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Ordinance - 9/07 - Criminal History Check Ordinance
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Ordinance - 9/07 - Criminal History Check Ordinance
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9/9/2011 9:30:02 AM
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County of Lee <br />Criminal History Check Ordinance <br />BE IT ORDAINED by the Board of Commissioners of the County of Lee: <br />This Ordinance adopted by the Lee County Board of Commissioners is to provide a policy and procedures for conducting <br />criminal history checks through SBI /DCI on final applicants for employment with Lee County. This ordinance is adopted <br />pursuant to the authority vested in Lee County by the General Assembly of the State of North Carolina in Sections 153A -11 and <br />153A -12 of the North Carolina General Statutes. <br />1. In order to protect the citizens of Lee County and their properties, the procedures herein are established to provide <br />for fingerprinting and criminal history checks on all final applicants for any position, regular or part-time in the operations of <br />county government. Subject to Division (C) of this section, employment with the county may be denied for those persons <br />convicted of any crime against a person, or crimes against property where intent is an element, or any drug or gambling related <br />offense <br />(A) The County Manager or Human Resources Director, may conduct an investigation of any final candidate for a <br />permanent full -time or part-time position with the county government and it shall be a precondition of employment <br />that an applicant for such a position, upon request, provide fingerprints and all other necessary personal <br />identification including a birth certificate, social security number and drivers license, if available, so the County <br />Manager or Human Resources Director may cause a thorough search to be made of local and state criminal <br />records to determine if the applicant has a history of criminal convictions or the crimes enumerated above by use <br />of the Division of Criminal Information Network (DCI). <br />(B) The Lee County Sheriffs Office shall provide the findings from the use of the DCI to the County Manager or <br />Human Resources Director, provided all necessary agreements with the State Bureau of Investigations Division of <br />Criminal Information have been executed. <br />(C) An evaluation of any crime for purpose of employment will take into account the nature and the circumstances of <br />the offense and the time frame of the offense as it relates to the essential job functions or the position applied for. <br />(D) Prior to denial or termination of employment based upon criminal history record information (CHRI) received from <br />the criminal justice agency, the County Manager or Human Resources Director shall verify the existence of a <br />record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the criminal <br />information and identification section for verification that the CHRI record belongs to the individual. <br />(2) If this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not <br />affect other provisions or applications of the Ordinance which can be given separate effect and to that end the provisions of this <br />Ordinance are declared to be severable. <br />(3) Any Ordinance or any part of an Ordinance in conflict with this Ordinance, to the extent of such conflict, is hereby <br />repealed. <br />(4) This Ordinance is adopted in the interest of public health, safety, and general welfare of the inhabitants of Lee <br />County, North Carolina, and shall be in full force and effect from and after its adoption. <br />Adopted this the 10th day of September 2007. <br />Attest: <br />yn M: Lee Robert H Brown, Chairman <br />Clerk to the Board Lee County Board of Commissioners <br />_I, Gaynell Lee, Clerk to the Board, do hereby certify that the above is a true copy of the CRIMINAL HISTORY CHECK <br />ORDINANCE adopted and approved by the Lee County Board off Commissioners <br />�yo'n) -the 10th day of September 2007. <br />Dat I- ( A ay .Lee 6 <br />Clerk to the Board <br />
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