In order to protect the citizens of the City of Marion and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks, as authorized by sections 143B-945, 160A-11 and 160A-12 of the North Carolina General Statutes, in evaluating certain applications, including, but not limited to: all final applicants for full-time, part-time and temporary employment with the City of Marion; as well as select volunteers as determined by the City Manager. Subject to subsection (c) of this section, employment with the City maybe 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.
(a) The City Manager, or designee, may direct the Police Chief, or designee, to conduct a criminal investigation of any final candidate for employment with the City, including, but not limited to: full-time, part- time and temporary positions, as well as select volunteers as determined by the City Manager, 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 driver's license, if available, so that the City Manager, 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).
(b) The Police Chief, or designee, shall provide the findings to the City Manager, or designee, from the use of the DCI, provided that all necessary agreements with the State Bureau of Investigations Division of Criminal Information have been executed.
(c) 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 of the position applied.
(d) Prior to denial or termination of employment based upon criminal history record information (CHRI) received from the Police Chief, or designee, the existence of a record shall be verified 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.
(Ord. No. O-21-06-15-11, §1, 6-15-21)