Agenda 10-21-2025; 8-f - Authorization for County Manager to Sign the State Bureau of Investigation Non-Criminal Justice Access Agreement

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 21, 2025 Action Agenda Item No. 8-f SUBJECT: Authorization for County Manager to Sign the State Bureau of Investigation Non-Criminal Justice Access Agreement DEPARTMENT: Human Resources ATTACHMENT(S): INFORMATION CONTACT: State Bureau of Investigation (SBI) Non- Brenda Bartholomew, Human Resources Criminal Justice Access Agreement Director, (919) 245-2552 PURPOSE: To authorize the County Manager to execute the State Bureau of Investigation (SBI) Non-Criminal Justice Access Agreement, enabling compliance with new statutory hiring requirements. BACKGROUND: The North Carolina General Assembly enacted Session Law 2025-16 (House Bill 216), which impacts hiring practices across all local government entities. Effective October 1, 2025, new statutory language under North Carolina General Statute (NCGS) §153A-94.2(b) mandates that counties must require criminal history record checks, including fingerprinting, for all applicants offered positions requiring the job responsibility of working with children in any capacity. Prior statutory language allowed but did not require a criminal background check as a hiring requirement. Counties had the discretion to conduct criminal background checks. Under the new law, background checks and fingerprinting are mandatory for positions requiring the job responsibility of working with children in any capacity. Currently, Orange County conducts background checks for designated classifications and fingerprinting is not currently a requirement. Effective October 1, 2025, Session Law 2025-16, SECTION 4.1. NCGS 153A-94.2 reads as rewritten: "§153A-94.2. Criminal history record checks of employees permitted. Lal The board of commissioners may adopt or provide for rules and regulations or ordinances concerning a requirement that any applicant for employment be subject to a criminal history record check of State and National Repositories of Criminal Histories conducted by the State Bureau of Investigation in accordance with G.c 1433 1209.25 G c 1433.1209 761. G.S. 143B-1209.26. The local or regional public employer may consider the results of these criminal history record checks in its hiring decisions. (b) Notwithstanding the provisions of subsection (a) of this section, if the position being filled requires an applicant for employment to work with children in any capacity, the board of commissioners shall require the applicant, if offered the position, be subject to a criminal history record check conducted by the State Bureau of Investigation in accordance with G.S. 143B-1209.26. The local or regional public employer must extend a conditional offer of the position pending the results of a criminal history record check required by this section."