Sec. 2-45 Criminal history check
   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 government. Subject to subsection (3) of this section, 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, of any drug or gambling related offense.
      (1)   The town manager, or designee, may conduct an investigation of any final candidate for a permanent full-time or part-time position with the town 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 drivers license, if available, so that the town manager, or designee may cause a thorough search to be made of local and state criminal convictions or the crimes enumerated above by use of the division of criminal information network (DCI).
      (2)   The town police department shall provide the findings from the use of the DCI results to the town manager, 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 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 position applied.
      (4)   Prior to denial or termination of employment based upon criminal history record information (CHRI) received from the town police department, the town manager, or designee shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the applicant to the criminal information and identification section for verification that the CHRI record belongs to the applicant.
      (5)   If any criminal history check reveals a prior record, the applicable clerk of court shall be contacted to obtain the record. The town shall pay the applicable party the cost of obtaining a criminal history record check.
      (6)   All parties handling the sensitive information described herein shall comply with North Carolina State Law, particularly G.S. 160A-168 all state laws, rules, regulations, and the Town of Surf City Code of Ordinances as they relate to the confidential handling of criminal record checks.
(Ord. No. 2007-43, 10-2-07)