(A) In order to protect the citizens of Lincoln County and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for paid or volunteer Fire Department positions. Subject to division (F) herein, employment with the paid/ volunteer Fire Department services may be denied for those persons convicted of any crime against a person, or crime against property where intent is an element, or any drug or gambling related offense.
(B) The county, either in its own stead or by and through any of its agencies, may conduct an investigation of any final candidate for a paid/volunteer Fire Department position 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 certification, social security number and driver's license, if available, so that the Fire Marshal may cause a thorough search to be made of local, state criminal records to determine if the applicant has a history of criminal convictions or crimes by the use of the Division of Criminal Information Network (DCI). The county, either in its own stead or by and through any of its agencies, may conduct an investigation of any Fire Department paid employee or volunteer if required by funding or certifying agencies, or if cause is suspected.
(C) All applicants for any position described above must fill out an Authorization and Release Criminal History Report form and have it notarized in order for the requesting agency to allow the Lincoln County Fire Marshal's Office to request the criminal history check to be done.
(D) The Lincoln County Communications Director, or designee, shall provide the findings from the use of the DCI to the Fire Marshal provided that all necessary agreements with the State Bureau of Investigations Division of Criminal Information has been executed. A copy of the DCI Servicing Agreement between Lincoln County Communication Center and Lincoln County Fire Marshal's Office is attached to Ordinance passed 12-3-2012 and incorporated by reference as if fully set forth herein.
(E) 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 or position for which the applicant applied.
(F) Disqualifiers for new firefighter. The following enumerated items, though not exclusive, shall be considered just cause for disqualifying an applicant or denying an applicant the position for which said applicant applied:
(1) A conviction of or admission to any of the crimes as defined in Attachment 4 to Ordinance passed December 3, 2012 which Attachment is incorporated by reference as if fully set forth herein;
(2) Use of marijuana within 36 months of the date of application;
(3) Use of other illegal or illicit drugs within five years of the date of application;
(4) Admission or conviction of perjury;
(5) No current North Carolina driver's license or driver's license currently suspended, canceled, revoked, or with modified driving privileges at the time of the application;
(6) Not a high school graduate or lacks a North Carolina General Equivalency Degree (GED);
(7) Not a citizen of the United States of America;
(8) Failure of the Department's qualifying physical requirements;
(9) A DUI conviction within the past five years from the date of application;
(10) If a current domestic violence or personal restraining or protection order, ordering the applicant to not contact another individual, is in effect, the processing of the application will be suspended until the order is no longer in effect. The applicant is responsible for advising the Fire Department Agency when the order is no longer in effect;
(11) If any major traffic violation charges or any criminal charges are pending, the processing of the application will be suspended until final disposition of the charge(s). The applicant is responsible for advising the Fire Department Agency when the order is no longer in effect;
(12) The above list is not all-inclusive and does not constitute a complete and total listing of disqualifiers but is listed for illustrative purposes only.
(G) Prior to denial or termination of employment based upon criminal history record information (CHRI) received from Lincoln County Communication Director or designee, the Fire Marshal or designee 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 Criminal Information and Identification Section for verification that the CHRI record belongs to the individual.
(H) If there is any cost involved in attaining the information either through the background check(s) or fingerprint card check(s) the applicant shall be responsible for paying the cost and shall pay for services before they are performed.
(I) An access agreement called State Bureau of Investigation Special Operations Division Non-criminal Justice Access Agreement shall be signed by the Lincoln County designee(s), Lincoln County Fire Marshal, the Lincoln County Communications Director.
(Ord. passed 11-19-2012; Ord. passed 12-3-2012)