TO: Mayor and Members of City Council
THRU: Dr. Douglas J. Hewett, ICMA-CM, City Manager
FROM: Jerry Clipp, HRD Director
DATE: October 13, 2025
RE:Title
Adopt Ordinance Regarding New Legislation Impacting Applicants
Title
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COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
GOAL IV: The City of Fayetteville will be a desirable place to live, work, and recreate.
Executive Summary:
A new state law (Session Law 2025-16) was enacted this summer that will require cities in North Carolina to subject all applicants for positions that require working with children in any way to criminal history record checks conducted by the North Carolina State Bureau of Investigation (SBI). This new law will be implemented October 1, 2025.
Background:
N/A
Issues/Analysis:
If a position being filled by a city “requires an applicant for employment to work with children in any capacity, every City Council must require the applicant, if offered the position, to be subject to a criminal history record check conducted by the SBI. These checks must be conducted in accordance with G.S. 143B-1209.26. This is a requirement to implement. This may prolong the applicant background check and relies on the applicant to get their fingerprints. Fingerprints will be taken in our Police Department.
Budget Impact:
We are looking into minimizing our current background procedure to make this additional cost budget neutral.
Options:
Adopt the ordinance
Do not adopt the ordinance and provide staff further direction.
Recommended Action::Recommended Action
Staff recommends adoption of the ordinance.
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Attachments:
Council Ordinance Change on Criminal history record check
DRAFT Human Resources Ordinance