Ordinance - 9/07 - Criminal History Check Ordinance

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County of Lee Criminal History Check Ordinance BE IT ORDAINED by the Board of Commissioners of the County of Lee: This Ordinance adopted by the Lee County Board of Commissioners is to provide a policy and procedures for conducting criminal history checks through SBI /DCI on final applicants for employment with Lee County. This ordinance is adopted pursuant to the authority vested in Lee County by the General Assembly of the State of North Carolina in Sections 153A -11 and 153A -12 of the North Carolina General Statutes. 1. In order to protect the citizens of Lee County and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for any position, regular or part-time in the operations of county government. Subject to Division (C) of this section, employment with the county 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 (A) The County Manager or Human Resources Director, may conduct an investigation of any final candidate for a permanent full -time or part-time position with the county government and it shall be a precondition of employment that an applicant for such a position, upon request, provide fingerprints and all other necessary personal identification including a birth certificate, social security number and drivers license, if available, so the County Manager or Human Resources Director 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 Lee County Sheriffs Office shall provide the findings from the use of the DCI to the County Manager or Human Resources Director, provided all necessary agreements with the State Bureau of Investigations Division of Criminal Information have been executed. (C) 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 the position applied for. (D) Prior to denial or termination of employment based upon criminal history record information (CHRI) received from the criminal justice agency, the County Manager or Human Resources Director 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. (2) If this Ordinance or the application thereof to any person or circumstance is held invalid, such 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 Ordinance are declared to be severable. (3) Any Ordinance or any part of an Ordinance in conflict with this Ordinance, to the extent of such conflict, is hereby repealed. (4) This Ordinance is adopted in the interest of public health, safety, and general welfare of the inhabitants of Lee County, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this the 10th day of September 2007. Attest: yn M: Lee Robert H Brown, Chairman Clerk to the Board Lee County Board of Commissioners _I, Gaynell Lee, Clerk to the Board, do hereby certify that the above is a true copy of the CRIMINAL HISTORY CHECK ORDINANCE adopted and approved by the Lee County Board off Commissioners �yo'n) -the 10th day of September 2007. Dat I- ( A ay .Lee 6 Clerk to the Board