a precondition of employment that an applicant for a position shall, upon request, provide fingerprints and all other necessary personal identification including a birth certificate and social security number so that the Chief of Police, or designee, may cause a thorough search to be made of state criminal records to determine if the applicant has been convicted of a crime.
      (2)   The Chief of Police, or designee, shall provide the findings made by use of the Division of Criminal Information (DCI) records to the Human Resources Director, or designee, according to the fully-executed Access Agreement on file with the State Bureau of Investigation's Division of Criminal Information.
      (3)   An evaluation of a criminal conviction for purposes of employment will take into account the nature, circumstances, and length of time since the offense as they relate to the essential job functions for the position.
      (4)   No action to deny employment will be taken until the Chief of Police, or designee, confirms the identity of the applicant by a match of the applicant's fingerprints to the State Bureau of Investigation or a certified true copy of the public record document is retrieved.
(Ord. 2016-O22, passed 11-15-16)
Statutory reference:
   Authorizes municipal governments to establish personnel rules by ordinance or policy, G.S. § 160A-164.