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Home My WebLink AboutOTHER-2025-096-Authorization for County Manager to Sign the State Bureau of Investigation Non-Criminal Justice Access Agreement Chi-H �'�. -�0�5 - �t� � � .� � ► p � a , � a5 gw5rA NORTH CAROLINA STATE BUREAU OF INVESTIGATION 3320 GARNER ROAD " " P,O, BOX 29500 fill RALEIGH, NC 27626-0500 m� ROY COOPER R , E , " CHIP" HAWLEY GOVERNOR (9I9) 582.0600 DIRECTOR STATE BUREAU OF INVESTIGATION NON -CRIMINAL JUSTICE ACCESS AGREEMENT North Carolina General Statute ( NCGS ) . 143E -945 ( City/County Government Em Ip oymen L. i I This Agreement made and entered into by and between the North Carolina State Bureau of I Investigation ( hereafter referred to as " NCSBI " ) and the Agency named below ...Orange County Government ( hereafter referred to as "AGENCY" ) for the purpose and consideration hereafter set out . I . Purpose ; The purpose of this Agreement is to outline the responsibilities of the NCSBI and the AGENCY regarding the proper care , custody , and control of all criminal history record information (CHRI ) received by the Agency from the NCSBI as authorized by the North Carolina statute listed above . II . Responsibilities of NCSBI : A . NCSBI agrees to provide the appropriate training to the AGENCY Administrator, i or designee , as requested or needed for the above mentioned NCSBI system access , B . NCSBI agrees to notify the AGENCY Administrator of any changes in the record disseminated to the AGENCY Administrator, due to a court ordered expungement , which are discovered by NCSBI within ninety ( 90 ) days of dissemination of such record to the AGENCY Administrator. C . NCSBI will conduct a compliance audit of AGENCY regarding the handling and dissemination of CHRI . The audits are conducted on a three ( 3 ) year cycle . III . Responsibilities of the AGENCY . The AGENCY agrees to comply with the following policies and procedures , I A . The AGENCY recognizes that the purpose for which it is authorized to receive CHRI is to assist in determining whether current employees or individuals applying for employment have any disqualifying information appearing on their criminal record , i B . The AGENCY agrees that Its use of CHRI is for this purpose alone and for no other, and that neither it , nor any of its employees , shall make any other or further use of such information , including confirming the existence or non - existence of a criminal record . C . The AGENCY understands that In order to obtain a state and national criminal history record check , only one ( 1 ) applicant fingerprint card shall be submitted to NCSBI for processing . D . The AGENCY must make requests in writing through the Authorized Official to the NCSBI . Requests from other AGENCY officials will not be honored . The applicant' s/employee ' s complete name , sex , race , date of birth , social security number ( optional ) and any other descriptive data as shall be appropriate to identify the individual , shall be submitted on the fingerprint card provided by the NCSBI . E . The AGENCY understands the Authority for Release of Information form is not to be submitted to the NCSBI but shall be retained by the AGENCY for a period of one ( 1 ) year frorn the date the fingerprints are submitted to the NCSBI . F . The AGENCY understands that if the information contained In the CHRI is used to disqualify an individual , the CHRI shall be provided to the subject of the record and afforded an opportunity to provide additional information or challenge the accuracy of the Information , Any individual wishing to correct , complete or otherwise challenge a CHRI record must avail themselves of the procedures set forth in the Division of Criminal Information ( DCI ) administrative procedures . ( 14B NCAC 18B . 0404 ) . G . With the exception of Section III , Paragraph E noted above , the AGENCY understands that under no circumstances shall CHRI obtained from NCSBI and FBI be released to or reviewed by anyone other than the AGENCY , H . The AGENCY understands that an individual should not be presumed to be guilty of any charge/arrest for which there is no final disposition reflected in the CHRI . I . The AGENCY agrees that the CHRI will not be received or sent by email or fax , The AGENCY agrees to contact the NCSBI for approval before initiating use of an electronic system intended to store any CHRI received by the NCSBI . J. The AGENCY agrees to comply with the most recent version of the FBI ' s Criminal Justice Information Services (CJIS) Security Policy and , if applicable , the Security and Management Control Outsourcing Standard for Non - Channeler. K . The AGENCY agrees to notify the NCSBI in writing prior to entering a contract with a third party for outsourcing services that will require the third party to have access to CHRI supplied by the NCSBI and /or the FBI . L . The AGENCY shall be responsible For the security and privacy of the CHRI received by it or received by any private contractor pursuant to a specific agreement with the AGENCY . M . The AGENCY understands the CHRI shall be kept under lock and key , separate from the Personnel Files . The CHRI shall only be available to the Authorized Officials as set forth in this access agreement . N . The AGENCY shall be responsible for reviewing AGENCY policies and knowing what data can and cannot be used as grounds for denying or terminating employment in accordance with standards in the appropriate enabling legislation referred to above . O . The AGENCY understands that NCSBI and the FBI maintains only those criminal records for which an individual is required by law to submit to the fingerprinting process ; consequently , there are criminal records maintained by other states or local agencies that are not on file with the NCSBI or the FBI . P . If state and national , the AGENCY agrees to pay the fee of thirty -eight ($ 38 . 00 ) dollars for every criminal record check . The AGENCY understands it will be billed at the end of each month for the amount due . The AGENCY will return a copy of the invoice with the AGENCY' s check in the amount of the total payment due . The payment is due the following month . The AGENCY' s check should be made payable to the North Carolina State Bureau of Investigation and mailed to : NC State Bureau of Investigation Attention ; Business Office ' ' Post Office Box 29500 Raleigh , North Carolina 276 M500� Q . If state ONLY, The AGENCY agrees to pay th6Ffee of ten dollars ( 10 , 00 ) for each name check or fourteen dollars ( 14 , 00 ) for every fingerprint card processed by SBI , which reflects the cost of providing the CHRI record'. TheAGENCY understands it will be billed at the end of each month for the amount due . The AGENCY will return a copy of the invoice with the AGENCY' s check in the amount of the total payment due . The payment is due the following month . The AGENCY's check should be made payable to the North Carolina State Bureau of Investigation and submitted . IV . Penalties/Liability The NCSBI reserves the right to terminate this Agreement upon determining that the AGENCY has violated any applicable law , rule or regulation or has violated the terms of this Agreement . The Agency agrees to indemnify and to absolve of liability the North Carolina Department of Public Safety , NCSBI , and its officials and employees from and against any and all claims , demands , actions , suits , and proceedings by others , against all liability including but not limited to any liability for damages by reason or arising out of any false arrest or imprisonment, employee action , or any action whatsoever, or against any lost , cost, expense , and damage , resulting therefrom , arising out of this Agreement , or breach of this Agreement, or NCSBI rules and regulations . I Complete required fields below I certify that I have read and understand the terms of this Agreement with the North Carolina State Bureau of Investigation , Criminal Information and Identification Section , and I will uphold the Agreement . I Orange County , North Carolina I certify that the following person ( s ) personally appeared before me this day , each i acknowledging to me that he or she signed the foregoing document : I f i By . Travis Myrenr , Printed Name of AGENCY Authorized Official gna re of AGE Y Authorized Official i Date : Official SIT4re of Notary Public I J , Y � Notary's Typed or Printed Name i I °\\I \ I \ luulq► va JEN$ �,, My Commission Expires ••' NOTARY 4111 • Ptl� `z_ s xw Ea: 4110 o r • c j, qt 2 i I i I € € NCSBI OFFICIAL USE ONLY This Access Agreement becomes effective on MONTH / DAY lYEAR I Approved bye Denied bye I E I